type: legislation

jurisdiction: US

text:
Title 01 - GENERAL PROVISIONS
 Chapter 01.05. - ALASKA STATUTES
 Sec. 01.05.006. - Adoption of Alaska Statutes.
 The bulk formal revision of the laws of Alaska which was authorized by AS 24.20.070 and prepared under the direction of the Alaska Legislative Council and published by The Michie Company, legal publishers, of Charlottesville, Virginia, and titled "Alaska Statutes," as set out in the 47 titles of the Alaska Statutes, but not including the table of contents, indexes, citations to Alaska Compiled Laws Annotated, 1949, and session laws, chapter, article, section, subsection and paragraph headings, annotations, collateral references, notes and decisions, is adopted and enacted as the general and permanent law of Alaska.
 Sec. 01.05.010. - Adoption of revision. [Repealed, Sec. 2 ch 1 SLA 1963].
 Repealed or Renumbered
 Sec. 01.05.011. - Designation and citation.
 The bulk formal revision of Alaska law adopted and enacted into law by AS 01.05.006 and as amended and supplemented is known as the "Alaska Statutes" and may be cited "AS" followed by the number of the title, chapter, and section, separated by periods. For example, this title may be cited "AS 01"; this chapter may be cited "AS 01.05"; this section may be cited "AS 01.05.011 ." Except as otherwise indicated by the context, citations in accordance with this section include amendments and reenactments of the provision cited.
 Sec. 01.05.016. - Effect of adoption.
 (a) The adoption and enactment of the Alaska Statutes do not repeal, affect, or modify
 (1) a special, local, or temporary law;
 (2) a law making an appropriation;
 (3) a law affecting a bond issue or by which a bond issue may have been authorized;
 (4) the running of the statutes of limitations in force at the time the Alaska Statutes become effective;
 (5) the continued existence and operation of a department, agency, or office legally established or held;
 (6) a bond of a public officer;
 (7) a tax, fee, assessment, or other charge incurred or imposed;
 (8) a statute authorizing, ratifying, confirming, approving, or accepting a compact or contract with another state or with the United States or an agency or instrumentality of them.
 (b) All laws, rights, and obligations set out in (a) of this section continue to exist in all respects as if the Alaska Statutes had not been adopted and enacted.
 (c) In addition to their general application, the provisions of AS 01.10, as far as applicable, apply to this chapter, which enacts the Alaska Statutes.
 Sec. 01.05.020. - Prima facie evidence. [Repealed, Sec. 2 ch 1 SLA 1963].
 Repealed or Renumbered
 Sec. 01.05.021. - Effect of repeal on prior offenses and punishments.
 (a) No fine, forfeiture, or penalty incurred under laws existing before the time the Alaska Statutes take effect is affected by repeal of the existing law, but the recovery of the fines and forfeitures and the enforcement of the penalties are effected as if the law repealed had still remained in effect.
 (b) In the case of an offense committed before the time the Alaska Statutes take effect, the offender is punished under the law in effect when the offense was committed.
 Sec. 01.05.026. - Supplements as part of Alaska Statutes.
 The laws contained in the most recent cumulative supplement to and replacement pamphlets for the Alaska Statutes constitute prima facie a part of the Alaska Statutes, and the laws contained in the Temporary and Special Act pamphlets constitute prima facie the temporary and special law of Alaska, when prepared in accordance with this chapter and authenticated by the lieutenant governor.
 Sec. 01.05.030. - Citing, amending, or repealing. [Repealed, Sec. 2 ch 1 SLA 1963].
 Repealed or Renumbered
 Sec. 01.05.031. - Revision of statutes.
 (a) Subject to the general policies that may be adopted by the legislative council for the preparation and publication of the annual cumulative supplement to and replacement pamphlets for the Alaska Statutes and of the accompanying Temporary and Special Act pamphlets, the revisor of statutes shall revise for consolidation into the Alaska Statutes and the accompanying pamphlets all laws of a general and permanent nature and all laws of a temporary or special nature enacted by the legislature.
 (b) The revisor shall edit and revise the laws for consolidation without changing the meaning of any law in the following manner:
 (1) renumber sections, parts of sections, articles, chapters, and titles;
 (2) change the wording of section or subsection titles, or delete subsection titles, and change or provide new titles for articles, chapters, and titles;
 (3) change capitalization for the purpose of uniformity;
 (4) substitute the proper designation for the terms "the preceding section," "this Act," and like terms;
 (5) substitute the proper calendar date for "effective date of this Act," "date of passage of this Act," and other phrases of similar import;
 (6) strike out figures if they are merely a repetition of written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity;
 (7) correct manifest errors that are clerical, typographical, or errors in spelling, or errors by way of additions or omissions;
 (8) correct manifest errors in references to laws;
 (9) rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Alaska Statutes;
 (10) change all sections, when possible, to read in the present tense, indicative mood, active voice and if the use of personal pronouns cannot be avoided in a section change the section to read in the third person, and singular number, or any other necessary grammatical change in the manner generally followed in the Alaska Statutes;
 (11) delete or change sections or parts of sections if a deletion or change is necessary because of other legislative amendments that did not specifically amend or repeal them;
 (12) omit all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the law.
 (c) The revisor shall edit and revise the laws as they are enacted by the legislature, without changing the meaning of any law, so as to avoid the use of pronouns denoting masculine or feminine gender.
 Sec. 01.05.036. - Improvement of statutes.
 The Legislative Affairs Agency, working in cooperation with the revisor shall make recommendations to the legislative council concerning deficiencies, conflicts, or obsolete provisions in and the need for reorganization or revision of the statutes, and, at the direction of the legislative council, shall prepare for submission to the legislature legislation for the correction or removal of the deficiencies, conflicts, or obsolete provisions, or to otherwise improve the form or substance of any portion of the statute law of this state. Each title of the Alaska Statutes shall be systematically reviewed at least once each two years for deficiencies, conflicts, or obsolete provisions.
 Chapter 01.10. - LAWS AND STATUTES
 Article 01 - COMMON LAW
 Sec. 01.10.010. - Applicability of common law.
 So much of the common law not inconsistent with the Constitution of the State of Alaska or the Constitution of the United States or with any law passed by the legislature of the State of Alaska is the rule of decision in this state.
 Sec. 01.10.020. - Applicability of AS 01.10.040 - 01.10.090.
 The provisions of AS 01.10.040 - 01.10.090 shall be observed in the construction of the laws of the state unless the construction would be inconsistent with the manifest intent of the legislature.
 Sec. 01.10.030. - Constitutionality and severability.
 Any law heretofore or hereafter enacted by the Alaska legislature which lacks a severability clause shall be construed as though it contained the clause in the following language, "If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application to other persons or circumstances shall not be affected thereby."
 Sec. 01.10.040. - Words and phrases.
 (a) Words and phrases shall be construed according to the rules of grammar and according to their common and approved usage. Technical words and phrases and those which have acquired a peculiar and appropriate meaning, whether by legislative definition or otherwise, shall be construed according to the peculiar and appropriate meaning.
 (b) When the words "includes" or "including" are used in a law, they shall be construed as though followed by the phrase "but not limited to."
 Sec. 01.10.050. - Tense, number, and gender.
 (a) Words in the present tense include the past and future tenses, and words in the future tense include the present tense.
 (b) Words in the singular number include the plural, and words in the plural number include the singular.
 (c) Words of any gender may, when the sense so indicates, refer to any other gender.
 Sec. 01.10.055. - Residency.
 (a) A person establishes residency in the state by being physically present in the state with the intent to remain in the state indefinitely and to make a home in the state.
 (b) A person demonstrates the intent required under (a) of this section
 (1) by maintaining a principal place of abode in the state for at least 30 days or for a longer period if a longer period is required by law or regulation; and
 (2) by providing other proof of intent as may be required by law or regulation, which may include proof that the person is not claiming residency outside the state or obtaining benefits under a claim of residency outside the state.
 (c) A person who establishes residency in the state remains a resident during an absence from the state unless during the absence the person establishes or claims residency in another state, territory or country, or performs other acts or is absent under circumstances that are inconsistent with the intent required under (a) of this section to remain a resident of this state.
 Sec. 01.10.060. - Definitions.
 (a) In the laws of the state, unless the context otherwise requires,
 (1) "action" includes any matter or proceeding in a court, civil or criminal;
 (2) "daytime" means the period between sunrise and sunset;
 (3) "month" means a calendar month unless otherwise expressed;
 (4) "municipality" means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality;
 (5) "nighttime" means the period between sunset and sunrise;
 (6) "oath" includes affirmation or declaration;
 (7) "peace officer" means
 (A) an officer of the state troopers;
 (B) a member of the police force of a municipality;
 (C) a village public safety officer;
 (D) a United States marshal or deputy marshal; and
 (E) an officer whose duty it is to enforce and preserve the public peace;
 (8) "person" includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person;
 (9) "personal property" includes money, goods, chattels, things in action, and evidences of debt;
 (10) "property" includes real and personal property;
 (11) "real property" is coextensive with land, tenements, and hereditaments;
 (12) "signature" or "subscription" includes the mark of a person who cannot write, with the name of that person written near the mark by a witness who writes the witness's own name near the name of the person who cannot write; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names to the sworn statement;
 (13) "state" means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories;
 (14) "writing" includes printing.
 (b) In the laws of the state, "lewd conduct," "lewd touching," "immoral conduct," "indecent conduct," and similar terms do not include the act of a woman breast-feeding a child in a public or private location where the woman and child are otherwise authorized to be. Nothing in this subsection may be construed to authorize an act that is an offense under AS 11.61.123 .
 Sec. 01.10.065. - Certified mail.
 When the use of registered mail is authorized or required by the laws of the state, certified mail, with return receipt requested, may be used.
 Sec. 01.10.070. - Time statutes become law and take effect.
 (a) All bills passed by the legislature become law upon the governor's signature or upon the governor's veto being overridden or, when the governor allows a bill to become law without signature, on the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution. Acts become effective 90 days after becoming law, unless the legislature, by concurrence of two-thirds of the membership of each house, provides for another effective date.
 (b) The actual effective date of an Act having no effective-date provision is determined by starting with the day after it is signed by the governor or the day after the governor's veto is overridden or the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution, and counting 90 calendar days, the Act becoming effective at 12:01 a.m., Alaska Standard Time on the 90th day.
 (c) The actual effective date and time of an Act having an immediate-effective-date provision is 12:01 a.m., Alaska Standard Time, on the day after it is signed by the governor or on the day after the governor's veto is overridden or on the day after expiration of the period allowed for gubernatorial action by art. II, Sec. 17 of the Alaska Constitution.
 (d) An Act which specifies a definite effective date becomes effective at 12:01 a.m., Alaska Standard Time on the date specified.
 (e) When the governor allows a bill to become law without signature, the governor shall give written notice of that fact to the legislature. The date of this notice does not affect the date the bill becomes law or the date the Act takes effect.
 (f) In this section
 (1) "Act" means a bill which has become law;
 (2) "bill" means a legislative document proposing an Act;
 (3) "becomes effective" means becomes applicable; "effective date" does not mean date of enactment (or date of becoming law), although the two will coincide when a bill which has an immediate-effective-date provision is allowed to become law without the governor's signature;
 (4) "becomes law" means is enacted; "enactment" occurs when any one of the following takes place:
 (A) a bill which is passed by the legislature is signed by the governor;
 (B) the period specified in art. II, Sec. 17 of the Alaska Constitution expires without gubernatorial action;
 (C) the legislature overrides the governor's veto of a bill;
 (5) "passed by the legislature" means that the required majority of each house of the legislature has taken final action in approving the same version of a bill.
 Sec. 01.10.080. - Computation of time.
 The time in which an act provided by law is required to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
 Sec. 01.10.090. - Retrospective statutes.
 No statute is retrospective unless expressly declared therein.
 Sec. 01.10.100. - Effect of repeals or amendments.
 (a) The repeal or amendment of a law does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under that law, unless the repealing or amending act so provides expressly. The law shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture, or liability.
 (b) The expiration of a temporary law does not release or extinguish a penalty, forfeiture, or liability incurred or right accruing or accrued under that law unless the temporary law so provides expressly, and that law shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the penalty, forfeiture or liability or right accruing or accrued.
 (c) When an act repealing a former act, section, or provision is itself repealed, that repeal does not revive the former act, section, or provision, unless it is expressly so provided.
 Sec. 01.10.110. - Effect of amendments to Statehood Act.
 No amendment (enacted after September 16, 1976) which affects an interest of the state under the Alaska Statehood Act (72 Stat. 339) is effective as to the state unless approved by law enacted by the legislature or the people of the state.
 Title 02 - AERONAUTICS
 Chapter 02.05. - ALASKA AIR COMMERCE ACT OF 1960
 Chapter 02.10. - ALASKA AERONAUTICS ACT OF 1937
 Sec. 02.10.010. - Supervision over aeronautics and communication.
 (a) The department shall supervise aeronautics and communications inside the state, and shall make recommendations for the establishment, location, maintenance, operation, and use of airports, landing fields, air markings, air beacons, and other navigation facilities, and for the establishment, operation, management, and equipment of all air schools, flying clubs, and other persons giving air instruction.
 (b) The department shall, whenever it considers the action necessary in the interest of general safety or the safety of those engaged in aeronautics, adopt regulations establishing minimum standards with which all air navigation facilities, air schools, and flying clubs shall comply, and shall adopt and enforce regulations to safeguard from accident and to protect the safety of persons operating or using aircraft and persons and property on the ground, and to develop and promote aeronautics and communications in the state. However, the regulations may not duplicate or conflict with the aeronautical and communications regulations in force by the Department of Commerce of the United States, the Federal Communications Commission or the provisions of the Federal Air Commerce Act of 1926.
 Sec. 02.10.020. - Investigations and hearings.
 (a) The department may conduct investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter, and accidents or injuries incident to the operation of aircraft occurring within the state.
 (b) The department may administer oaths and affirmations, certify to all official acts, issue subpoenas, compel the attendance and testimony of witnesses and the production of papers, books, and documents.
 (c) If a person fails to comply with a subpoena or order issued under this chapter, the department may invoke the aid of any court in this state. The court may order that person to comply with the requirements of the subpoena, or order of the department, or to give evidence upon the matter in question. Failure to obey the order of the court is punishable by the court as contempt.
 Sec. 02.10.030. - Use of reports of or testimony in investigations as evidence and department employees as witnesses.
 The reports of or testimony given in investigations and hearings may not be admitted in evidence or used for any purpose in a suit, action, or proceeding growing out of a matter referred to in that investigation, hearing, or report, except in criminal or other proceedings instituted under this chapter. The commissioner and employees of the department may not be required to testify to facts ascertained in or information gained by reason of their official capacity and they may not be required to testify as expert witnesses in a suit, action, or proceeding involving aircraft.
 Sec. 02.10.040. - Regulations governing radio ground stations.
 The department shall adopt regulations governing the following:
 (1) requirements governing the installation of two-way radio receivers and transmitters on all passenger-carrying airplanes operating 25 air miles or more from their immediate landing fields;
 (2) the establishment of ground radio transmitters, adapted to the use of phone or code, of the power and on the frequencies needed, and for which permits can be obtained from the Federal Communications Commission, at or in the cities of Ketchikan, Juneau, Cordova, Anchorage, Fairbanks, and Nome, or as many of the cities as the department considers necessary for thorough communications coverage;
 (3) the establishment of schedules for operation of the ground stations, together with the necessary arrangements for the stations to receive weather and other data available through other communication agencies;
 (4) the use of the ground stations for commercial purposes, other than aviation, where no other communications service is available, provided that commercial use shall be limited to communications to the nearest United States Signal Corps station, or to its destination where no Signal Corps station is located;
 (5) other uses to which the ground stations can be put, on the frequencies, and under the licenses, on which they are authorized to operate;
 (6) the proper protection of the records of the proceedings of the department and the filing and publicizing of its regulations so that they are accessible to and generally known by the interested public;
 (7) the fixing of tolls to be charged for use of ground stations for commercial purposes, and the manner and method of accounting for the tolls;
 (8) the establishment of additional radio telephone stations, or the relocation of stations already established, which, in the opinion of the department are necessary, and from which the benefits and advantages expected to be derived, justify the cost of installation and maintenance.
 Sec. 02.10.050. - Use of revenue [Repealed, Sec. 2 ch 8 SLA 1968].
 Repealed or Renumbered
 Sec. 02.10.060. - Community and private cooperation.
 It is the obligation of the aviation concerns that use the service provided for in AS 02.10.040 , or the municipalities in which the radio telephone stations are located, to furnish suitable space without cost to the state, where the radio transmitting and receiving equipment may be installed and operated. A radio telephone station may not be established or operated at any place, except the six major stations provided for in AS 02.10.040 , unless the inhabitants of the community in which it is to be established, or the community residing adjacent thereto, provide for as much operation and maintenance of the station as the department requires.
 Sec. 02.10.070. - Penalties.
 A person who fails to comply with the requirements, or who violates any of the provisions of this chapter, or the regulations adopted by the department is guilty of a misdemeanor, and punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both.
 Sec. 02.10.080. - Department defined.
 In this chapter "department" means the Department of Transportation and Public Facilities.
 Sec. 02.10.090. - Short title.
 This chapter may be cited as the Alaska Aeronautics Act of 1937.
 Chapter 02.15. - ALASKA AERONAUTICS ACT OF 1949
 Sec. 02.15.010. - Purpose.
 The purpose of this chapter is to
 (1) further the public interest in aeronautical progress by providing for the protection of persons and promotion of safety in aeronautics through appropriate measures consistent with and supplementary to but not duplicating federal aeronautics laws and regulations, with a view to the least possible interference with aviation activity compatible with the general welfare;
 (2) encourage and develop aeronautics and the establishment and operation of a state system of airports through cooperation with municipalities, and otherwise, including cooperation with the federal government and acceptance and utilization of federal funds allotted for this purpose.
 Sec. 02.15.020. - Powers of department.
 (a) The department may perform acts, issue and amend orders, and adopt reasonable general or special regulations and procedures, and establish minimum standards, consistent with the provisions of this chapter, as it considers necessary to carry out the provisions of this chapter.
 (b) The department may enter into contracts necessary or advisable to the execution of the powers granted it by this chapter. Where the planning, acquisition, construction, improvement, maintenance, or operation of an airport or air navigation facility is financed wholly or partially with federal money, the department, as agent of the state, or of a municipality, or person, may let contracts in the manner prescribed by the federal authorities acting under the laws and rules and regulations of the United States.
 (c) The department may accept federal money and money from other public or private sources to accomplish in whole or in part any of the purposes of this chapter. All federal money accepted under this chapter shall be accepted and expended by the department upon the terms and conditions prescribed by the United States.
 Sec. 02.15.030. - Conformity to federal law.
 The department may not adopt a regulation, order, or standard that is inconsistent or contrary to any act of the Congress of the United States or regulations promulgated or standards established. A regulation, order, or standard may not be adopted that duplicates any current rules or regulations issued by a federal agency, or that applies to aircraft, airports, or air navigation facilities owned or operated by the federal government.
 Sec. 02.15.040. - Cooperation with federal agencies.
 The department shall cooperate with the Federal Emergency Management Agency, the armed forces of the United States government, and the Federal Aviation Agency for the purpose of coordinating aviation activities in carrying out the Civil Defense Program.
 Sec. 02.15.050. - Miscellaneous powers and duties of department.
 (a) The department may confer with and hold joint hearings with agencies of the United States in connection with matters arising under this chapter or relating to the sound development of aeronautics.
 (b) The department may avail itself of the cooperation, services, records, and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall, upon request, furnish to the agencies of the United States its cooperation, services, records, and facilities, insofar as may be practicable.
 (c) The department or a state or municipal police officer shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it or the police officer is informed, and shall, insofar as practicable, preserve, protect, and prevent the removal of the component parts of an aircraft involved in an accident being investigated until the federal agency institutes an investigation.
 (d) An aircraft operator is not required to make periodic reports to the department but an additional copy of a report rendered to another governmental department or agency may be required of an operator.
 (e) The department may report to the appropriate federal agencies and agencies of states proceedings instituted charging violation of any sections of this chapter and penalties, of which it has knowledge, imposed upon an airman or the owner or operator of an aircraft for violation of the law of this state relating to aeronautics, or for violation of the regulations or orders of the department. The department may receive reports of penalties and other data from agencies of the federal government and states and, when necessary, enter into agreements with federal agencies and the agencies of states governing the delivery, receipt, exchange, and use of reports and data. The department may make the reports and data available to a court of this state and to a state or municipal officer authorized to enforce the aeronautics laws.
 (f) The department may draft and recommend suitable legislation to advance the interests of the state in aeronautics; represent the state in aeronautical matters before the federal agencies and other state agencies; and participate as party plaintiff or defendant on behalf of the state or as intervenor in a controversy that involves the interests of the state in aeronautics.
 (g) The department may acquire data on passenger enplanements from air carriers; however, the department may not obtain passenger manifests from air carriers except for matters concerning public safety.
 Sec. 02.15.060. - Establishment, operation, and maintenance.
 The department may plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities within the state.
 Sec. 02.15.070. - Acquisition and disposal of property.
 (a) For the purposes specified in AS 02.15.060 the department may, by purchase, gift, devise, lease, condemnation, or otherwise, acquire real or personal property, or any interest in the property including easements in airport hazards or land outside the boundaries of an airport or airport site, necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. The department may acquire existing airports and air navigation facilities in the same manner except it may not acquire or take over an airport or air navigation facility owned or controlled by a municipality or person without the consent of the municipality or person.
 (b) The department may, by sale, lease, or otherwise, dispose of all, a portion of, or an interest in a property, airport, or air navigation facility described in (a) of this section. The proceeds of any disposition shall be used for the purposes set out in this chapter.
 Sec. 02.15.080. - Joint operations.
 The department may exercise the powers granted by AS 02.15.060 - 02.15.100 jointly with a person, municipality, or agency of the state, or with the United States.
 Sec. 02.15.090. - Operation and use privileges.
 (a) In operating an airport or air navigation facility owned or controlled by the state, the department may enter into contracts, leases, and other arrangements covering periods not exceeding 55 years with a person, municipality, or the United States, granting the privilege of using or improving an airport or air navigation facility or a portion of it or space in it for commercial, governmental, or other public purposes, including private plane tie down; or conferring the privilege of supplying goods, commodities, services, or facilities at an airport or air navigation facility. The department may establish the terms and conditions and fix the charges, rentals, and fees for the privileges or services that are reasonable and uniform for the same class of privilege or service. Charges, rentals, or fees authorized by this subsection may be fixed for the international airports by order of the commissioner or by negotiated or competitively offered contract. Notwithstanding AS 37.10.050 (a), the fixing of charges, rentals, or fees as permitted under this subsection is not subject to the adoption of regulation provisions of AS 44.62 (Administrative Procedure Act). The terms, conditions, charges, rentals, and fees shall be established with due regard to the property and improvements used and the expense of operation to the state. However, use of state land and buildings by the Alaska Wing, Civil Air Patrol and its squadrons shall be permitted without rental charges. If the department permits space in state-owned or state-controlled airports to be used as lounges for members of the United States armed forces, the Alaska National Guard, the Alaska Naval Militia, or the Alaska State Militia and if the lounges are operated by persons exempt from taxation under 26 U.S.C. 501(c)(3) (Internal Revenue Code), rent may not be charged for the use of the space. The department shall provide for public notice and an opportunity to comment before a charge, rental, or fee is fixed by order of the commissioner as permitted under this subsection. The public may not be deprived of its rightful, equal, and uniform use of the airport, air navigation facility, or a portion of them.
 (b) The department may by contract or other arrangement, upon a consideration fixed by it, grant to a qualified municipality or person for a reasonable period of time the privilege of operating, as agent of the state or otherwise, an airport owned or controlled by the state. A municipality or person granted that privilege may not operate the airport other than as a public airport or enter into a contract, lease, or other arrangement in connection with the operation that the department may not have undertaken under (a) or (c) - (e) of this section.
 (c) Notwithstanding the right of the public to rightful, equal, and uniform use under (a) of this section, before the expiration of a land lease, including the termination of a lease in holdover status, entered into under this section, the lessee may apply for a new lease, or for an extended term under the existing lease, for the same land. The commissioner shall approve the application for a new land lease or an extended term under this section without offering the land to other persons for leasing if
 (1) the lessee is in compliance with the terms and conditions of the existing or holdover lease; and
 (2) the continued use of the leasehold is consistent with written airport operation policies and is in the state's best interest.
 (d) A land lessee owns title to the permanent improvements that the lessee constructed or purchased during the term of the lease, unless the lease expressly provides that the state is the owner of the permanent improvements.
 (e) At the expiration, termination, or cancellation of a land lease entered into under this section,
 (1) a lessee who owns the improvements under (d) of this section shall continue to own the permanent improvements that the lessee constructed or purchased on a leasehold if the lessee is granted under (c) of this section a new lease or an extended term for the same land;
 (2) a lessee may sell the permanent improvements owned by the lessee to a succeeding lessee of the same land;
 (3) at the option of the lessee, the permanent improvements owned by the lessee may be sold by the state at public auction with the proceeds from the sale of the improvements going to the lessee, less administrative costs of the auction and obligations owed under the lease to the state; the successful bidder has the same right to enter into a new lease under (c) of this section without the department offering the land to other persons for leasing;
 (4) after notice by the department, the permanent improvements owned by the lessee shall be removed at the lessee's sole expense if
 (A) the permanent improvements do not comply with written airport operational policies or are not in the state's best interest;
 (B) the permanent improvements are not sold under (e)(2) or (3) of this section; or
 (C) the department makes written findings that the permanent improvements are a hazard to the public health and safety;
 (5) title to the permanent improvements vests in the department if the state purchases or otherwise contracts for the ownership of the permanent improvements, or if the lessee abandons the permanent improvements.
 Sec. 02.15.091. - Sale and delivery of in-bond merchandise at international airports.
 (a) Under (b) and (c) of this section, the department shall allow the sale and delivery of in-bond merchandise at an international airport only by an exclusive contract.
 (b) While the exclusive contracts for the sale and delivery of in-bond merchandise at international airports that exist on June 15, 1982 are in effect, the department may not permit or confer a right on any other person to offer to sell, sell, or deliver in-bond merchandise at an international airport.
 (c) After the exclusive contracts existing on June 15, 1982 are no longer in effect, the department shall enter into one exclusive contract and, on its expiration, additional successive exclusive contracts for the sale and delivery of in-bond merchandise at each international airport. Except under the existing and future exclusive contracts described in this section, the department may not permit or confer a right upon any person to offer to sell, sell, or deliver in-bond merchandise at an international airport.
 (d) The department shall offer the exclusive contracts required by this section by competitive bid or by competitive proposals. If the department offers the exclusive contracts by competitive bid, the department shall award the contracts after considering the generation of maximum revenue for the International Airports Revenue Fund established by AS 37.15.430 . If the department offers the exclusive contracts by competitive proposals, the department shall award the contracts after considering factors that include depth of management, financial ability, demonstrated experience at other locations, quality of services and products, success in marketing programs, character and improvements of proposed facilities, and the generation of optimum revenue for the fund.
 (e) The department shall actively supervise the operations under each exclusive contract for the sale and delivery of in-bond merchandise in order to ensure the effectiveness of the operations. To supervise contract operations under this section, the department shall develop and implement guidelines that provide for review of the reasonableness of price schedules, quality and assortment of merchandise, and customer service.
 (f) Nothing in this section applies to deliveries of in-bond merchandise as cargo to airlines.
 Sec. 02.15.095. - Courtesy cars.
 Notwithstanding the provisions of AS 02.15.090 (a), the department may not exclude from the streets, roads, highways, parking facilities, or other portions of a state-operated airport designated for operation or parking of ground transportation vehicles, nor may the department prohibit from picking up and discharging passengers, those motor vehicles commonly known as "courtesy cars" owned or operated by hotels, motels, or other similar places of public accommodation for the transportation of their guests to and from the airport at the request of the guest and for which service no charge is made to the guest.
 Sec. 02.15.100. - Liens.
 The department may enforce the payment of any charges for repairs, improvements, storage, or care of personal property made or furnished by the department or its agents, in connection with the operation of an airport or air navigation facility owned or operated by the state. The state has those lien rights generally allowed by law to secure payment for those services.
 Sec. 02.15.102. - Use of airports for utilities.
 A utility facility may be constructed, placed, or maintained across, along, over, under, or within a state airport only in accordance with regulations adopted or procedures prescribed by the department and only if authorized by a written permit issued by the department. The department may charge a fee for a permit issued under this section.
 Sec. 02.15.104. - Relocation of utility facilities incident to airport projects.
 (a) If, incident to the construction of an airport project, the department determines and orders that a utility facility located across, along, over, under, or within a state airport must be changed, relocated, or removed, the utility owning or maintaining the facility shall change, relocate, or remove it in accordance with the order, within a reasonable time set by the department in the order.
 (b) If the utility facility is not changed, relocated, or removed in accordance with the order, a permit authorizing the facility issued by the department under AS 02.15.102 becomes invalid and the facility will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114 .
 (c) The cost of change, relocation, or removal, as defined in AS 02.15.260, ordered under (a) of this section is to be paid as follows:
 (1) by the department as a cost of airport construction, if the utility facility is installed or authorized after June 11, 1986 under a utility permit or a regulation and is installed in the location specified in the permit;
 (2) by the department as a cost of airport construction, if the facility was installed before June 11, 1986 under a utility permit or utility easement and is in the location specified in the permit or easement;
 (3) by the department as a cost of airport construction, if the utility facility was installed before the location became part of a state airport or before permits were required;
 (4) by the department as a cost of airport construction, if the utility permit that requires the utility to pay the relocation cost was issued more than five years before the contract for the airport construction project was first advertised;
 (5) by the utility in all other cases unless the commissioner finds it is in the public interest for the cost to be paid by the department.
 Sec. 02.15.106. - Encroachment permits.
 An encroachment may be constructed, placed, changed, or maintained across or within an airport, but only in accordance with regulations or procedures adopted by the department. An encroachment may not be constructed, placed, maintained, or changed until it is authorized by a written permit issued by the department, unless the department provides otherwise by regulation. The department may charge a fee for a permit issued under this section.
 Sec. 02.15.108. - Relocation or removal of encroachment.
 If, incidental to the construction or maintenance of a state airport the department determines and orders that an encroachment previously authorized by written permit must be changed, relocated, or removed, the owner of the encroachment shall change, relocate, or remove it within a reasonable time set by the department in the order. The cost of the change, relocation, or removal shall be paid as provided in AS 02.15.104(c). If the owner does not change, relocate, or remove an encroachment within the time set by the department, the encroachment will be considered an unauthorized encroachment subject to the provisions of AS 02.15.114 .
 Sec. 02.15.110. - Unauthorized encroachments.
 If an unauthorized encroachment exists in, on, under, or over a state airport the department may require the removal of the encroachment, at the expense of the owner, in the manner provided in AS 02.15.112 - 02.15.114.
 Sec. 02.15.112. - Notice of removal of unauthorized encroachment.
 Notice shall be given the owner, occupant, or person in possession of an unauthorized encroachment, or to another person causing or permitting the encroachment to exist, by serving upon any of them a notice demanding the removal of the encroachment within a time limit set by the department. The notice must describe the encroachment with reasonable certainty as to its character and location. Service of the notice may be made by certified mail.
 Sec. 02.15.114. - Removal at owner's expense after noncompliance; removal expense.
 Sec. 02.15.114. Removal at owner's expense after noncompliance; removal expense.
 After a failure of the owner of an unauthorized encroachment to comply with a notice or order of the department under AS 02.15.104 , 02.15.108, or 02.15.112, the department may remove the encroachment, or cause it to be removed. The owner of the unauthorized encroachment shall pay to the department
 (1) the expense of the removal of the encroachment;
 (2) all costs and expenses paid by the state as a result of a claim or claims filed against the state by third parties for damages due to delays because the encroachment was not changed, removed, or relocated according to the order of the department; and
 (3) costs and expense of suit.
 Sec. 02.15.120. - Assistance to construct, enlarge, or improve air navigation facilities.
 The department may match available funds with those of municipalities, federal agencies, or other state agencies, for project costs relating to the construction, enlargement, or improvement of airports. The department may assist persons in the construction, enlargement, and improvement of airports and air navigation facilities. The airports and facilities, until they are abandoned as such, shall be at all times available for the use of and accessible to the general public, and maintained as public airports and facilities.
 Sec. 02.15.130. - Assistance to the federal government, municipalities, and other persons.
 The department may make available its engineering, maintenance, and other services, with or without charge, to the federal government, or to a municipality or person in connection with the planning, acquisition, construction, improvement, maintenance, or operation of airports or air navigation facilities.
 Sec. 02.15.140. - State financial assistance.
 The department may grant or lend money, subject to the provisions of AS 02.15.060, 02.15.070, and 02.15.120, to any person or municipality or to municipalities acting jointly for project costs relating to the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled or to be owned or controlled by the municipality or municipalities or person. Grants or loans may be furnished in connection with federal or other financial aid for the same purpose.
 Sec. 02.15.150. - Federal aid.
 A municipality may not participate under the Federal Airport Act unless the department has approved its application. The department may approve, disapprove, or modify a municipal application for direct participation under the Federal Airport Act.
 Sec. 02.15.155. - Project costs defined.
 In AS 02.15.120 - 02.15.155 "project costs" includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out the project including, but 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. 02.15.160. - Rural airstrip and seaplane facilities.
 The department may construct, maintain, or operate floats and seaplane ramp landing facilities, subject to the provisions of AS 02.15.060 , 02.15.070, and 02.15.120. The department may construct, maintain, or operate emergency landing fields, or rural airstrips adequate to meet rural needs with or without financial contribution by local interests.
 Sec. 02.15.170. - Duty of department.
 The department shall assist and cooperate with the Department of Education, the University of Alaska, the Civil Air Patrol, the Federal Aviation Agency and other civic, state and federal agencies in the development of a sound aeronautical educational program in the state by providing financial and material aid within its means and the use of state aviation facilities and equipment whenever possible.
 Sec. 02.15.180. - Financial assistance [Repealed, Sec. 1 ch 94 SLA 1980].
 Repealed or Renumbered
 Chapter 02.20. - REGISTRATION, FLIGHT PLANS, AND LANDING FIELD OBSTRUCTIONS
 Article 01 - REGISTRATION AND FLIGHT PLANS
 Sec. 02.20.010. - Registration of aircraft.
 (a) Every owner or operator of an aircraft that is based in the state shall register the aircraft with the department at those times designated by it when, in its judgment registration is necessary by reason of emergency or military necessity.
 (b) Registration shall be made upon a form furnished by the department and shall set forth the following information:
 (1) name and address of owner;
 (2) make, type, model, and license number of aircraft;
 (3) make, quantity, and horsepower of engines;
 (4) seating capacity, cruising range, and special utility of aircraft;
 (5) make, power, and frequencies of radio transmitter;
 (6) other radio equipment and flight instruments;
 (7) location of airport at which usually based;
 (8) such further information as the department may require during a national emergency or if requested by the military authorities.
 (c) Registration forms shall be available at the office of the department and at the manager's office at all major airports within the state. The registration fee is $1 for each aircraft, and this fee, together with the completed registration form, shall be mailed or otherwise delivered to the office of the department.
 Sec. 02.20.020. - Registration of pilots.
 (a) Each airplane pilot within the state shall register with the department upon a form provided for that purpose at times designated by the department when, in its judgment, registration is necessary because of emergency or military necessity.
 (b) Registration shall be made upon a form furnished by the department and shall set forth the pilot's name, sex, business, employer, mailing address, phone number, number and class of pilot's license together with all limitations and ratings, and expiration date of license.
 (c) Registration forms shall be available at the office of the department and at the manager's office at all major airports within the state. The registration fee is $1 for each pilot, and this fee, together with the completed registration form, shall be mailed or otherwise delivered to the office of the department.
 Sec. 02.20.030. - Inspection of emergency equipment.
 (a) The department shall furnish two types of colored adhesive labels or stickers, white and green, one of which shall be placed on the left side of an aircraft so that it may be easily visible to any passengers about to enter, and will certify that the aircraft has been inspected as to its emergency equipment, and that the necessary equipment required by law was aboard when inspected.
 (b) The green sticker shall indicate that the equipment was inspected between April 1 and October 15, and that the equipment aboard complies with the law requiring emergency equipment for that period of the year.
 (c) A white sticker shall indicate that the emergency equipment was inspected between October 15 and April 1, and that it complies with the law requiring emergency equipment during that period of the year.
 (d) A federal, state, or municipal law enforcement officer, or authorized member of the department is granted authority to enter aircraft within the state at any reasonable time for the purpose of making an inspection of emergency equipment.
 (e) An authorized person making an inspection under (d) of this section shall, if the aircraft is found to be legally equipped, place the appropriate sticker in the proper place as specified in (a) of this section. If the aircraft is not legally equipped, that person shall notify the department which may, if action is warranted, file charges against the owner or operator as provided in AS 02.15.220 - 02.15.240.
 (f) The department may issue waivers on the requirements for carrying certain items of emergency equipment if climatic conditions of certain areas or other considerations warrant exceptions.
 Sec. 02.20.040. - Flight plans.
 (a) During a national emergency, and if in the judgment of the department it is necessary for military security and the safety of the public, the department may issue and publish regulations requiring that flight plans be filed before each flight. Under those circumstances the department may issue regulations prohibiting flights over or adjacent to any area or military zone.
 (b) Flight plans shall be filed by pilots of aircraft, both private and commercial, before or immediately after taking off on a flight that will take the aircraft more than 15 air miles distant from its point of departure. The flight plan shall be filed with a federal aviation agency communications station or control tower, if one can be contacted; otherwise all essential details of a flight plan shall be left with a responsible person at the point of departure. Each flight plan will be closed with the proper communicator or tower operator immediately upon completion of each flight, if possible.
 (c) The department may adopt additional regulations concerning flight plans from time to time, if requested to do so by the proper military authorities, without further authority than that specified in this section.
 Sec. 02.20.050. - Obstructing airports and runways.
 (a) A person may not place an object on the surface of a public or private airport that because of its nature or location might cause injury or damage to an aircraft or person riding in the aircraft.
 (b) A person may not dig a hole or make any kind of excavation, or drive a sled, tractor, truck, or any kind of vehicle upon the surface of an airport that might make ruts, or tracks, or add to an accumulation of tracks so as to cause sufficient roughness of the surface to endanger aircraft using the airport.
 (c) All acts prohibited in (a) and (b) of this section also apply in their entirety to a temporary airport or runway that has been marked out on the frozen surface of a stream or lake for the use of aircraft.
 Sec. 02.20.060. - Enforcement and penalties.
 (a) Federal, state, and municipal law enforcement officers may enforce the provisions of this chapter and regulations adopted under this chapter.
 (b) A person who violates this chapter, or a regulation adopted under this chapter, is punishable, upon conviction, for each offense by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
 Sec. 02.20.070. - Department defined.
 In this chapter "department" means the Department of Transportation and Public Facilities.
 Chapter 02.25. - AIRPORT ZONING ACT
 Article 01 - AIRPORT ZONING REGULATIONS
 Sec. 02.25.010. - Airport zoning regulations.
 A person may not erect or permit to grow an airport hazard on land adjacent to the end of a runway of a public airport without a permit issued by the department. The area upon which these hazards are prohibited is the width of the runway, and extends from the airport boundary at the end of the runway, away from the runway in a direction parallel to its centerline for a distance equal to the length of the runway. An obstruction situated in an area not previously designated as an airport hazard area by the department is not a hazard if its height does not exceed five feet for each 200 feet distance from the boundary of the airport. The vertical measurement of the structure starts on the same plane as the surface of the runway.
 Sec. 02.25.020. - Power to adopt regulations.
 In addition to, or in place of, the airport hazard area described in AS 02.25.010, the department may adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for any airport within this state dividing the area surrounding the airport into zones. Within these zones, the department may specify the land uses permitted, and regulate and restrict the height to which structures and trees may be erected or allowed to grow, and require the abatement of lights, or electronic signals or emissions that may create a hazard to the operation of aircraft. In adopting or revising zoning regulations, the department shall consider, among other things, the character of the flying operations to be conducted at the airport, the nature of the terrain, the height of existing structures and trees above the level of the airport, the possibility of lowering or removing existing obstructions, and the views of the agency of the federal government charged with fostering civil aeronautics as to the aerial approaches necessary to safe flying operations at the airport.
 Sec. 02.25.030. - Adoption of zoning regulations.
 Airport zoning regulations may not be adopted or amended under this chapter except by action of the department after a public hearing at which parties in interest and citizens have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in a paper of general circulation printed and published nearest the location of the airport concerned.
 Sec. 02.25.040. - Publication of zoning plan.
 Upon the adoption of an airport zoning plan, the department shall prepare at least two copies of the plan, showing the airport and the airport hazard area, together with the designated height limits of possible hazards. One copy of the zoning plan shall be posted conspicuously at the airport concerned, and the other copy shall be filed in the office of the department.
 Sec. 02.25.050. - Pre-existing use not affected.
 All airport zoning regulations adopted under this chapter shall be reasonable, and the department may not require the removal, lowering, or other change or alteration of a structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use except under AS 02.25.060 .
 Sec. 02.25.060. - Permits for removal of nonconforming structures or trees.
 Where advisable to facilitate the enforcement of zoning regulations adopted under this chapter, permits may be granted to establish or construct new structures and other uses and to replace existing structures and other uses or make substantial changes or substantial repairs. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the department authorizing the replacement, change or repair. A permit may not be granted allowing the structure or tree to be made higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted. If the department determines that a nonconforming structure or tree is abandoned or more than 80 per cent torn down, destroyed, deteriorated, or decayed, (1) a permit may not be granted allowing the structure or tree to exceed the applicable height limits or otherwise deviate from the zoning regulations; and (2) whether application is made for a permit under this section or not, the department may, by appropriate action, compel the owner of the nonconforming structure or tree, at the owner's own expense, to lower, remove, reconstruct, or equip the object to conform to the regulations. If the owner of the nonconforming structure or tree neglects or refuses to comply with the order within 10 days after notice, the department may proceed to have the object lowered, removed, reconstructed, or equipped, and the cost and expense is a lien upon the object and the land on which it is located. Unless the account is paid within 90 days from the service of notice on the agent or owner of the object or land, the sum bears interest at the rate of eight per cent a year until paid, and shall be collected by foreclosure in the manner provided for the foreclosure of mortgages.
 Sec. 02.25.070. - Variances.
 A person desiring to erect a structure, or increase the height of a structure, or permit the growth of a tree, or otherwise to use the person's property in violation of airport zoning regulations adopted under this chapter may apply to the department for a variance from the zoning regulations. Variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter.
 Sec. 02.25.080. - Obstruction marking and lighting.
 In granting a permit or variance, the department may, if it considers the action advisable to effectuate the purposes of this chapter and is reasonable in the circumstances, condition the permit or variance to require the owner of the structure or tree to maintain suitable obstruction lights or markers thereon at the owner's own expense, or to permit the state, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights.
 Sec. 02.25.090. - Action by department.
 The department may institute an action in the superior court to prevent, restrain, correct, or abate a violation of this chapter or of airport zoning regulations adopted under this chapter or of an order or ruling made in connection with their administration or enforcement, and the court shall give relief, by way of injunction or otherwise as may be proper, in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made under this chapter.
 Sec. 02.25.100. - Criminal liability for violation.
 Each violation of this chapter or of a regulation, order, or ruling adopted or made under this chapter is a misdemeanor and is punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or by both.
 Sec. 02.25.110. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "airport" means an area of land or water designed for the landing and taking-off of aircraft and used or to be used as a point of arrival or departure by air;
 (2) "airport hazard" means anything that may obstruct or interfere with the navigation or operation of aircraft on or in the vicinity of an airport, including man-made structures of all kinds, trees and other natural growths, lights or beacons, and electrical or electronic devices emitting signals capable of disrupting radio communication;
 (3) "airport hazard area" means an area in the vicinity of an airport in which a hazard to the operation of aircraft might be situated, and that may be designated as such by the department;
 (4) "department" means the Department of Transportation and Public Facilities;
 (5) "person" means an individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, or similar representative;
 (6) "structure" means an object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines;
 (7) "tree" means any object of natural growth.
 Sec. 02.25.120. - Short title.
 This chapter may be cited as the Airport Zoning Act.
 Chapter 02.30. - OPERATION OF AIRCRAFT
 Sec. 02.30.010. - Two-way radios required.
 A person may not operate a commercial aircraft carrying passengers for a distance greater than 25 miles from an airport unless the aircraft is equipped with a two-way radio installation capable of transmitting and receiving for a distance of at least 50 miles under normal conditions.
 Sec. 02.30.020. - Unauthorized operation [Repealed, Sec. 21 ch 166 SLA 1978. For current law, see AS 11.46.484 ].
 Repealed or Renumbered
 Sec. 02.30.030. - Reckless operation.
 (a) A person may not operate an aircraft in the air or on the ground or water in violation of AS 28.35.030 , nor operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In a proceeding charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
 (b) A person may not operate an aircraft occupied by a crew member or passenger who is obviously under the influence of intoxicating liquor or habit-forming drugs.
 (c) A person may not operate a single engine land plane over water at such an altitude as to make it impossible to effect a landing upon land or a beach in the event of a complete engine failure.
 (d) The pilot of an aircraft carrying passengers may not attempt to take off if there is a coating of snow, frost, or ice on the wings or control surfaces of the aircraft in an amount sufficient to reduce the performance of the aircraft and endanger the occupants.
 Sec. 02.30.040. - Penalties.
 A person violating a provision of this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500 unless that person is convicted of a violation of AS 28.35.030, in which case the sentence shall be in accordance with AS 28.35.030.
 Sec. 02.30.050. - Definition.
 In this chapter "operate aircraft" means to use, navigate, pilot, or taxi an aircraft in the airspace over this state, or upon the land or water inside this state.
 Chapter 02.35. - UNIFORM AIR LICENSING ACT
 Sec. 02.35.010. - Federal law followed.
 It is declared that the policy, principles, and practices established by the United States Air Commerce Act of 1926, and all amendments to it are adopted and extended and made applicable to cover all air traffic in this state, so far as not covered by federal law.
 Sec. 02.35.020. - Aircraft license required.
 A civil aircraft may not be flown in this state unless it has an appropriate existing license or permit under federal law.
 Sec. 02.35.030. - Airman license required.
 A person may not act as an airman of a civil aircraft when that aircraft is flown or operated in this state unless that person has an appropriate existing license or permit under federal law.
 Sec. 02.35.040. - Registration of aircraft.
 An aircraft may not be operated or be flown in this state until a certified copy of the federal license or permit required under AS 02.35.020 has been filed with the department. Persons operating aircraft in the state shall within 30 days after the first day of January of each year file a certified copy of the federal license or permit with the department.
 Sec. 02.35.050. - Registration of airmen.
 A person may not act as an airman of a civil aircraft when that aircraft is flown or operated in the state until a certified copy of that person's federal license or permit required under AS 02.35.030 has been filed with the department. Every airman of any civil aircraft in the state shall within 30 days after the first day of January of each year file a certified copy of the person's federal license or permit with the department.
 Sec. 02.35.060. - Proper officer to make and certify copies of licenses.
 The certified copies of licenses and permits required to be filed with the department under the provisions of this chapter may be made and certified by an officer authorized to administer oaths and having an official seal, inside or outside the state. A charge may not be made by the department for the filings required.
 Sec. 02.35.070. - Receipts for certified copies.
 The department, upon receipt of certified copies as provided by AS 02.35.020 - 02.35.050, shall immediately issue to the proper party a receipt for the certified copy, which is prima facie evidence that the party has complied with the registration requirements of this chapter.
 Sec. 02.35.080. - Exceptions to application of chapter.
 The provisions of this chapter do not apply to the first entry of a civil aircraft or airman while engaged exclusively in commercial flying, constituting an act of interstate or foreign commerce, nor does this chapter apply to a public aircraft.
 Sec. 02.35.090. - License and permit to be exhibited on request.
 A certificate, permit, rating, or license required for an airman by the federal government shall be kept in the person's personal possession when the person is operating in the state and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department or an official, manager, or person in charge of an airport upon which the airman lands, or upon the reasonable request of any other person. A certificate, permit, or license required by the federal government for an aircraft shall be carried in the aircraft at all times while the aircraft is operating in the state. It shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of a peace officer or another officer of the state or of a municipality, or a member, official, or employee of the department, or an official, manager, or person in charge of an airport upon which the aircraft lands, or upon the reasonable request of any person.
 Sec. 02.35.100. - Temporary permit.
 In an extreme emergency where life or property may be involved, the department may issue a temporary permit to an airman or aircraft during the emergency. The permit shall be specific as to its purpose and may not extend beyond the emergency nor for a period of more than 30 days.
 Sec. 02.35.110. - Emergency rations and equipment.
 (a) An airman may not make a flight inside the state with an aircraft unless emergency equipment is carried as follows:
 (1) the following minimum equipment must be carried during the summer months:
 (A) food for each occupant sufficient to sustain life for two weeks;
 (B) one axe or hatchet;
 (C) one first aid kit;
 (D) one pistol, revolver, shotgun, or rifle, and ammunition for same;
 (E) one small gill net, and an assortment of tackle such as hooks, flies, lines, sinkers, etc.;
 (F) one knife;
 (G) two small boxes of matches;
 (H) one mosquito headnet for each occupant;
 (I) two small signaling devices such as colored smoke bombs, railroad fuses, or Very pistol shells, in sealed metal containers;
 (2) in addition to the equipment required under (1) of this section, the following must be carried as minimum equipment from October 15 to April 1 of each year:
 (A) one pair of snowshoes;
 (B) one sleeping bag;
 (C) one wool blanket for each occupant over four.
 (b) However, operators of multi-engine aircraft licensed to carry more than 15 passengers need carry only the food, mosquito nets, and signalling equipment at all times other than the period from October 15 to April 1 of each year, when two sleeping bags, and one blanket for every two passengers shall also be carried. All of the above requirements as to emergency rations and equipment are considered to be minimum requirements which are to remain in full force and effect, except as further safety measures may be from time to time imposed by the department.
 Sec. 02.35.115. - Downed aircraft transmitting devices.
 (a) An airman may not make a flight in the state with an aircraft unless the aircraft is equipped with an approved device capable of indicating by radio transmissions the position of the aircraft when grounded because of mechanical or other failure at a place other than an airport. The device shall be of sufficient durability to withstand the impact of a crash, and then be capable of being activated so as to transmit an effective signal on a preset emergency distress radio frequency to enable the location of the aircraft to be fixed.
 (b) The department shall establish minimum standards for downed aircraft transmitting devices and shall examine any available device for effectiveness and reliability and approve for use units found to be effective and reliable within limits and standards established by the department.
 (c) Upon petition by the owner of an aircraft, the department may exempt the aircraft from the requirements of this section upon a showing to the satisfaction of the department that a downed aircraft transmitting device would not significantly increase the safety of operations in a particular case. For the same reason, the department may exempt certain classes of aircraft.
 (d) The department may, upon petition by the owner or operator, exempt a specific aircraft from the requirements of this section
 (1) for the purpose of ferrying a newly acquired aircraft into the state;
 (2) for moving an aircraft with a defective locator device to the nearest available location for repair; or
 (3) for removal from the state of an aircraft not so equipped.
 Sec. 02.35.120. - Penalties for violation of chapter except AS 02.35.090 and 02.35.110.
 A person who acts as an airman for a civil aircraft when flown or operated in this state, except as provided in AS 02.35.080 and 02.35.100, without holding an existing airman's license or permit issued in accordance with this chapter and federal law; or who flies or causes to be flown in this state any civil aircraft, except as provided in AS 02.35.080 and 02.35.100, without an existing license or permit for that aircraft issued in accordance with the provisions of this chapter and federal law; or who violates a provision of this chapter or a regulation adopted under this chapter, is punishable by a fine of not more than $500 or by imprisonment for not more than six months or by both.
 Sec. 02.35.130. - Penalty for violation of AS 02.35.090 and 02.35.110.
 A person violating a provision of AS 02.35.090 and 02.35.110 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $500.
 Sec. 02.35.140. - Uniformity of interpretation.
 This chapter shall be interpreted and construed to effectuate its general purpose to make uniform the law of those states that enact it.
 Sec. 02.35.150. - Definitions.
 In this chapter,
 (1) "commissioner" means the commissioner of transportation and public facilities;
 (2) "department" means the Department of Transportation and Public Facilities.
 Sec. 02.35.160. - Short title.
 This chapter may be cited as the Uniform Air Licensing Act.
 Chapter 02.40. - RESPONSIBILITIES OF AIR CARRIERS
 Sec. 02.40.010. - Air carrier financial responsibility.
 (a) A person who carries passengers or freight for commercial purposes intrastate in an aircraft shall procure and maintain security in the following minimum amounts:
 (1) $150,000 per seat for bodily injury or death in a single occurrence; and
 (2) $100,000 for property damage in a single occurrence.
 (b) Evidence of security required under (a) of this section shall be filed with the department and must be
 (1) a policy or certificate of insurance issued by an insurer acceptable to the department;
 (2) a bond of a surety company licensed to write surety bonds in the state;
 (3) evidence accepted by the department, showing ability to self-insure; or
 (4) other security approved by the department.
 (c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
 (d) A policy of insurance, surety bond, or other form of security may not be canceled on less than 30 days' written notice to the department. This requirement must be clearly stated in the policy or endorsement for an insurance policy submitted as proof of financial responsibility under AS 02.40.020 (a)(1). The 30-day notice period is measured from the date on which the department receives notice.
 (e) A person who violates this section is guilty of a class A misdemeanor and is punishable by a fine of not less than $1,000 or more than $5,000 for each day of violation but not to exceed $10,000 for each violation.
 Sec. 02.40.020. - Certification of compliance of air carriers.
 (a) A person may not use an aircraft in air commerce before obtaining an annual certificate of compliance for that aircraft from the department. The department may issue a certificate of compliance for one aircraft or a fleet of two or more aircraft. The department shall issue or renew a certificate of compliance upon application and presentation of
 (1) proof of financial responsibility required under AS 02.40.010 ;
 (2) proof of compliance with Federal Aviation Administration requirements, and, where applicable, federal certification for scheduled airline service.
 (b) The annual fee for a certificate of compliance for one aircraft and for a fleet of two or more aircraft shall be set by the department by regulation. The certificate is valid for a calendar year. The certificate shall be visible to boarding passengers.
 (c) The department may authorize department personnel to enforce this section and may adopt procedural regulations necessary to implement this section. Upon finding a violation the department may issue a stop use order.
 (d) A person who violates this section is guilty of a class B misdemeanor and is punishable by a fine of not less than $500 or more than $1,000.
 Sec. 02.40.990. - Definitions.
 In this chapter,
 (1) "air carrier" means a person undertaking to engage in air commerce, whether directly or indirectly, or by lease, contract, or any other arrangement, and whether over regular or irregular routes;
 (2) "air commerce" means carriage by aircraft of persons or freight for commercial purposes or hire in intrastate commerce, including the carriage by aircraft of persons or freight that move partly by aircraft and partly by other forms of transportation;
 (3) "aircraft" means a propeller, rotor, or jet-powered device used or designed for flight in the air;
 (4) "commercial purposes" means activities for which the person receives direct monetary compensation and does not include activities incidental to and done in furtherance of the person's primary business;
 (5) "department" means the Department of Transportation and Public Facilities;
 (6) "freight" means commodities, articles, and cargo, of whatever nature or value, excluding garbage and trash.
 Title 03 - AGRICULTURE AND ANIMALS
 Chapter 03.05. - POWERS AND DUTIES OF COMMISSIONERS OF NATURAL RESOURCES AND ENVIRONMENTAL CONSERVATION
 Sec. 03.05.010. - Powers and duties of commissioner of natural resources.
 (a) The commissioner of natural resources shall
 (1) direct, administer, and supervise promotional and experimental work, extension services, and agricultural projects for the purpose of promoting and developing the agricultural industry within the state including such fields as horticulture, dairying, cattle raising, fur farming, grain production, vegetable production, and development of other agricultural products;
 (2) procure and preserve all information pertaining to the development of the agricultural industry and disseminate that information to the public;
 (3) assist prospective settlers and others desiring to engage in the agricultural industry in the state with information concerning areas suitable for agriculture and other activities and programs essential to the development of the agricultural industry in the state;
 (4) review the marketing, financing, and development of agricultural products inside the state including transportation, with special emphasis upon local production, and negotiate for the marketing of agricultural products of the state with federal and state agencies operating in the state;
 (5) regulate and control the entry into the state and the transportation, sale, or use inside the state of plants, seeds, vegetables, shell eggs, fruits and berries, nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and agricultural chemicals in order to prevent the spread of pests, diseases, or toxic substances injurious to the public interest, and to protect the agricultural industry against fraud, deception, and misrepresentation; in this connection the commissioner may require registration, inspection, and testing, and establish procedures and fees; and
 (6) regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate.
 (b) To carry out the requirements of this title, the commissioner of natural resources may issue orders, regulations, quarantines, and embargoes relating to
 (1) examination and inspection of premises containing products, articles, and commodities carrying pests;
 (2) establishment of quarantines for eradication of pests;
 (3) establishment of standards and labeling requirements pertaining to the sale of agricultural and vegetable seeds;
 (4) tests and analyses which may be made and hearings which may be held to determine whether the commissioner will issue a stop order or quarantine;
 (5) cooperation with federal and other state agencies.
 Sec. 03.05.011. - Powers and duties of commissioner of environmental conservation.
 (a) To carry out the requirements of this title, the commissioner of environmental conservation may issue orders, regulations, permits, quarantines, and embargoes relating to
 (1) examination and inspection of premises containing products, articles, and commodities carrying pests;
 (2) establishment of quarantines for eradication of pests and diseases in livestock;
 (3) tests and analyses that may be made and hearings that may be held to determine whether the commissioner will issue a stop order or quarantine;
 (4) cooperation with federal and other state agencies;
 (5) regulation of fur farming; for purposes of this paragraph, "fur farming" means the raising of and caring for animals for the purpose of marketing their fur, or animals themselves for breeding stock.
 (b) The commissioner of environmental conservation shall regulate the farming of elk in a manner similar to the manner in which the commissioner regulates domestic animals and livestock, to the extent that is appropriate.
 Sec. 03.05.015. - Agricultural production credits. [Repealed, Sec. 2 ch 110 SLA 1986].
 Repealed or Renumbered
 Sec. 03.05.020. - Miscellaneous powers of commissioner of environmental conservation.
 (a) The commissioner shall
 (1) require routine inspection of food animals to protect the public against fraud and disease;
 (2) adopt a schedule of fees or charges, and credit provisions, for services rendered by state veterinarians to farmers and others at their request in caring for livestock and poultry, and all the fees shall be transmitted to the commissioner for deposit in the state treasury;
 (3) designate points of entry for admission of livestock or poultry into the state, and arrange inspection at those points with or without collaboration and assistance of the federal government, and bar entry of stock or poultry not shipped under a valid permit or not free from contagious or infectious disease.
 (b) In this section, "commissioner" means the commissioner of environmental conservation.
 Sec. 03.05.025. - Seafood processing permits and plans of operation
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Sec. 03.05.026. - Seafood product quality standards and seals
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Sec. 03.05.030. - Rules for grading and classification of agricultural products.
 The commissioner may adopt rules, regulations, and procedures requiring the classification, grading, and inspection of agricultural products sold or offered for sale for general consumption before they are sold, and requiring the marking or labeling of any sack, box, carton, or other container of agricultural products to show the kind, grade, or other prescribed classification of the contents.
 Sec. 03.05.035. - Sale and labeling of frozen meat, fish and poultry
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Sec. 03.05.040. - Inspection.
 (a) On any business day during the usual hours of business the commissioner or an authorized inspector may, for the purpose of inspecting agricultural products subject to regulation, enter a storehouse, warehouse, cold storage plant, packing house, slaughterhouse, retail store, or other building or place where those products are kept, stored, processed, or sold.
 (b) In this section, "commissioner" means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
 Sec. 03.05.050. - Products in violation of regulations.
 (a) An agricultural product found by the commissioner, or an authorized inspector, to violate a regulation adopted under this chapter is declared to be a public nuisance injurious to the public interest and may not be moved by the person in whose possession it may be except upon the specific direction of the commissioner or inspector.
 (b) In this section, "commissioner" means commissioner of natural resources with respect to those products over which the commissioner of natural resources has jurisdiction under this title, and the commissioner of environmental conservation with respect to those products over which the commissioner of environmental conservation has jurisdiction under this title.
 Sec. 03.05.060. - Checking spread of contagious diseases.
 (a) The commissioner shall issue or cause to be issued by an authorized veterinarian, emergency orders designed to prevent the spread of contagious or infectious diseases among livestock and poultry inside designated areas or from one part of the state to another in cases of epidemic or threatened epidemic. The orders may cover care or extermination of afflicted stock and may prohibit the transportation of the stock and products derived from the stock, with compensation to owners as authorized by law.
 (b) In this section, "commissioner" means the commissioner of environmental conservation.
 Sec. 03.05.070. - Control of rabies
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Sec. 03.05.080. - Controlling exportation of animals.
 (a) The commissioner shall establish requirements and procedures for examination and certification of dogs, cats, and other animals being shipped out of the state.
 (b) In this section, "commissioner" means the commissioner of environmental conservation.
 Sec. 03.05.085. - Seafood processing research
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Sec. 03.05.090. - Penalty for violation.
 A person who violates a provision of this chapter or a regulation, order, or quarantine made under authority of this chapter, or violates a provision of a permit issued under this chapter, or sells seeds failing to meet the labeling requirements, standards, and tests provided for by regulation of the commissioner of natural resources or the commissioner of environmental conservation is guilty of a class A misdemeanor for each offense.
 Sec. 03.05.100. - Definitions.
 In this chapter,
 (1) "agricultural products" does not include fish or fisheries products;
 (2) [Repealed, Sec. 26 ch 72 SLA 1998].
 (3) "fish or fisheries products" means any aquatic animal, including amphibians, or aquatic plants or parts of those plants, animals, or amphibians that are usable as human food.
 Chapter 03.10. - ALASKA AGRICULTURAL LOAN ACT
 Sec. 03.10.010. - Declaration of policy.
 It is the policy of this chapter to promote the more rapid development of agriculture as an industry throughout the state by means of long-term low-interest loans.
 Sec. 03.10.020. - Powers of the department.
 (a) The department may
 (1) make a loan to
 (A) an individual resident farmer, homesteader, or a partnership or corporation composed of farmers and homesteaders for
 (i) clearing land for agricultural purposes;
 (ii) development of farms;
 (iii) storage and processing of farm produce; or
 (iv) the purchase of livestock or machinery;
 (B) an individual state resident, or a partnership or corporation for
 (i) storage and processing plants for agricultural products;
 (ii) the commercial production or processing of horticultural products in the state;
 (iii) the commercial production or processing of animal feed in the state; or
 (iv) the raising or care of animals in the state for the purpose of marketing their fur;
 (2) designate agents and delegate its powers to them as necessary;
 (3) adopt regulations necessary to carry out its functions, including regulations to establish reasonable fees for services provided and charges for collecting the fees;
 (4) establish amortization plans for repayment of loans, which may include delayed payments of principal and interest for not to exceed five years;
 (5) enter into agreements with private lending institutions, other state agencies or agencies of the federal government, to carry out the purposes of this chapter;
 (6) collect the fees and collection charges established under this subsection.
 (b) In this section "horticultural products" means vegetables, fruit plants, grass seed, sod, tree seedlings, ornamental plants, foliage, or flowering plants, grown in a greenhouse or nursery.
 Sec. 03.10.030. - Limitations on loans.
 (a) The farm development, chattel, or irrigation loan made under this chapter
 (1) may not exceed a term of 30 years, except that a chattel loan may not exceed a term of seven years;
 (2) may not, when added to the outstanding balance of other loans made under this chapter, exceed a total outstanding balance of $1,000,000;
 (3) shall be secured by a real estate or chattel mortgage of any priority, except that the portion of a loan that exceeds $500,000, when added to prior indebtedness that is secured by the same property, must be secured by a first mortgage;
 (4) shall bear interest at a rate that may not be less than eight percent or more than the commercial rate, unless the commercial rate is eight percent or less; in this paragraph "commercial rate" means the prevailing rate of interest at private lending institutions in the state for loans similar to those referred to in this subsection.
 (b) [Repealed, Sec. 72 ch 113 SLA 1982].
 (c) A short term loan, to be amortized within one year, not to exceed $350,000 to any one borrower may be made for operating purposes, except that a loan made under this subsection may not exceed $200,000 unless the loan is made to a borrower in a farm disaster area declared under AS 03.10.058 . An applicant for a short term loan may be required to purchase insurance through the Federal Crop Insurance Act (7 U.S.C. 1501 - 1520) as a condition of the loan. The term of a loan made under this subsection may be extended for up to three years by the agricultural revolving loan fund board, in the discretion of the board, upon application by the borrower.
 (d) [Repealed, Sec. 72 ch 113 SLA 1982].
 (e) An installment payment is delinquent unless it is mailed by the borrower on or before the 30th day after the date specified for payment in the loan agreement or unless it is received by the department on or before the 30th day after the date specified for payment in the loan agreement. If an installment payment is delinquent, the director of the division of agriculture of the department may assess a delinquency penalty. The delinquency penalty shall be an amount equal to seven percent of the delinquent payment, but the combined delinquency penalty and loan interest may not exceed 15 percent.
 (f) A farm product processing loan may not exceed $250,000. A mortgage that secures a farm product processing loan may be of any priority if the total indebtedness on the real estate, including the secured farm product processing loan, does not exceed $250,000. A farm product processing loan that, if made, would raise the existing indebtedness on the real estate securing the loan above $250,000, or a farm product processing loan on real estate that has a prior indebtedness of $250,000 or more, may be made only if all prior mortgagees agree to subordinate their mortgages to that of the state for the amount of the farm product processing loan that exceeds the $250,000 indebtedness limit on the real estate. A farm product processing loan may not exceed a term of 30 years or bear interest that is less than eight percent a year and shall be secured by a real estate or chattel mortgage or both.
 (g) A loan for clearing land may not
 (1) exceed $250,000;
 (2) bear interest that is less than eight percent;
 (3) have a term in excess of 20 years; or
 (4) be made for clearing land other than land that has been classified by the United States Department of Agriculture, Soil Conservation Service under the Land Capability Classification System as having agricultural potential for the production of annual crops, hay, or for pasture.
 (h) The commissioner shall adopt regulations to establish other terms for loans made under this chapter, consistent with the provisions of this section, and may establish interest rates for loans under (a)(4) of this section that
 (1) encourage agricultural development;
 (2) do not subsidize nonviable agricultural enterprises; and
 (3) do not discriminate against viable existing agricultural enterprises.
 (i) A person is not eligible for a loan under this chapter if the person has a past due child support obligation established by court order or by the child support enforcement division under AS 25.27.160 - 25.27.220 at the time of application.
 Sec. 03.10.033. - Restructuring of agricultural debt.
 (a) To increase the return to the state, the Agricultural Revolving Loan Fund Board may restructure loans in existence on January 1, 1987, made by the board or by the Alaska Agricultural Action Council based upon guidelines approved by the board. The restructuring may only include reduction of interest to rates below those specified by AS 03.10.030, an extension of the term of the loan, and an improvement to the security interest of the state. It may not reduce the amount of principal and interest owed before the loan is restructured.
 (b) The maximum term of a loan modified under (a) of this section is 30 years from the date of restructuring.
 (c) Notwithstanding any other provision of this section, the Agricultural Revolving Loan Fund Board may approve an application for restructuring under this section only upon
 (1) the applicant's written release of the state, including the Alaska Agriculture Action Council, the agricultural revolving loan fund, and the University of Alaska, from all potential liability for actions and omissions occurring before the date of restructuring that relate in any way to a state farm project, land sale, land sale relinquishment, farm loan, or loan application or loan modification application, whether granted or denied by the state; and
 (2) assignment by the applicant to the board of the proceeds from the federal government under 7 U.S.C. 1442 (Conservation Reserve Program) and P.L. 88-26 (Feed Grain Act of 1963), as amended.
 (d) If the board receives proceeds under (c)(2) of this section that exceed the amount owed and credited to the loan during the year, the board shall refund the extra proceeds to the applicant.
 Sec. 03.10.035. - Use or disposal of mortgaged farm land.
 (a) A borrower may not use farm land for a non-farm use or sell, lease, or otherwise dispose of farm land if that land is encumbered by a mortgage given to secure the payment of a farm development, chattel, or irrigation system loan under this chapter unless the borrower either
 (1) pays the outstanding balance of the loan in a lump sum or under other terms agreed to by the commissioner that accelerate payment of the loan; or
 (2) pays the outstanding principal balance for the remaining term of the loan at the prevailing rate of interest that is charged by commercial banks in the state during the calendar quarter in which the department receives notice of the change of use, sale, lease, or other disposal of the farm land.
 (b) In this section, "non-farm use" means a use of land other than for the production of domesticated plants and animals useful to humans, including forage and sod crops, grain and feed crops, fruits, vegetables, and livestock.
 Sec. 03.10.040. - Creation of fund.
 (a) There is an agricultural revolving loan fund which shall not exceed $75,000,000 to carry out the purpose of this chapter.
 (b) Money in the fund may be used by the legislature to make appropriations for costs of administering this chapter.
 Sec. 03.10.050. - Administration of fund.
 (a) The commissioner shall administer the loan fund in conjunction with the agricultural revolving loan fund board. No loan in excess of $25,000 may be made by the commissioner without the approval of a majority of the board.
 (b) The board is composed of seven members appointed by the governor and confirmed by the legislature in joint session. Five members shall be persons with background and experience in Alaska agriculture, two of whom shall be farmers who are residents in the state, operate producing farms in the state, and have operated the producing farms in the state for at least five years. Members of the board serve at the pleasure of the governor for overlapping three-year terms. Members of the board are not entitled to receive compensation for their services, but shall receive the same travel pay and per diem as provided by law for boards and commissions.
 (c) A meeting of the agricultural revolving loan fund board to act on applications for loans is exempt from the public meeting requirements of AS 44.62.310 .
 (d) Subject to an appropriation for the position and to facilitate execution of its duties, the Agricultural Revolving Loan Fund Board may appoint, supervise, and remove a financial analyst.
 (e) To encourage the prompt payment of loans, the department may establish a program of credits for persons who have a loan from the agricultural revolving loan fund and maintain good financial standing. The credits may be applied against no more than two percentage points a year of the interest due on agricultural revolving loan fund loans.
 (f) A credit may not be granted under (e) of this section to reduce interest due on a loan if the borrower has an agricultural loan in default, has a loan that has been rewritten, restructured, rolled over, or otherwise had its term extended or interest rate reduced, or has had a land payment or land clearing loan restructured.
 (g) The director of agriculture may dispose of property acquired by the Agricultural Revolving Loan Fund Board or by the commissioner through foreclosure, default, or other action arising out of agricultural loans or the sale of agricultural land. Disposals shall be conducted under regulations approved by the commissioner. The regulations must ensure that the property is disposed of so as to maximize the return to the state and must require that the parcels of land that are composed primarily of cropland soils be restricted to agricultural uses and disposed of only to persons who are residents of the state.
 Sec. 03.10.052. - Limitation on board members.
 (a) A member of the agricultural revolving loan fund board may not, during the member's term of office or within one year after ceasing to be a member of the board, obtain a loan under this chapter other than a short-term loan under AS 03.10.030 (c).
 (b) A person may not serve on the board if the person is delinquent on payments on a loan obtained under this chapter. The governor shall discharge a member of the board who is delinquent on payments on a loan obtained under this chapter within 30 days after the delinquency occurs.
 Sec. 03.10.054. - Sale or transfer of mortgages and notes [Repealed, Sec. 14 ch 122 SLA 1980].
 Repealed or Renumbered
 Sec. 03.10.058. - Farm disaster area.
 The governor may declare a farm disaster in an area of the state if a natural disaster causes a crop failure.
 Sec. 03.10.060. - Short title.
 This chapter may be cited as the Alaska Agricultural Loan Act.
 Chapter 03.12. - ALASKA GRAIN RESERVE PROGRAM
 Chapter 03.13. - FEDERAL CROP INSURANCE CONTRIBUTIONS
 Sec. 03.13.010. - Agreement with Federal Crop Insurance Corporation.
 The department shall enter into an agreement with the Federal Crop Insurance Corporation under which the department agrees to pay to the corporation a portion of federal crop insurance premiums paid by producers of agricultural commodities in this state. The agreement must provide for a corresponding reduction in the federal crop insurance premium paid by those producers.
 Sec. 03.13.020. - Amount of contributions.
 Under the agreement, the department shall pay to the corporation for each covered producer an amount equal to the amount that the corporation pays for that producer under 7 U.S.C. 1508(b)(3) of the Federal Crop Insurance Act (7 U.S.C. 1501 - 1520), except as provided otherwise in this chapter.
 Sec. 03.13.030. - Limitation.
 Thirty percent of each producer's premium, as calculated by the corporation, on coverage of up to 65 percent of the recorded or appraised average yield, as adjusted, shall be paid by the state.
 Sec. 03.13.040. - Appropriations.
 (a) The payments to the corporation shall be made from funds appropriated from the general fund to the department for that purpose.
 (b) If for any year the amount appropriated is insufficient to fully fund the contribution required by AS 03.13.020 , the department shall allocate funds on a first come basis.
 Sec. 03.13.050. - Definitions.
 In this chapter, "corporation" means the Federal Crop Insurance Corporation (7 U.S.C. 1503).
 Chapter 03.15. - AGRICULTURE PEST AND DISEASE CONTROL FUND
 Sec. 03.15.010. - Agricultural pest and disease control fund [Repealed, Sec. 2 ch 34 SLA 1968].
 Repealed or Renumbered
 Sec. 03.15.020. - Purpose of appropriations
 Repealed or Renumbered
 [Repealed, Sec. 26 ch 72 SLA 1998].
 Chapter 03.17. - MARKETING OF MILK
 Chapter 03.19. - SMALL GRAIN INCENTIVE PROGRAM
 Chapter 03.20. - AGRICULTURAL AND INDUSTRIAL FAIRS
 Sec. 03.20.010. - State aid.
 The state may grant aid to agricultural and industrial fair associations, incorporated under the laws of the state, to assist in the payment of (1) costs of operation and maintenance and (2) project costs for capital improvements of annual agricultural and industrial fairs.
 Sec. 03.20.020. - Amount and conditions of aid.
 (a) Fairs may be held each year in each of the house election districts, and state aid for the operation and maintenance of the fairs may not exceed a basic grant of $10,000; however, fairs in existence five years or longer may receive an increment grant not to exceed $2,500 per year of existence to a maximum of $75,000. The people of each district sponsoring a fair are not eligible for state aid unless they subscribe to spend from their own funds for that purpose an amount equal to the amount of the state aid and have or organize an agricultural and industrial fair association for the operation and maintenance of the fairs. Each fair receiving state aid is open to entries by the people of the whole state and special provision shall be made for exhibits from boys' and girls' clubs.
 (b) An agricultural and industrial fair association qualifying for and applying for operation and maintenance grants may also apply for capital improvement grants.
 (c) For the purpose of matching state fair aid allocations, a fair whose local resources are not sufficient to match dollar for dollar may, in preparing its annual report, place a reasonable itemized monetary value on donated labor, materials, and equipment used in the construction, repairing, and maintenance of fairgrounds, buildings, and facilities in place of dollar matching up to 50 percent of its annual requests. The commissioner shall determine when local resources are insufficient to allow the community to match the amount of state aid requested under (a) of this section, and shall approve the reasonableness of the value assigned the donations by the fair.
 (d) Premiums and prizes that qualify for listing for allocation purposes under this section shall be those paid for exhibits and educational contests, displays, and demonstrations of an educational nature. This does not include prizes or premiums for promotion or entertainment activities such as queen contests, parades, dances, rodeos, or races. A listing of fund allocations under this section containing the names of all premium and prize winners, including the amount and value of all awards, shall be maintained by the fair association.
 Sec. 03.20.030. - Application for and granting of operation and maintenance aid.
 (a) Each agricultural and industrial fair association desiring to apply for an operation and maintenance grant shall apply to the commissioner before August 1 of the year preceding the fiscal year for which the grant is sought. It shall submit with the application a planned program of operation and maintenance of the proposed fair, the rules and regulations governing the fair, and a certificate signed by the president and secretary of the association, certifying that the association will spend for the proposed fair, a sum of money from their own funds equal in amount to the benefits requested under this chapter. When satisfied that the association is entitled to receive state aid under the provisions of this chapter, the commissioner shall have a warrant drawn in favor of the association, in the sum to which it is entitled. The commissioner shall pay annually the sum to be paid under the provisions of this chapter.
 (b) The commissioner shall require each association receiving state operation and maintenance aid to furnish receipts for money paid to them. The commissioner may prescribe the form of the receipt. Each association shall furnish a statement executed and acknowledged by the president and secretary, covering the disbursements by the association of all operation and maintenance funds, for fairs held under this chapter. The statement must definitely set forth that wherever any state aid money has been disbursed that a like amount of fair association fund money has been expended and that in no instance has the expenditure of state money exceeded the expenditure of fair association money. The association shall make a full report of receipts and expenditures including the sums expended for prizes and awards to the commissioner and this report shall be transmitted to the next legislature.
 (c) A sum equal to at least 25 percent of the state operation and maintenance aid received under this chapter shall be used for premiums or transportation cost of exhibits.
 Sec. 03.20.035. - Application for and granting of capital improvement aid.
 (a) Each agricultural and industrial fair association desiring to apply for a capital improvement grant shall apply to the commissioner before August 1 of the year preceding the fiscal year for which the grant is sought. It shall submit with the application a proposed long-term capital improvement plan of the fair covering five years from the time the application is submitted, which shall be certified by the president and secretary of the association as having been reviewed and approved by the governing body of the association. When satisfied that the association is entitled to receive state aid under the provisions of this section, the commissioner shall have a warrant drawn in favor of the association, in the sum to which it is entitled.
 (b) Each association receiving state capital improvement aid shall furnish receipts to the commissioner for money paid to them. The commissioner shall prescribe the form of the receipt. The association shall make a full report of its receipts and expenditures made for capital improvements and this report shall be transmitted to the next legislature following the receipts and expenditures.
 Sec. 03.20.040. - Display of exhibits outside state.
 The commissioner may collect and ship, for display outside of the state, exhibits of Alaska produce, mining, and manufacturing, and other exhibits, including the Native arts. The commissioner may expend not more than $2,000 a year for that purpose. The commissioner shall account for and report the funds disbursed under this section.
 Sec. 03.20.050. - More than one association and fair permitted.
 Nothing in this chapter prohibits the formation of more than one agricultural and industrial fair association in each house election district or the holding of an agricultural and industrial fair in several places in each district. When more than one association is formed in a house election district or when a fair is held in more than one place in the district, the minimum operational aid is $250. When more than one association applies for the benefits of this chapter, the commissioner shall divide the money allotted to the district among the applicants in proportion to the amount justified at the time of application.
 Sec. 03.20.060. - Expenditure of aid for nonperishable exhibits.
 The commissioner may require an association to expend not more than 10 percent of the state operation and maintenance aid granted, for the purpose of buying nonperishable exhibits. Those exhibits shall be held by the association subject to the order of the commissioner.
 Sec. 03.20.070. - Funds to be returned if unexpended or if no fair held.
 (a) If an association has received state operation and maintenance funds under this chapter and fails to hold a fair in accordance with its program, or does not disburse all of the state funds paid to it for that purpose, the association shall return those funds, or the unexpended portions, to the department within 60 days after the date set for the fair. If an association fails to comply with this section the attorney general shall institute proceedings to recover the funds.
 (b) If an association has received state capital improvement funds under this chapter and fails to expend them within five years for capital improvements designated in its long-term capital improvement plan in effect at the time of the grant, the commissioner may, after investigation, require that the unexpended funds be returned to the department.
 Sec. 03.20.080. - Definitions.
 For purposes of this chapter,
 (1) "agricultural and industrial fair" means a fair, the major focus of which is displays, exhibitions, demonstrations, contests, or promotions of agricultural or industrial concern to the region in which the fair is located, or any fair that, before July 1, 1980, has received a grant under this chapter;
 (2) "project costs for capital improvements" 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.
 Chapter 03.22. - PLANT MATERIALS CENTER
 Sec. 03.22.010. - Establishment of plant materials center.
 The Department of Natural Resources, in cooperation with the Institute of Agricultural Sciences, shall establish and maintain a plant materials center.
 Sec. 03.22.020. - Purpose of center.
 The objectives of the plant materials center, in cooperation with the Institute of Agricultural Sciences, are to
 (1) assemble, evaluate, select, and increase plant materials needed in soil and water conservation, agriculture, and industry, and maintain genetic purity of these materials;
 (2) increase promising plant materials for field scale testing;
 (3) test the promising materials in field plantings on sites that represent soil and climatic conditions not found at the center;
 (4) maintain and provide for increase of basic seed stocks of plant materials for agricultural and conservation interests;
 (5) make seed and plant materials available, for a fee if necessary, in such a manner as to avoid monopolistic control of basic stocks of these materials and encourage the development of a seed industry;
 (6) support but not duplicate activities carried on by state or federally funded research programs in the state;
 (7) prepare, publish, and disseminate a summary report on all studies as they are completed.
 Sec. 03.22.030. - Center site, buildings, and equipment.
 The department shall obtain a site, either by donation, lease, or purchase, and erect suitable buildings on the site, if they are needed for the use of the plant materials center. The department shall also acquire the agricultural land, scientific instruments, and equipment necessary to carry on the work of the center. Acquisition of scientific instruments and equipment under this section is governed by AS 36.30 (State Procurement Code).
 Sec. 03.22.040. - Personnel.
 The department shall ensure that competent professional, secretarial, and subprofessional personnel necessary to carry on the work of the center are employed. The administrator of the plant materials center is a joint appointment between the Department of Natural Resources and the University of Alaska Agricultural Experiment Station.
 Sec. 03.22.050. - Department to cooperate.
 The department shall cooperate with the Institute of Agricultural Sciences and the United States Soil Conservation Service by a formal memorandum of understanding and may cooperate with any department or agency of federal, state or local government, research organization, or other organization concerned with conservation or agriculture.
 Sec. 03.22.060. - Reports.
 The department shall annually prepare a detailed report of the operation of the center and notify the legislature that the report is available. The report must include a statement of all receipts and disbursements.
 Sec. 03.22.070. - Acceptance of assistance.
 The department may request, accept, and receive from federal, state, and nongovernment sources financial and other aid and assistance, including personnel and equipment, for the construction, equipment, maintenance, and operation of the center.
 Sec. 03.22.080. - Payments and vouchers.
 Appropriations made by the state for the construction, maintenance, and operation of the center shall be expended upon vouchers approved by the department in the manner prescribed by it.
 Chapter 03.25. - VETERINARIANS
 Sec. 03.25.010. - Commissioner authorized to employ veterinarians.
 The commissioner may either independently or in cooperation with the United States Department of the Interior or a college or a university or like institution employ veterinarians for periods found to be to the best advantage for the purpose of aid and service to the fur raising industry, and for the purpose of aid and service to those engaged in raising livestock and other domestic animals.
 Sec. 03.25.020. - Duties of veterinarians.
 Veterinarians shall
 (1) visit the fur farms of the state, study problems incidental to raising fur bearing animals, and advise those engaged in the industry in matters pertaining to the breeding and care of fur bearing animals and the prevention and cure of diseases of fur bearing animals;
 (2) prepare, publish, and distribute such data as the veterinarian, with the advice and consent of the commissioner, considers useful to those engaged in the industry;
 (3) make reports to the commissioner when required by the commissioner for transmittal to the state legislature;
 (4) initiate and carry on experiments, on or in connection with a fur farm, with relation to the care and feeding of fur bearing animals, the improvements of the breed, or the cure or prevention of any disease to which they may be subject or the extermination of the parasites by which they may be attacked, and in this connection employ and pay for the necessary assistance and rent and use of necessary facilities;
 (5) perform other duties as may be prescribed by the commissioner as are not inconsistent with the duties specifically imposed by this chapter;
 (6) study problems incidental to the raising of livestock and other domestic animals, and advise those engaged therein upon matters pertaining to the breeding, care, and the prevention and cure of diseases of livestock and other domestic animals.
 Sec. 03.25.250. - Definition.
 In this chapter, "commissioner" means the commissioner of environmental conservation.
 Chapter 03.30. - FENCES
 Sec. 03.30.010. - What constitutes legal fence [Repealed, Sec. 3 ch 55 SLA 1977].
 Repealed or Renumbered
 Sec. 03.30.020. - Duty to keep barbed wire fences in repair.
 A person having a barbed wire fence shall keep it in good repair. When a domesticated animal is killed or injured by coming in contact with a barbed wire fence which is not at the time of injury kept in substantial compliance with this section and AS 03.30.030 , the owner of the animal may recover from the owner of the fence a sum equal to the amount of damages sustained in the killing or injury to the animal.
 Sec. 03.30.030. - Fence as nuisance.
 Any wire fence so dilapidated as to be of no practical use as a fence which is a menace to livestock is a public nuisance and may be abated by a court in a proceeding instituted for that purpose.
 Sec. 03.30.040. - Liability of owner of animals damaging enclosed land or crops. [Repealed, Sec. 3 ch 55 SLA 1977].
 Repealed or Renumbered
 Sec. 03.30.050. - Impounding animals breaking into enclosed area. [Repealed, Sec. 3 ch 55 SLA 1977].
 Repealed or Renumbered
 Sec. 03.30.060. - Failure to close roadside gate used for retaining livestock.
 A person failing to close a roadside gate after opening the same is presumed to be negligent and liable for all consequent damage upon proof thereof. For the purposes of this section, a roadside gate is a contrivance located alongside or near a public or private road made for the purpose of passing through a fence which is used for or intended to be used for the retention of livestock.
 Chapter 03.35. - GRAZING DISTRICTS
 Sec. 03.35.010. - Establishment and restriction in use of controlled livestock districts.
 (a) A district judge may establish a controlled livestock district within a municipality or in other settled areas of the state, as provided in this chapter, to consist of a contiguous area of not less than 1,280 acres.
 (b) The owner and the person having custody and control of a domestic animal kept within a controlled livestock district may not with criminal negligence permit the domestic animal to graze or run at large.
 (c) Violation of (b) of this section is a class B misdemeanor.
 Sec. 03.35.020. - Petition to create, add, or abolish.
 (a) A controlled livestock district may be established upon petition of not less than 60 percent of the resident owners and lessees of the land within the area to be included in the district who own or lease 30 percent of the land described in the petition. The petition must contain a statement of its purpose, define the boundaries of the area to be included within the district, be signed by the required resident owners and lessees within the area described, and be filed with the district judge for the district within which the land is situated.
 (b) An addition to an established controlled livestock district may be made under the same procedures set out for creating the district if the addition has at least 160 acres and is contiguous to the established district.
 (c) A portion of a controlled livestock district may be eliminated or a district may be dissolved if 60 percent of the resident owners and lessees of the land within the district who own or lease 30 percent of the land within the district petition for the elimination or dissolution under the procedure set out in this section for the establishment of a controlled livestock district.
 Sec. 03.35.030. - Notice, hearing, and order.
 Upon receipt of a petition for the establishment, addition, elimination, or dissolution of a controlled livestock district, the district judge shall set a time for hearing the petition not less than 30 days after its receipt. Notice of the time and place of the hearing and its purpose shall be posted in not less than three conspicuous public places within the proposed district, including a post office, for a period of at least 30 days before the hearing. If there is no post office within the proposed district, then the notice shall be posted in two conspicuous public places in the proposed district and in the post office nearest the proposed district. If, at the hearing, the district judge finds that the petition meets the requirements established under AS 03.35.020 and that notice of the hearing has been given, the district judge shall enter an order granting the request contained within the petition. The boundaries of the district are those proposed within the petition. The district judge shall certify to the clerk of the superior court for the judicial district a copy of the findings and order. The district judge shall send a copy of the order to the commissioner.
 Sec. 03.35.035. - Identification of domestic animals within controlled livestock district.
 (a) Within 60 days of the establishment of a controlled livestock district or of the addition to an established controlled livestock district under AS 03.35.010 , the person having custody and control of domestic animals located within the district shall identify the animals under AS 03.40, use identification collars to indicate ownership, or otherwise use a reliable system for the identification of the ownership of the animal.
 (b) A person who violates (a) of this section commits a violation.
 Sec. 03.35.040. - Liability for damages; lien.
 (a) The owner of land within a controlled livestock district, whether the land is fenced or unfenced, is entitled to recover, from the owner or person having custody and control of a domestic animal, for any injury done by the animal when grazing or running at large within a controlled livestock district contrary to the provisions of this chapter, and has a lien upon the domestic animal for the amount of the damage done.
 (b) A claim for damages may not exceed $500 against any one animal for any one trespass.
 Sec. 03.35.050. - Impounding and public sale of animals running at large.
 The owner of any land within a controlled livestock district may impound a domestic animal trespassing upon that land and keep the animal until damages, together with reasonable charges for keeping and feeding it, are paid. Within 24 hours after impounding an animal, the person impounding it shall give notice in writing to the owner or claimant of the animal, if the owner is known, or, if the owner is unknown, file a notice of impounding with the district judge for the district and post a copy of the notice in a public place nearest to the enclosure of the impounded animal. If, within five days after receipt of the notice of impoundment or posting of the notice of impoundment, the owner or claimant fails to claim the animal and pay the reasonable charges for keeping and feeding it, together with damages and costs, the animal may be sold at public auction as provided in AS 03.35.055 .
 Sec. 03.35.055. - Public auction.
 (a) Before the sale of the animal at public auction, notice of the sale shall be given by the impounder by posting a written or printed notice of the time and place of sale in a public place nearest to the enclosure of the impounded animal not less than 10 days before the day of the sale. The owner or claimant of the animal may redeem the animal at any time before the sale by paying the reasonable charges for keeping and feeding the animal, together with damages and costs, to the person impounding the animal.
 (b) The impounder, or an agent, shall sell the animal at public auction to the highest bidder in the manner provided for the sale of personal property on execution.
 (c) Proceeds of the sale in excess of all reasonable charges and costs shall be paid over to the district judge for the district to be disposed of as provided in AS 34.45.070 .
 Sec. 03.35.060. - Penalty for removing impounded animal. [Repealed, Sec. 21 ch 166 SLA 1978].
 Repealed or Renumbered
 Sec. 03.35.070. - Definitions.
 As used in this chapter
 (1) "domestic animal" includes goats, sheep, cattle, horses, and swine;
 (2) "owner of land" includes a freeholder, tenant, contract vendee, or other person in actual possession of land.
 Chapter 03.40. - BRANDS AND MARKS
 Sec. 03.40.010. - Brands and marks.
 Any person owning cattle, reindeer, bison, muskox, sheep, horses, mules, or asses, may adopt a brand or mark. After recording the brand or mark as provided in AS 03.40.030 , the person has the exclusive right to its use.
 Sec. 03.40.020. - Record of ownership.
 The owner may brand or mark an animal on either side with the owner's brand or mark. The animal shall be branded or marked so that the brand or mark shows distinctly. Sheep may be marked distinctly with a mark or device to distinguish them readily when they become intermixed with other flocks of sheep owned in the state. Evidence of ownership by brand or mark may not be permitted in any court in this state unless the brand or mark is recorded as provided in AS 03.40.030 .
 Sec. 03.40.030. - Recording.
 (a) To adopt a brand or mark, a person shall forward to the commissioner of natural resources a facsimile of the brand or mark, together with a written application, and the recording fee of $2. Upon receipt, the commissioner shall record the brand or mark unless it is of record or conflicts or closely resembles that of some other person, in which case the commissioner shall return the facsimile and fee to the applicant. A brand described as being on either side of the animal may not be accepted or recorded.
 (b) The commissioner shall file all brands or marks offered for record pending examination. The commissioner shall make an examination as promptly as possible, and if the brand or mark is accepted, ownership thereof vests from the date of filing. The recording of the brand or mark gives the applicant ownership thereof until the next renewal period. A renewal period occurs every five years, beginning with January 1, 1960. At least 90 days before the expiration of each renewal period, the commissioner shall notify every owner of a recorded brand or mark of the renewal period and the owner shall pay to the commissioner a renewal fee of $1 and furnish other information as may be required. The renewal fee is due and payable on or before January 1 of the renewal year, and if an owner fails, refuses, or neglects to pay the renewal fee by March 1, of the renewal year, the brand or mark is forfeited and becomes available for issuance to another applicant.
 Sec. 03.40.040. - Copy of record; procurement; fee.
 Upon the recording of a brand or mark, the commissioner shall furnish the owner with a certified copy of the record. Additional certified copies of the record may be obtained by anyone upon the payment of $1 for each copy.
 Sec. 03.40.050. - Use without certificate prohibited.
 A person may not brand any horse, cattle, reindeer, bison, muskox, mule, or ass, unless the person using the brand holds a written certificate of acceptance from the commissioner.
 Sec. 03.40.060. - Penalty for use without certificate.
 A person who violates AS 03.40.050 is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $50 nor more than $300.
 Sec. 03.40.070. - Brand is personal property.
 A recorded brand or mark is the property of the person causing the record to be made, and is subject to sale, assignment, transfer, devise, and descent, as personal property. Instruments of writing evidencing the sale, assignment, or transfer of the brand or mark shall be recorded by the commissioner, and the fee for recording the sale, assignment, or transfer is $1. The recording of the instrument is notice to all persons of the matter recorded. Certified copies are admissible in evidence.
 Sec. 03.40.080. - Record is evidence of ownership.
 In all actions and proceedings in which the title to animals is an issue, the certified copy provided for in AS 03.40.070 is prima facie evidence of ownership of the animal by the person whose brand or mark it may be.
 Sec. 03.40.090. - Publication of record.
 The commissioner shall publish, in book form, a list of all brands and marks on record at the time of the publication. The lists may be supplemented from time to time. The publication must contain a facsimile of all recorded brands and marks, together with the owner's name and mailing address. The records shall be arranged in convenient form for reference. The books and supplements may be sold to the general public at an amount not to exceed $2 a copy.
 Sec. 03.40.100. - Penalty for branding another's livestock. [Repealed, Sec. 21 ch 166 SLA 1978. For law concerning theft, see AS 11.46.100 - 11.46.295].
 Sec. 03.40.100. Penalty for branding another's livestock. [Repealed, Sec. 21 ch 166 SLA 1978. For law concerning theft, see AS 11.46.100 - 11.46.295].
 Repealed or Renumbered
 Sec. 03.40.110. - Animals from other states.
 Any person who brings into this state for grazing purposes, any animals included in AS 03.40.010 already branded or marked, shall present to the commissioner a statement of the brands or marks of these animals. If these brands or marks conflict with any previously recorded, the owner or manager of the animals shall brand or mark them with a brand or mark that the commissioner considers a brand or mark distinguishable from all brands or marks recorded, and the owner shall be enjoined from further use of the conflicting brand or mark. Failure to comply with the provisions of this section renders the party liable for damages resulting from the failure. This section applies to all animals in this state whose brands or marks infringe on previously recorded brands or marks.
 Sec. 03.40.120. - Sale of branded livestock.
 A person may not sell or otherwise dispose of any branded livestock, or buy, purchase, or otherwise receive any branded livestock, unless the person selling or disposing of the stock gives, and the person buying, purchasing, or otherwise receiving the stock receives a bill of sale in writing. A person who violates or fails to comply with this section is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than $25 or by imprisonment for not more than six months, or by both.
 Sec. 03.40.130. - Exhibition of bill of sale by purchaser.
 A person who purchases, receives, or possesses any branded livestock, either as principal or agent, shall exhibit, on request of any person, the bill of sale of the stock. A person who violates this section is guilty of a misdemeanor and upon conviction is punishable as provided in AS 03.40.120 .
 Sec. 03.40.140. - Sale without power of attorney or bill of sale prohibited.
 A person may not sell or offer for sale or trade any branded livestock which does not have the person's recorded brand, unless the person has a bill of sale or power of attorney from the owner of the stock, authorizing the sale. The bill of sale must state the buyer's name and address, the date of transfer, the guarantee of title, the number of cattle transferred, the sex, the brand, the location of the brand, and the name and address of the seller. The signature of the seller shall be attested by at least one witness.
 Sec. 03.40.150. - Penalty for sale without power of attorney or bill of sale; proof; defenses.
 Every person violating AS 03.40.140 is guilty of a felony, unless the person upon trial establishes and proves that the person was at the time the actual owner of the stock sold or traded or offered for sale or trade, or that the person acted by the direction of one proved to be the actual owner of the stock. Every person convicted shall be imprisoned for not less than two years nor more than five years. In prosecutions for a violation of AS 03.40.140 it is not necessary to prove motive, intent, or purpose on the part of the accused, or that the accused knew that the stock were sold, traded, or offered in violation of AS 03.40.140 . The fact of selling, trading, or offering for sale or trade contrary to AS 03.40.140 , when proved, is sufficient to authorize a conviction, unless the accused by testimony explains the case made by the state in a manner consistent with good faith and an innocent purpose.
 Sec. 03.40.160. - Slaughter permit. [Repealed, Sec. 23 ch 81 SLA 1984].
 Repealed or Renumbered
 Sec. 03.40.170. - Penalty regarding slaughter permit. [Repealed, Sec. 1 ch 21 SLA 1985].
 Repealed or Renumbered
 Sec. 03.40.180. - Preservation of hide required.
 A person may not kill, for the person's own use and consumption or to offer for sale, any branded livestock without preserving the hide of the animal intact for a period of not less than 15 days. The hide shall be presented for inspection upon demand of any person.
 Sec. 03.40.190. - Inspected slaughterers exempt.
 The provisions of this chapter do not apply to packing plants in this state where the United States Department of Agriculture or the state maintains regular inspection.
 Sec. 03.40.200. - Record of branded hides.
 A person who purchases hides shall keep a record of all branded hides of meat cattle purchased which states the name of the person from whom purchased, the seller's place of residence, the date of purchase, and the mark and brand on the hides. The record shall be open for the inspection of stock growers, their agents and employees at all times.
 Sec. 03.40.210. - Penalty for violation of AS 03.40.200 .
 A person who violates the provisions of AS 03.40.200 or who wilfully neglects or refuses to do any act therein required is guilty of a misdemeanor, and upon conviction is punishable by imprisonment for a period not exceeding three months or by a fine not exceeding $100.
 Sec. 03.40.220. - Reserved brand ""S'' on left jaw.
 Sec. 03.40.220. Reserved brand ""S'' on left jaw.
 There is reserved in the office of the commissioner a cattle brand consisting of an "S" on the left jaw. This brand shall not be assigned to any person in the state, and it is unlawful for any person to use this brand except as provided in AS 03.40.230 .
 Sec. 03.40.230. - Branding of spayed heifers.
 A person, when spaying heifers, shall, upon request of the owner, brand the heifers with an "S" on the left jaw, and furnish the owner with a certificate that all heifers so branded have been properly spayed.
 Sec. 03.40.240. - Penalty regarding spayed heifers.
 A person who violates AS 03.40.230 is guilty of a misdemeanor, and upon conviction is punishable by a fine not less than $10 nor more than $100.
 Sec. 03.40.250. - Inspection of branded livestock.
 The commissioner, or an authorized agent, may, at any time, make inspections of branded livestock to ascertain and enforce compliance with this chapter.
 Sec. 03.40.260. - General penalty.
 Any person who violates any of the provisions of this chapter for which a specific penalty is not provided is guilty of a misdemeanor, and upon conviction is punishable by a fine of not less than $25 nor more than $100 for each offense.
 Sec. 03.40.270. - Definitions.
 As used in this chapter, a "brand" means an identification mark burned into the hide of a live animal.
 Chapter 03.45. - DISEASED LIVESTOCK
 Sec. 03.45.010. - Declaration of public policy.
 It is against the public policy of this state to import into the state or to own, have in one's possession, sell, transfer, transport, drive, or convey inside the state any animal diseased or infected with any of the diseases described in AS 03.45.030 .
 Sec. 03.45.020. - Importation, ownership, possession, transfer, and transportation of diseased animals prohibited.
 A person may not import into the state, own, have in one's possession, sell, transfer, transport, drive, or convey, inside the state any animal diseased or infected with any of the diseases described in AS 03.45.030.
 Sec. 03.45.030. - Conditions of importation of certain animals.
 A person may not bring into the state any horse, cattle, or swine for work, feeding, breeding, dairying, or for any other purpose unless the animal has been examined and found free from glanders, farcy, tuberculosis, actinomycosis, rinderpest, foot and mouth disease, contagious abortion, contagious keratitis, scabies, maladie du coit, swine plague, and hog cholera. Swine in addition shall have been given the serum treatment for hog cholera within two weeks before shipping, unless a permit has been obtained from the proper authorities of the state, territory, or foreign country from which the animal is shipped, or from an inspector of the Department of Agriculture of the United States assigned to the division of dairy and livestock in the state, territory, or foreign country from which the animal is shipped. A steamship or transportation company or other common carrier may not bring any animal into the state without first having had it examined, or treated, and found free from the diseases described in this section and having obtained the permit provided for in this section.
 Sec. 03.45.040. - Penalties.
 For each violation of AS 03.45.010 - 03.45.030, the shipper or party responsible for the violation is punishable by a fine of not more than $500. A consignee knowingly receiving diseased animals shipped and transported in violation of these sections is punishable by a fine of not more than $500. A carrier knowingly carrying or transporting diseased animals in violation of these sections, is punishable by a fine of not more than $500.
 Sec. 03.45.050. - Inspection, quarantine, or destruction of livestock.
 Domestic animals and poultry in the state are subject to inspection and test for all diseases, and to quarantine, slaughter, or destruction when found to be infected with or suffering from any contagious disease by an inspector of the Animal Disease Eradication Branch, United States Department of Agriculture, or by a qualified inspector authorized by the commissioner of environmental conservation to make inspections and tests of animals. Inspections and tests of animals kept for dairy purposes by dairies that offer their products to the public in the state, and inspection and tests of animals kept for private dairy purposes, provided they are readily accessible, shall be made at least once every year, if possible, and all animals not readily accessible for inspection shall be inspected before they are brought into a community where other animals used for dairy purposes are kept. The commissioner may make arrangements with the Animal Disease Eradication Branch, United States Department of Agriculture, for these inspections and tests. In the event that arrangements cannot be made with the Animal Disease Eradication Branch, the commissioner may employ inspectors. Inspections shall be carried on in cooperation with the Animal Disease Eradication Branch and in accordance with its regulations.
 Sec. 03.45.060. - Procedure for quarantine, destruction, and reimbursement.
 (a) After inspection and test, the inspector described in AS 03.45.050 shall determine whether the animal inspected is subject to quarantine, slaughter, or destruction.
 (b) If the inspector determines that the animal is subject to quarantine, the inspector shall prescribe the conditions and the length of time the animal is subject to quarantine.
 (c) If the inspector determines that the animal should be slaughtered or destroyed, the inspector may condemn and have the animal slaughtered or destroyed in the manner the inspector determines. Reimbursement may be allowed for the slaughter or destruction of dairy cattle only. In such case, the inspector and the owner shall appraise the dairy cattle at a fair valuation without regard to the disease. Where they cannot agree as to the value of the animal, the owner and inspector may select a disinterested third party to aid in the appraisement. Where they cannot agree on the selection of a third party, a peace officer in the judicial district where the inspection is made may designate a third disinterested party to act with the inspector and owner to determine the value of the animal. The amount realized from the sale of the carcass of the slaughtered animal shall be paid to the owner of the animal and the inspector shall certify to the commissioner of environmental conservation the name and address of the owner, the date the animal was condemned, the appraised value of the animal, together with the net sum realized from the salvage thereof, or which could have been realized.
 Sec. 03.45.070. - Compensation to owners of dairy cattle destroyed; records to be kept.
 The commissioner of environmental conservation may enter into cooperative agreements with the United States Department of Agriculture for controlling diseases among dairy cattle and may match federal indemnity payments for livestock slaughtered thereunder, from any funds available. The commissioner shall keep a record of all payments made, with a copy of the inspector's certification of appraised value and salvage value.
 Sec. 03.45.080. - Record and payment of value of destroyed dairy cattle.
 The Department of Administration shall keep a record of the appraised value of all dairy cattle slaughtered or destroyed and of the salvage value thereof, stating the date when the animal was slaughtered or destroyed and the name of the inspector who ordered the animal slaughtered or destroyed. The Department of Administration, with the approval of the Department of Environmental Conservation, shall pay the owner of the animal slaughtered or destroyed two-thirds of the difference between the appraised value and the salvage value of the animal slaughtered or destroyed. The appraised valuation of each slaughtered animal may not exceed $175 in the first judicial district and not more than $200 in the second and third judicial districts and not more than $250 in the fourth judicial district. Payment may not be made if at the time of inspection, test, or destruction, the animal was upon the premises of any person to which it had been sold, shipped, or delivered for the purpose of being slaughtered. Payment may not be made unless the owner has complied with all lawful quarantine regulations.
 Chapter 03.47. - BEES AND BEEKEEPING EQUIPMENT
 Sec. 03.47.010. - Importation.
 The importation into the state of bees on bee combs and used beekeeping equipment is prohibited. Section comb honey for human consumption may be imported into the state.
 Sec. 03.47.020. - Importation of bees.
 All bees imported into the state shall be accompanied by a health certificate that states that the bees come from an apiary apparently free of bee diseases and that is signed by an apiary inspector determined to be qualified by the division.
 Sec. 03.47.030. - Duties of the division.
 (a) The division shall investigate reported cases of diseased bees and cases of diseased bees discovered by the division.
 (b) The division shall take action necessary to prevent the spread of bee diseases. Bees or used beekeeping equipment found to contain the causative organisms of American foulbrood (Bacillus larvae) or European foulbrood (Streptococcus pluton) shall be immediately quarantined and treated within five days by
 (1) chamber fumigation using ethylene oxide or other gases approved by the division;
 (2) sterilization by boiling in lyewater for at least 15 minutes; or
 (3) destruction of bees, bee combs, and frames by burning followed by burying 18 inches deep.
 (c) Notwithstanding (b) of this section, hive boxes, top and bottom boards found to contain the causative organisms of American foulbrood (Bacillus larvae) or European foulbrood (Streptococcus pluton) may be salvaged by scorching inside surfaces and edges using a flame to produce a light brown charring of the wood unless the boxes, top and bottom boards are in poor condition due to weathering, rotting, or ant tunneling.
 (d) A quarantine imposed under this section may not be removed until infected bees and used beekeeping equipment are destroyed or the division determines through testing that the used beekeeping equipment is free of the disease.
 (e) The division shall adopt regulations necessary to carry out the purposes of this chapter.
 Sec. 03.47.035. - Penalty.
 A person who violates this chapter or a regulation adopted under this chapter is guilty of a class B misdemeanor.
 Sec. 03.47.040. - Definitions.
 In this chapter
 (1) "bees" means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae, and other immature stages of the insects;
 (2) "division" means the division of agriculture, Department of Natural Resources;
 (3) "used beekeeping equipment" means equipment that has been used to feed or house bees, including hive boxes, frames, pollen traps, queen excluders, inner covers, supers, tops, bottom boards, slatted racks, and bee combs, or other wooden or plastic beehive parts that have been in contact with honeybees.
 Chapter 03.50. - ESTRAYS
 Chapter 03.53. - TRANSPORTATION OF ANIMALS
 Sec. 03.53.010. - Transportation of animals on state ferries: Health certificates.
 (a) An animal may not be transported into the state aboard a ferry operated by the division of marine transportation of the Department of Transportation and Public Facilities unless the animal's owner, custodian, or attendant possesses a valid health certificate for the animal. This certificate shall accompany the animal or be in the possession of the animal's owner, custodian, or attendant aboard the ferry and shall be presented when requested by an employee of the state ferry system at the time the owner, custodian, or attendant makes arrangements to transport the animal, boards the ferry with the animal, or at any other time.
 (b) The following persons are authorized to enforce the provisions of this section:
 (1) the commissioner of environmental conservation;
 (2) a state employee authorized by the commissioner of environmental conservation.
 (c) For the purpose of this section, "health certificate" means a legible certificate executed on an official form of the state or province of origin by a licensed accredited veterinarian certifying that the animal is free from evidence of infectious or contagious diseases, including but not limited to rabies, and recording any required tests, vaccinations, or immunizations, including but not limited to vaccination or immunization against rabies. A health certificate is valid for a period of 30 days from the date of issuance.
 Chapter 03.55. - DOGS
 Sec. 03.55.010. - Killing of vicious or mad dog authorized.
 Any person may lawfully kill any vicious or mad dog running at large.
 Sec. 03.55.020. - Dogs deemed vicious.
 Any dog which when unprovoked has ever bitten or attacked a human being is considered vicious within the meaning of AS 03.55.010 .
 Sec. 03.55.030. - Killing dogs annoying or evincing tendency to bite animals or fowls.
 Whenever any dog habitually annoys any wild deer, reindeer, sheep, cattle, horse, or other animal or bird either domestic or wild, or evinces a disposition which makes it likely that it will without provocation bite an animal or fowl, any person may lawfully kill the dog, when at large. The owner or keeper of the dog, if known or reasonably identifiable, shall be notified and given reasonable opportunity to restrain the dog before it is lawful to kill it. Persons authorized to enforce AS 16.05 (Alaska Fish and Game Code) and peace officers may enforce this section.
 Sec. 03.55.040. - 03.55.060 - Dog control by governmental units. [Repealed, Sec. 9 ch 109 SLA 1966].
 Repealed or Renumbered
 Sec. 03.55.070. - Power of village council to control dogs.
 (a) A village council duly elected by residents of an unincorporated village not within an organized borough may destroy loose dogs in the village and may otherwise control dogs to the extent authorized first class cities.
 (b) The council may impose and enforce the provisions of a dog control ordinance in the total area within 20 miles of the village. The ordinance must generally describe the area in which it is imposed. If two villages having dog control ordinances lie within 40 miles of each other, the jurisdiction of each village terminates at a point midway between them.
 Chapter 03.57. - VEGETABLES OF ALASKA ORIGIN
 Chapter 03.58. - SALE OF ORGANIC FOODS
 Sec. 03.58.010. - Prohibition.
 (a) A person may not sell or offer for sale food represented as organic food if the person knows or has reason to know that the food has been grown, raised, or produced with the use of
 (1) a fertilizer, except for manure and other natural fertilizers;
 (2) a manufactured pesticide, hormone, antibiotic, or growth stimulant, except for Bacillus thuringensis and other natural pesticides;
 (3) a substance listed by the department under AS 03.58.050 that is similar to a substance that is restricted with regard to organic food under (1) or (2) of this subsection.
 (b) In (a) of this section, "with the use of" means
 (1) applied to the food before a retail sale;
 (2) fed to the animal producing the food;
 (3) unless the substance applied is a pesticide, applied to the soil or other growing medium within one year before seed planting or transplanting, or, if the crops are perennial, before the appearance of the flower bud; or
 (4) in the case of pesticides, applied to the soil or other growing medium within two years before seed planting or transplanting, or, if the crops are perennial, before the appearance of the flower bud.
 Sec. 03.58.020. - Disclosure.
 (a) Except as provided in (b) of this section, a person may not sell food represented as organic food unless the name and address of the producer of the food are displayed with the food. If the food is not displayed at the purchase site, a written statement with the name and address of the producer must be given to the purchaser unless the name and address are identified on a package containing the purchased food. This subsection does not apply to a sale for consumption on the premises.
 (b) Advertising for the mail order sale of food represented as organic food must include the name and address of the producer of the food.
 Sec. 03.58.030. - Sworn statement of compliance.
 (a) A producer may not sell to a vendor food represented as organic food unless before the sale the producer provides the vendor with a sworn statement that the producer has grown, raised, or otherwise produced the food in compliance with AS 03.58.010 . If a producer sells the food to the same vendor more than one time during a calendar year, one statement for the calendar year is sufficient to comply with this section.
 (b) In this section, "vendor" means a person who sells food represented as organic food to another person for resale or to a consumer.
 Sec. 03.58.040. - Records.
 A person who sells food represented as organic food shall maintain the records relating to this chapter that the department reasonably requires and shall furnish them to the department when requested by the department.
 Sec. 03.58.050. - Regulations.
 The department may adopt regulations under AS 44.62 (Administrative Procedure Act), including a regulation that lists and periodically updates substances under AS 03.58.010 (a).
 Sec. 03.58.060. - Enforcement.
 (a) If the department determines that a person is violating a provision of this chapter, or a regulation adopted under this chapter, the department shall order the person to stop the violation and to refrain from future violations.
 (b) If a person violates this chapter, a regulation adopted under this chapter, or an order issued under (a) of this section, the person is
 (1) liable to the state for a civil fine that does not exceed the total of $1,000 plus the state's estimated costs of investigating and taking appropriate administrative and enforcement actions for the violation;
 (2) liable to the state for an additional civil penalty of three times the value of the product knowingly sold in violation of this chapter.
 (c) The provisions of this section are in addition to the remedies available under AS 45.50.471 - 45.50.561.
 Sec. 03.58.070. - Definitions.
 In this chapter,
 (1) "department" means the Department of Natural Resources;
 (2) "food represented as organic food" means food, when the food is not meat, fish, poultry, or processed, that is marketed using the term "organic" or a derivative of that term in the labeling or advertising;
 (3) "producer" means a person who grows, raises, or produces food.
 Chapter 03.60. - GENERAL PROVISIONS
 Sec. 03.60.005. - Use of decompression chamber prohibited. [Repealed, Sec. 2 ch 59 SLA 1982].
 Repealed or Renumbered
 Sec. 03.60.010. - ""Department'' and ""commissioner'' defined.
 Sec. 03.60.010. ""Department'' and ""commissioner'' defined.
 In this title, unless otherwise indicated,
 (1) "commissioner" means the commissioner of natural resources;
 (2) "department" means the Department of Natural Resources.
 Title 04 - ALCOHOLIC BEVERAGES
 Chapter 04.05. - THE ALCOHOLIC BEVERAGE CONTROL BOARD
 Chapter 04.06. - ALCOHOLIC BEVERAGE CONTROL BOARD
 Sec. 04.06.010. - Establishment of board.
 The Alcoholic Beverage Control Board is established as a regulatory and quasi-judicial agency. The board is in the Department of Revenue, but for administrative purposes only.
 Sec. 04.06.020. - Appointment and qualifications.
 The board consists of five members appointed by the governor and confirmed by a majority of the members of the legislature in joint session. A member of the board may not hold any other state or federal office, either elective or appointive. Two members of the board shall be persons actively engaged in the alcoholic beverage industry, except that no member may hold a wholesale license or be an officer, agent, or employee of a wholesale alcoholic beverage enterprise. No three members of the board may be engaged in the same business, occupation, or profession. At least three members of the board shall represent the general public. A board member representing the general public or an immediate family member of a board member representing the general public may not have any financial interest in the alcoholic beverage industry. In this section, "immediate family member" means a spouse, child, or parent.
 Sec. 04.06.030. - Terms of office; chair.
 (a) Members of the board shall be appointed for overlapping terms of three years.
 (b) A vacancy occurring in the membership of the board shall be filled within 30 days by appointment of the governor for the unexpired portion of the vacated term.
 (c) The board shall select a chairman from among its members.
 Sec. 04.06.040. - Per diem and expenses.
 Members of the board do not receive a salary, but are entitled to per diem and travel expenses authorized by law for other boards and commissions.
 Sec. 04.06.050. - Meetings.
 The board shall meet at the call of the chairman. The board shall also meet at least once each year in each judicial district of the state to study this title and to modify existing board regulations in light of statewide and local problems.
 Sec. 04.06.060. - Quorum and majority.
 Three members of the board constitute a quorum for the conduct of business, except that a majority of the whole membership of the board must approve all applications for new licenses, and all renewals, transfers, suspensions, and revocations of existing licenses. If a majority of the board is present and voting, the director, with the consent of the members present, may cast a tie-breaking vote.
 Sec. 04.06.070. - Appointment and removal of director.
 The governor shall appoint a director to serve as the executive officer of the board. The board may remove the director at its pleasure, and the governor may remove the director for misconduct, misfeasance, or malfeasance in office. The governor may not remove the director unless the director is given a copy of the charges and afforded an opportunity to be publicly heard, in person or by counsel, in defense against the charges upon at least 10 days' notice. If the director is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the director and the findings based on the charges, together with a complete record of any hearing.
 Sec. 04.06.075. - Authority of director.
 The director shall enforce this title and regulations adopted by the board.
 Sec. 04.06.080. - Delegation of authority.
 The director shall issue, renew, transfer, suspend, or revoke all licenses and permits at the direction of the board. However, notwithstanding AS 04.11.070 , the board may delegate authority to the director to temporarily grant or deny the issuance, renewal, or transfer of licenses and permits. The director's temporary grant or denial of the issuance, renewal, or transfer of a license or permit is not binding on the board. The board may delegate to the director any duty imposed by this title except its power to propose and adopt regulations.
 Sec. 04.06.090. - Powers and duties.
 (a) The board shall control the manufacture, barter, possession, and sale of alcoholic beverages in the state. The board is vested with the powers, duties, and responsibilities necessary for the control of alcoholic beverages, including the power to propose and adopt regulations and to hear appeals from actions of the director, and from actions of officers and employees charged with enforcing the alcoholic beverage control laws and the regulations of the board.
 (b) The board shall review all applications for licenses made under this title and may order the director to issue, renew, revoke, transfer, or suspend licenses and permits authorized under this title.
 (c) When considering an application, the board may reduce the area to be designated the licensed premises below the area applied for when, in the judgment of the board, a reduction in area is necessary to ensure control over the sale and consumption of alcoholic beverages on the premises or is otherwise in the best interests of the public.
 (d) The board may employ, directly or through contracts with other departments and agencies of the state, enforcement agents and staff it considers necessary to carry out the purposes of this title. The salaries of personnel of the board in the exempt service shall be set by the Department of Administration.
 (e) The board shall promptly notify all licensees and municipalities of major changes to this title and to regulations adopted under this title. However, if changes only affect specific classifications of licenses and permits, the board need only notify those licensees and municipalities directly affected by the changes. Current copies of this title and current copies of the regulations adopted under it shall be made available at all offices of the Department of Revenue and the detachment headquarters and posts maintained by the division of Alaska state troopers, Department of Public Safety, in the state.
 Sec. 04.06.100. - Regulations.
 (a) The board shall adopt regulations governing the manufacture, barter, sale, consumption, and possession of alcoholic beverages in the state that are consistent with this title and necessary to carry out the purpose of this title in a manner that will protect the public health, safety, and welfare. The regulations shall be adopted in accordance with AS 44.62 (Administrative Procedure Act).
 (b) The subjects covered by regulations adopted under (a) of this section may include, but are not limited to, the following matters:
 (1) employment, conduct, and duties of the director and of regular and contractual employees of the board;
 (2) procedures for the issuance, denial, renewal, transfer, revocation, and suspension of licenses and permits;
 (3) terms and conditions of licenses and permits issued;
 (4) fees for licenses and permits issued for which no fees are prescribed by statute;
 (5) conduct of regular and special meetings of the board;
 (6) delegation to the director of routine administrative functions and powers;
 (7) the temporary granting or denial of issuance, transfer, and renewal of licenses;
 (8) manner of giving any notice required by law or regulation when not provided for by statute;
 (9) requirements relating to the qualifications of licensees, the conditions upon which a license may be issued, the accommodations of licensed premises, and board inspection of those premises;
 (10) making of reports by wholesalers;
 (11) purchase of fidelity bonds by the state for the director and the employees of the board;
 (12) prohibition of possession of alcoholic beverages by drunken persons and by minors;
 (13) required reports from corporations licensed under this title, including reports of stock ownership and transfers and changes of officers and directors;
 (14) creation of classifications of licenses or permits not provided for in this title;
 (15) establishment and collection of fees to be paid on application for a license or permit;
 (16) required reports from partnerships and limited partnerships licensed under this title, including reports of transferred interests of 10 percent or more.
 Sec. 04.06.110. - Peace officer powers.
 The director and the persons employed for the administration and enforcement of this title may, with the concurrence of the commissioner of public safety, exercise the powers of peace officers when those powers are specifically granted by the board. Powers granted by the board under this section may be exercised only when necessary for the enforcement of the criminally punishable provisions of this title, regulations of the board, and other criminally punishable laws and regulations governing the manufacture, barter, sale, consumption, and possession of alcoholic beverages in the state.
 Chapter 04.10. - LICENSING
 Chapter 04.11. - LICENSING
 Sec. 04.11.010. - License or permit required.
 (a) Except as provided in AS 04.11.020 , a person may not manufacture, sell, offer for sale, possess for sale or barter, traffic in, or barter an alcoholic beverage unless under license or permit issued under this title.
 (b) Except as provided in this subsection, a person may not solicit or receive orders for the delivery of an alcoholic beverage in an area that has adopted a local option under AS 04.11.491 . If the area has adopted a local option under AS 04.11.491 (a)(1), (2), or (3), or (b)(1) or (2), a package store licensee outside of that local option area may receive orders as provided under AS 04.11.150 but may not solicit in that area or receive orders through an agent or employee in that area. This subsection does not apply to a package store licensee who operates a package store in an area that has adopted a local option under AS 04.11.491(a)(2)(C) or (3)(C) or (b)(2)(C). A person who violates this subsection is punishable upon conviction as provided under AS 04.16.200(a) or (b).
 (c) In a criminal prosecution for possession of alcoholic beverages for sale in violation of (a) of this section, the fact that a person possessed more than 12 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages in an area where the sale of alcoholic beverages is restricted or prohibited under AS 04.11.491 creates a presumption that the person possessed the alcoholic beverages for sale.
 Sec. 04.11.015. - Purchase from nonlicensee prohibited.
 (a) A person may not purchase alcoholic beverages from a person who is not a licensee, permittee, or an agent or employee of a licensee or permittee.
 (b) A person who violates this section is guilty of a violation.
 Sec. 04.11.020. - Exceptions: License or permit not required.
 (a) A license or permit is not required to authorize sales made by a person under a judgment and decree of foreclosure, under the bankruptcy law of the United States, or under order of the board or a court under AS 04.16.220 .
 (b) A license or permit is not required to serve alcoholic beverages in exchange for valuable contributions at a private gathering of a bona fide group of co-workers or of a professional, social, or fraternal organization if equal contributions are made by all in attendance and only the amount required to purchase the alcoholic beverages is contributed. All other applicable provisions of this title and regulations under this title shall be observed at these private gatherings.
 Sec. 04.11.030. - Death of licensee.
 (a) The executor or administrator of the estate of a person who was operating a business as a sole licensee under a license authorized by this title may continue to operate the licensed business until an application for transfer of a license to another person is approved or until the license is forfeited under (b) of this section.
 (b) If an application for the transfer of ownership of a license from a deceased licensee is not made within 90 days of the death of the licensee or within an additional 90 days if an application for transfer of ownership made by the executor is denied, or no petition is made to the board for an extension of time under (c) of this section within the time, the license is forfeited.
 (c) The board may extend the time limits in (b) of this section on petition of the executor or administrator.
 (d) This section does not authorize the transfer of a liquor license by an administrator or executor to the estate of a decedent.
 (e) The board may transfer a license to an executor or administrator only in the executor's or administrator's individual capacity.
 Sec. 04.11.040. - Board approval of transfers.
 (a) A license issued under this title may not be transferred to another person except with the written consent of the board.
 (b) A license or permit issued under this title may not be transferred to a new location except with the written consent of the board.
 (c) A person may not receive or transfer controlling interest in a liquor license issued to a partnership, including a limited partnership, or a corporation under this title except with the written consent of the board.
 Sec. 04.11.050. - Reports required of corporations.
 (a) A corporation issued a license under this title shall report to the board when 10 percent or more of its corporate stock is transferred and shall also report any change in its corporate officers or in the membership of its board of directors.
 (b) The report to the board shall be made in writing in duplicate and shall be sent within 10 days after the transfer of the stock or the change in officers or directors.
 (c) This section does not apply to a corporation whose stock is listed on a stock exchange, a corporation that is required by law to file periodic reports with the United States Securities Exchange Commission, or to a bank, trust company, financial institution, or title company to which a license is issued in a fiduciary capacity.
 Sec. 04.11.055. - Reports required of partnerships.
 (a) A partnership, including a limited partnership, issued a license under this title shall report to the board when a partnership interest of 10 percent or more is transferred and shall report a change of general partners.
 (b) The report to the board shall be made in writing in duplicate and shall be sent within 10 days after the change in interest or change of general partners.
 Sec. 04.11.060. - Nonresident distiller, brewer, winery, or wholesaler.
 A distiller, brewer, winery or wholesaler whose plant or principal place of business is outside the state may not sell products directly to licensees in the state without
 (1) obtaining a general wholesale license under AS 04.11.160 (a) for each wholesale distributing point in the state;
 (2) appointing an agent upon whom process can be served; and
 (3) obtaining other applicable licenses under the provisions of this title.
 Sec. 04.11.070. - Power limited to the board.
 Only the board may issue, renew, transfer, relocate, suspend, or revoke a license under this title.
 Sec. 04.11.080. - Types of licenses and permits.
 Licenses and permits issued under this title are as follows:
 (1) beverage dispensary license;
 (2) duplicate beverage dispensary license for additional rooms;
 (3) restaurant or eating place license;
 (4) club license;
 (5) bottling works license;
 (6) brewery license;
 (7) package store license;
 (8) general wholesale license;
 (9) wholesale malt beverage and wine license;
 (10) distillery license;
 (11) common carrier dispensary license;
 (12) retail stock sale license;
 (13) recreational site license;
 (14) pub license;
 (15) winery license;
 (16) caterer's permit;
 (17) special events permit;
 (18) conditional contractor's permit;
 (19) brewpub license;
 (20) golf course license.
 Sec. 04.11.090. - Beverage dispensary license.
 (a) A beverage dispensary license authorizes the holder to sell or serve on the licensed premises alcoholic beverages for consumption on the licensed premises only.
 (b) The biennial beverage dispensary license fee is $2,500.
 (c) [Repealed, Sec. 69 ch 101 SLA 1995].
 (d) The area designated as the licensed premises under a beverage dispensary license issued to a hotel, motel, resort, or similar business that caters to the traveling public as a substantial part of its business may include the dining room, banquet room, guests' rooms, and other public areas approved by the board.
 (e) A holder of a beverage dispensary license may not maintain upon the licensed premises more than one room in which there is regularly maintained a fixed counter or service bar at which alcoholic beverages are sold or served to members of the public for consumption unless the licensee is issued by the board, after investigation, a duplicate of the original license for each of the rooms. The holder of the beverage dispensary license shall pay to the board with each application for a duplicate license an amount equal to the fee payable for the original beverage dispensary license under (b) of this section. If the licensed premises are located within a municipality, a duplicate beverage dispensary license may not be issued unless approved by the council or assembly, as appropriate.
 (f) The area designated as the licensed premises under a beverage dispensary license issued to a bowling alley may include the concourse or lane areas of the bowling alley. Notwithstanding AS 04.16.049 , the board may, upon application, authorize access by persons under 21 years of age to the concourse or lane areas designated part of the bowling alley's licensed premises during hours when no alcoholic beverages are being sold, served, or consumed.
 (g) A holder of a beverage dispensary license issued to a hotel, motel, resort, or similar business that caters to the traveling public may stock alcoholic beverages in guest rooms, for sale and consumption in the guest room only, if authorized by the board. Alcoholic beverages stocked under this subsection shall be stocked by an employee who is 21 years of age or older, may not be supplied or resupplied during hours that the sale of alcoholic beverages is prohibited as provided under AS 04.16.010(a) and (d), and shall be stored in a refrigerated unit using a key or combination lock system within the guest room. A key lock system shall be designed to prevent the removal of the key unless the refrigerated unit is locked. Except for the licensee, or an agent or employee of the licensee, a key or combination enabling a person to obtain alcoholic beverages stocked in a guest room may only be provided to a guest who occupies the room and who is 21 years of age or older. The board shall issue a permit to each licensee authorized to stock alcoholic beverages under this subsection and may by regulation impose an administrative fee for the cost of issuing the permit.
 Sec. 04.11.100. - Restaurant or eating place license.
 (a) A restaurant or eating place license authorizes a restaurant or eating place to sell beer and wine for consumption only on the licensed premises.
 (b) A license may be issued under this section only if the board determines that the premises to be licensed are a bona fide restaurant or eating place.
 (c) A license may be issued under this section only if the sale and service of food and alcoholic beverages and any other business conducted on the licensed premises of the restaurant or eating place is under the sole control of the licensee.
 (d) The biennial fee for a restaurant or eating place license is $600.
 (e) A license may be renewed under this section only if the licensee provides evidence to the board's satisfaction that gross receipts from the sale of food upon the licensed premises constitute no less than 50 percent of the gross receipts of the licensed premises for each of the two preceding calendar years.
 (f) Notwithstanding the provisions of (b) of this section, upon written application and approval of the local governing body, the board may renew a restaurant or eating place license and exempt the licensee from the requirements of (b) of this section if the license was issued under the provisions of this subsection before October 1, 1996. The board may not
 (1) renew a license as provided under this subsection if
 (A) the renewal would result in more than one exempt restaurant or eating place license for every 10 restaurant or eating place licenses allowed under the provisions of AS 04.11.400 (a)(2) or (3);
 (B) the premises would be located in a building having a public entrance within 200 feet of the boundary line of a school or a church building in which religious services are being regularly conducted; for purposes of this subparagraph, the 200-foot prohibition is measured from the outer boundary line of the school or the public entrance of the church building by the shortest pedestrian route to the nearest public entrance of the restaurant or eating place; or
 (2) transfer an exempt license issued under this subsection to another person.
 (g) A restaurant or eating place licensee
 (1) operating under a license issued under (f) of this section shall offer a full-service menu of food items available to the public during all times that beer or wine is served or consumed; the menu must be approved by the board;
 (2) may only provide entertainment on the licensed premises between the hours of 3:00 p.m. and 11:00 p.m. unless approved by the director after written request by the licensee for a specific occasion; in this paragraph, "entertainment" includes dancing, karaoke, live performances, or similar activities, but does not include recorded or broadcast performances without live participation.
 Sec. 04.11.110. - Club license.
 (a) A club license authorizes a club or organization to sell alcoholic beverages for consumption only on the licensed premises.
 (b) A club license may only be issued to a club, fraternal organization, patriotic organization, or social organization that has been (1) chartered by a state or national organization for a period of two consecutive years before application for a license under this section; or (2) chartered by a national organization and the national organization has maintained a chartered club or organization within the state for a period of at least 20 years. The organization licensed under this section must be operated for social, recreational, political, benevolent, or athletic purposes and not for profit. A club license may only be issued to an organization if none of the income from the sale of alcoholic beverages is distributed to its members, directors, or officers. Soliciting of public patronage of the club premises except as approved by the board is a violation of this section.
 (c) The biennial club license fee is $1,200.
 (d) Alcoholic beverages sold under a club license may be purchased only by (1) members of the club and their families, (2) widows or widowers of deceased members who have been accorded club privileges, and (3) military personnel on active duty who are extended the privilege by patriotic organizations upon special occasions. Alcoholic beverages may be purchased only in the portion of the club rooms that are part of the licensed premises.
 (e) Guests who enter the club premises on the invitation of a member and in the company of the member may be served but not sold alcoholic beverages. A guest must leave the premises immediately upon the departure of the member who extended the invitation to enter.
 (f) Alcoholic beverages purchased by a club or organization licensed under this section may not be used or consumed off the licensed premises of the club or organization by any person, including club members and employees unless used or consumed at social, recreational, benevolent, or athletic functions of the club or organization and the use or consumption is approved by the board.
 (g) Notwithstanding AS 04.16.049 , the board may authorize access by persons under 21 years of age to a club's licensed premises during hours when no alcoholic beverages are sold, served, or consumed.
 (h) In this section, "member" means a holder of paid-up membership entitling the holder to all voting rights and privileges of membership under the constitution or bylaws of the club or organization.
 Sec. 04.11.115. - Golf course license.
 (a) A golf course license authorizes the licensee to sell beer and wine on licensed premises located on a golf course.
 (b) A license may be issued only if
 (1) an application is approved by the local governing body and the board;
 (2) the applicant does not hold a beverage dispensary license or a restaurant or eating place license; this paragraph does not apply to an applicant who holds a beverage dispensary license or a restaurant or eating place license if the license was acquired by transfer from a licensee under AS 04.11.280 .
 (c) The biennial license fee is $400. The license fee and application fee must accompany the application for the license. An application must include a drawing of the golf course. A sample minimum food menu must accompany the application.
 (d) Food similar to that listed in the sample menu must be available during times when beer and wine are sold, served, and consumed on the licensed premises.
 (e) A golf course license may not be transferred or relocated.
 (f) In this section,
 (1) "golf course" means a course, having at least nine holes and covering at least 2,950 yards, that is open to the public; and
 (2) "licensed premises" includes buildings located on the golf course or a vending cart designed to carry beverages or food located on the golf course.
 Sec. 04.11.120. - Bottling works license.
 (a) A bottling works license authorizes the holder to operate a bottling works where beer and wine may be bottled and sold.
 (b) A sale under a bottling works license may be made only to a person licensed under this title and only in quantities of more than five gallons.
 (c) The biennial bottling works license fee is $500.
 Sec. 04.11.130. - Brewery license.
 (a) A brewery license authorizes the holder to operate a brewery where beer is manufactured and bottled or barreled for sale.
 (b) The holder of a brewery license may sell beer in quantities of
 (1) less than five gallons to an individual who is present on the licensed premises;
 (2) more than five gallons to a person who is licensed under this title, or in another state or country.
 (c) The holder of a brewery license may permit a person to sample small portions of the brewery's product free of charge unless prohibited by AS 04.16.030 .
 (d) The biennial brewery license fee is $1,000.
 Sec. 04.11.135. - Brewpub license.
 (a) A brewpub license authorizes the holder of a beverage dispensary license to
 (1) manufacture on premises licensed under the beverage dispensary license not more than 75,000 gallons of beer in a calendar year;
 (2) sell beer manufactured on premises licensed under the beverage dispensary license for consumption only on the licensed premises;
 (3) sell beer manufactured on the premises licensed under the beverage dispensary license in quantities of not more than five gallons per day to an individual who is present on the licensed premises; and
 (4) provide a small sample of the brewpub's beer manufactured on the premises free of charge unless prohibited by AS 04.16.030 .
 (b) Except as provided under AS 04.11.360 (10), the brewpub license is not transferable, shall remain the property of the state, and is not subject to any form of alienation.
 (c) The biennial brewpub license fee is $500.
 Sec. 04.11.140. - Winery license.
 (a) A winery license authorizes the holder to operate a winery where wine is manufactured and bottled or barreled for sale.
 (b) The holder of a winery license may sell wine in quantities of
 (1) less than five gallons to an individual who is present on the licensed premises;
 (2) more than five gallons to a person who is licensed under this title, or in another state or country.
 (c) The holder of a winery license may permit a person to sample small portions of the wine free of charge unless prohibited by AS 04.16.030 .
 (d) The biennial winery license fee is $500.
 Sec. 04.11.150. - Package store license.
 (a) Except as provided under (g) of this section, a package store license authorizes the licensee to sell alcoholic beverages to a person present on the licensed premises or to a person known to the licensee who makes a written solicitation to that licensee for shipment. A licensee, agent, or employee may only ship alcoholic beverages to the purchaser. Before commencing the practice of shipping alcoholic beverages, and with each subsequent application to renew the license, a licensee shall notify the board in writing of the licensee's intention to ship alcoholic beverages in response to a written solicitation. The package store licensee, agent, or employee shall include written information on fetal alcohol syndrome and fetal alcohol effects resulting from a woman consuming alcohol during pregnancy in a shipment of alcoholic beverages sold in response to a written solicitation.
 (b) The biennial package store license fee is $1,500.
 (c) The holder of a package store license may not sell alcoholic beverages unless any stamps required to be affixed to the package by state or federal law are intact on the packages.
 (d) The consumption of alcoholic beverages on premises licensed under this section is prohibited.
 (e) The business premises occupied by a holder of a package store license may not be connected by a door, opening, or other means of passage intended for the access of the general public to an adjacent retail business not licensed under this title, unless approved by the board.
 (f) When the holder of a package store license is also a holder of a beverage dispensary license and the package store premises are contained within or are adjacent to the premises of the beverage dispensary and the only public entrance to the package store is by a door or other means within the premises of the beverage dispensary, the board shall determine if additional entrances to the package store are necessary for enforcement purposes, to meet health and fire safety standards, or for the convenience of the public.
 (g) If a shipment is to an area that has restricted the sale of alcoholic beverages under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2), a package store licensee, agent, or employee may not ship to a purchaser more than 12 liters of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages in a calendar month.
 (h) A package store licensee, agent, or employee may not divide or combine shipments of alcoholic beverages so as to circumvent the limitation imposed under (g) of this section.
 (i) "Business premises" means that part of the licensed premises to which the public has access.
 Sec. 04.11.160. - Wholesale licenses.
 (a) A general wholesale license authorizes the holder to sell alcoholic beverages in the original package, and wine in bulk, in quantities of not less than five gallons. A holder of a general wholesale license may not sell to a person not licensed under this title, except as provided in AS 04.21.040 . A holder of a general wholesale license may not sell alcoholic beverages unless any stamps required to be affixed to the package by state or federal law are intact on the package. A wholesaler must obtain a general wholesale license for each distributing point. The biennial general wholesale license fee is $2,000, payable at the time of making an original application or an application for renewal. In addition, the following annual fees shall be paid by a holder of a general wholesale license:
 Total Business Transacted During Calendar Year Annual Fee
 over $100,000 and not over $150,000 ........................ $ 500
 over $150,000 and not over $200,000 ........................ $ 1,000
 over $200,000 and not over $250,000 ........................ $ 1,500
 over $250,000 and not over $300,000 ........................ $ 2,000
 over $300,000 and not over $350,000 ........................ $ 2,500
 over $350,000 and not over $400,000 ........................ $ 3,000
 over $400,000 and not over $500,000 ........................ $ 4,000
 over $500,000 and not over $600,000 ........................ $ 5,000
 over $600,000 and not over $700,000 ........................ $ 6,000
 over $700,000 and not over $800,000 ........................ $ 7,000
 over $800,000 and not over $1,000,000 ...................... $ 9,000
 over $1,000,000 ........................................... $ 10,000
 (b) A wholesale malt beverage and wine license authorizes the holder to sell malt beverages and wine in the original packages in quantities of not less than five gallons. The holder of a wholesale malt beverage and wine license may not sell to a person not licensed under this title except as provided in AS 04.21.040 . The biennial wholesale malt beverage and wine license fee is $400, payable at the time of making an original application or application for renewal. In addition, the following annual fees shall be paid by a holder of a wholesale malt beverage and wine license:
 Total Business Transacted During Calendar Year Annual Fee
 over $20,000 and not over $50,000 .................... $ 300
 over $50,000 and not over $100,000 ................... $ 1,000
 over $100,000 and not over $150,000 .................. $ 1,500
 over $150,000 and not over $200,000 .................. $ 2,000
 over $200,000 and not over $400,000 .................. $ 4,000
 over $400,000 and not over $600,000 .................. $ 6,000
 over $600,000 and not over $800,000 .................. $ 8,000
 over $800,000 ........................................ $ 10,000
 (c) No later than February 28 of each year, the licensee shall file with the board an affidavit showing the total business transacted during the preceding calendar year under the license and the location of the licensed premises at which the business was transacted. At the time of filing the affidavit, the licensee shall pay the additional annual fees accrued under (a) and (b) of this section during the preceding calendar year.
 (d) Failure to file an affidavit under (c) of this section or the expiration of a license under AS 04.11.540 does not relieve a licensee from paying the prescribed fees.
 (e) A person who applies for issuance or renewal of a license under this section shall file, on forms provided by the board, the following information regarding each product line of alcoholic beverages that the person intends to purchase, offer for sale, or sell: (1) the supplier of the product line; (2) the full and correct brand names in the product line; (3) the name of the distiller, brewer, vintner, or importer of the product line; and (4) a certification by the distiller, brewer, vintner, or importer of the product line that the person is the primary source of supply for the product line. In addition to the fees imposed under (a) and (b) of this section, a person filing under this subsection shall pay a biennial filing fee as follows:
 1 to 25 suppliers $ 500
 26 to 50 suppliers $ 1,000
 51 to 75 suppliers $ 1,500
 over 75 suppliers $ 2,000
 In this subsection, "distiller, brewer, vintner, or importer" includes an exclusive agent of the distiller, brewer, vintner, or importer if the agent's name appears on the label of the brand approved by the Federal Bureau of Alcohol, Tobacco, and Firearms.
 (f) A person licensed under this section shall notify the board within 10 days of a change in a primary source of supply designation required under (e) of this section.
 (g) In this section, "total business transacted" means the total value of business transacted by the wholesale business, including the excise tax imposed by AS 43.60.010 .
 Sec. 04.11.170. - Distillery license.
 (a) A distillery license authorizes the holder to operate a distillery where alcoholic beverages are distilled and bottled or barreled for sale.
 (b) A distillery license authorizes the holder to sell alcoholic beverages to persons licensed under this chapter in quantities of more than five gallons.
 (c) The biennial distillery license fee is $1,000.
 Sec. 04.11.180. - Common carrier dispensary license.
 (a) A common carrier dispensary license authorizes the holder to sell alcoholic beverages for consumption aboard a vehicle, boat, aircraft, or railroad buffet car licensed by a state or federal agency for passenger travel.
 (b) The biennial fee for a common carrier dispensary license is $700 for each vehicle, boat, aircraft, or railroad buffet car in which alcoholic beverages are served.
 Sec. 04.11.190. - Community liquor license. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.200. - Retail stock sale license.
 (a) A retail stock sale license authorizes the holder to sell the remaining stock of a package liquor store when the owner wishes to close out or terminate the business of the store.
 (b) A sale by a holder of a retail stock sale license may only be in quantities of five gallons or more per sale and may only be to persons licensed under this chapter.
 (c) The retail stock sale license shall be issued for a period of 90 days from the expiration or forfeiture of the package store license and is not renewable.
 (d) The retail stock sale license shall be issued only if the owner of the package store business does not have a current package store license. However, if the owner had a package store license that was suspended or revoked, the retail stock sale license may not be issued.
 (e) The retail stock sale license fee is $100.
 Sec. 04.11.210. - Recreational site license.
 (a) The holder of a recreational site license may sell beer and wine at a recreational site during and one hour before and after a recreational event that is not a school event, for consumption on designated areas at the site.
 (b) The biennial fee for a recreational site license is $800.
 (c) In this section, "recreational site" means, but is not limited to, a location where baseball games, car races, hockey games, dog sled racing events, or curling matches are regularly held during a season.
 Sec. 04.11.220. - Pub license.
 (a) A pub license authorizes the holder to sell beer and wine for consumption only at a designated premises located on the campus of an accredited college or university.
 (b) Only one pub license may be issued or renewed for each college or university campus in the state.
 (c) A pub license may not be issued or renewed without the written approval of the governing body of the college or university.
 (d) The biennial fee for a pub license is $800.
 (e) In this section, an "accredited college or university" means a college or university accredited by the Northwest Association of Secondary and Higher Schools.
 Sec. 04.11.230. - Caterer's permit.
 Sec. 04.11.230. Caterer's permit.
 (a) A caterer's permit authorizes the holder of a beverage dispensary license to sell or dispense alcoholic beverages at conventions, picnics, social gatherings, sporting events, or similar affairs held off the holder's licensed premises. The permit may only be issued for designated premises for a specific occasion and for a limited period of time.
 (b) The written approval of a law enforcement agency having jurisdiction over the site of the occasion for which the permit is sought must be obtained and accompany the application.
 (c) A caterer's permit may not be transferred or renewed.
 (d) A caterer's permit must be surrendered to the board, its agent, or the law enforcement agency approving the permit within 48 hours of its expiration time. Failure to surrender the permit is cause, in the discretion of the board, for denial of applications for permits made in the future by the permittee.
 (e) The fee for a caterer's permit is $50 and shall accompany the application for a permit.
 Sec. 04.11.240. - Special events permit.
 (a) A special events permit authorizes the holder to sell or dispense beer or wine for consumption at designated premises for a specific occasion and limited period of time. Only nonprofit fraternal, civic, or patriotic organizations active for a period of at least two years before application and incorporated under AS 10.20 are eligible for a special events permit, and only if all profits derived from the sale of beer or wine are paid to the organization and not to an individual.
 (b) An application for a special events permit must be received in the main office of the board at least 10 days before the date for which the permit is requested. The application must be signed by both the president and secretary of the organization applying for the permit. A sworn affidavit showing the length of time the organization has been in existence must accompany the application, together with a certified copy of the resolution of the board of directors authorizing the application. The written approval of the law enforcement agency having jurisdiction over the designated premises of the occasion for which the permit is sought must also be obtained and accompany the application.
 (c) The special events permit must be surrendered to the board, its agent, or the law enforcement agency approving the permit, within 48 hours of its expiration time. Failure to surrender the permit is cause, in the discretion of the board, for denial of applications for permits made in the future by the organization. No more than five special events permits may be granted to an organization, including its auxiliary, in any one calendar year.
 (d) A special events permit may not be transferred or renewed.
 (e) The fee for a special events permit is $50 a day.
 Sec. 04.11.250. - Conditional contractor's permit.
 Sec. 04.11.250. Conditional contractor's permit.
 (a) A conditional contractor's permit authorizes the holder to sell beer or wine for consumption only on designated premises for two years from the date of issuance of the permit at construction sites that are located outside a city and inside the boundaries of a military or naval reservation.
 (b) An applicant for a conditional contractor's permit must obtain and file with the board written permission from the commanding officer of the military or naval reservation and the prime contractor of the remotely situated project for the conduct of the activities authorized by the permit. A conditional contractor's permit may be renewed biennially upon reapplication for a permit and may be revoked or suspended at the discretion of the commanding officer or the prime contractor.
 (c) A conditional contractor's permit may not be transferred and is not valid after the completion of the holder's contract or the closing of the military or naval reservation.
 (d) The biennial conditional contractor's permit fee is $1,200.
 Sec. 04.11.260. - Application for new license or permit.
 (a) An applicant for a new license or permit shall file with the director a written application, signed and sworn to by the applicant, giving the applicant's name and address. If the applicant is a corporation, the application shall be executed by the authorized officers of the corporation. If the applicant is a partnership, including a limited partnership, the application shall be executed by an authorized general partner. The application must include:
 (1) the type of license or permit desired;
 (2) a description of the premises for which the license or permit is desired, giving the address by street and number, or other information, so that the location of the premises can be definitely determined;
 (3) a statement of the residency of the applicant;
 (4) the license fee;
 (5) the duration of the license or permit desired;
 (6) any other information required by the board.
 (b) A corporation applying for a license or permit shall provide the names and addresses of the president, vice-president, secretary, managing officer, and all stockholders who own 10 percent or more of the stock in the corporation, together with any other information required by the board.
 (c) An applicant for a new license or permit must include with the application
 (1) proof that notice required by AS 04.11.310 has been given;
 (2) any petitions required to be secured under AS 04.11.460 before a license may be issued;
 (3) evidence of any approval by public authorities required to be obtained under AS 04.11.090 (e), 04.11.220(c), 04.11.230(b), 04.11.240(b), or 04.11.250(b), before a license or permit may be issued.
 (d) A partnership, including a limited partnership, that applies for a license or permit shall provide information required by the board including the names and addresses of all general partners and all partners with an interest of 10 percent or more.
 Sec. 04.11.270. - Application for renewal of license or permit.
 (a) An application for renewal of a license or renewal of a conditional contractor's permit must include
 (1) the information required for a new license or permit under AS 04.11.260 except that proof of notice under AS 04.11.310 is not required; and
 (2) a list of all convictions of the applicant of violations of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 , that occurred in the preceding two calendar years.
 (b) A license shall be renewed as follows:
 (1) on or before November 1, the director shall mail a renewal application to each licensee whose license, unless renewed, will expire on December 31 of that year; the application shall be mailed to the licensee at the licensed premises or at a mailing address furnished by the licensee;
 (2) the licensee shall submit the completed renewal application and the biennial license fee to the director before January 1;
 (3) a renewal application filed after December 31 is delinquent and must be accompanied by a $500 penalty fee;
 (4) if December 31 falls on a weekend or a state holiday, the deadline is extended to the first business day following December 31.
 Sec. 04.11.280. - Application for transfer of a license to another person.
 (a) An application for transfer of a license to another person must contain the same information about the transferee as is required of an applicant for a new license under AS 04.11.260 and must include other information required by the board.
 (b) An application for the transfer of a license to another person must be accompanied by a statement, under oath, executed by the transferor, listing all debts of the business and all taxes due by the business. The board shall promptly inform each listed creditor of the application and the amount shown as owed to that creditor.
 Sec. 04.11.290. - Application for transfer of license location.
 An application for a transfer of a license to a new location must contain the information required by the board and must be accompanied by proof that the notice required in AS 04.11.310 has been given and by any petitions required to be secured under AS 04.11.460 before a license may be transferred.
 Sec. 04.11.300. - State trooper investigation.
 The state troopers shall assist the director in the investigation of applicants for new licenses and applicants for the transfer of existing licenses before the applications are considered by the board.
 Sec. 04.11.310. - Notice of application.
 (a) Before a new license is issued, or transfer of location or transfer of a license to another person is approved, the applicant must post a copy of the application for 10 days at the location of the proposed licensed premises and at any additional locations designated by the board. The board may require the applicant (1) to provide a copy of the application to newspapers, radio and television stations for public service announcement or (2) to provide paid notice of the application once each week for three successive weeks in a newspaper or by radio. The notice required in this subsection must be in more than one language when the board decides it is necessary.
 (b) Upon receipt of an application for the issuance, renewal, relocation, or transfer of ownership of a license for premises or proposed premises that are located within one-half mile of the boundary of a community council established by municipal charter or ordinance, the board shall
 (1) immediately provide written notice of the application to
 (A) the community council; and
 (B) any nonprofit community organization that has requested notification in writing; and
 (2) at least 10 days before the date set for board action on the application provide written notice of the proposed action and the time and place for a hearing to
 (A) the community council; and
 (B) any nonprofit community organization that has requested notification in writing.
 Sec. 04.11.320. - Denial of new licenses and permits.
 (a) An application requesting issuance of a new license shall be denied if
 (1) the board finds, after review of all relevant information, that issuance of the license would not be in the best interests of the public;
 (2) issuance of the license is prohibited by AS 04.11.390 , relating to residency, or AS 04.11.410 , relating to location of premises near churches and schools;
 (3) the application has not been completed in accordance with AS 04.11.260;
 (4) issuance of the license would violate the restrictions pertaining to the particular license imposed under this title;
 (5) issuance of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 ;
 (6) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, ownership and location of the license, and the identity and financing of a licensee have not been met;
 (7) issuance of the license is prohibited under AS 04.11.400 (a) or prohibition of issuance of the license is found necessary under AS 04.11.400(b);
 (8) the application contains false statements of material fact;
 (9) the license is sought for the sale of alcoholic beverages in a first or second class city where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491 , have voted to approve a local option to allow the type of premises under AS 04.11.491 (a)(2) or (3), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495 ; or
 (10) the license is sought for the sale of alcoholic beverages in an established village where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491 , have voted to approve a local option to allow the type of premises under AS 04.11.491 (b)(2), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495.
 (b) An application requesting issuance of a new permit shall be denied if
 (1) the board finds, after review of all relevant information, that issuance of the permit would not be in the best interests of the public;
 (2) the board finds that any of the statements made in the application are untrue;
 (3) the application has not been completed in accordance with AS 04.11.260; or
 (4) the permit is sought for the sale of alcoholic beverages in a first or second class city or established village where there are no licensed premises at the time of application unless a majority of the voters have voted not to approve a local option to restrict or prohibit the sale of alcoholic beverages under AS 04.11.491 , have voted to approve a local option to allow the type of permit under AS 04.11.491(a)(2) or (b)(2), or have voted to remove a restriction or prohibition on the sale of alcoholic beverages under AS 04.11.495 .
 Sec. 04.11.330. - Denial of license or permit renewal.
 (a) An application requesting renewal of a license shall be denied if
 (1) the board finds, after review of all relevant information, that renewal of the license would not be in the best interests of the public;
 (2) the license has been revoked for any cause;
 (3) the applicant has not operated the licensed premises for at least 30 eight-hour days during each of the two preceding calendar years, unless the board determines that the licensed premises are under construction or cannot be operated through no fault of the applicant;
 (4) the board finds that issuance of an existing license under AS 04.11.400(d) has not encouraged tourist trade;
 (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, ownership of the license, and financing of the licensee have not been met;
 (6) renewal of the license would violate the restrictions pertaining to the particular license under this title or the license has been operated in violation of a condition or restriction imposed by the board;
 (7) renewal of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 ;
 (8) the application has not been completed in accordance with AS 04.11.270; or
 (9) the license was issued under AS 04.11.400 (g), and the board finds that the public convenience does not require renewal.
 (b) An application for renewal of a license may be denied if the applicant is delinquent in the payment of taxes if the tax liability arises in whole or in part out of the licensed business.
 (c) An application requesting renewal of a conditional contractor's permit shall be denied if
 (1) the board finds, after review of all relevant information, that issuance of the permit would not be in the best interests of the public;
 (2) the application has not been completed in accordance with AS 04.11.270.
 (d) Notwithstanding (a)(3) of this section, a recreational site license issued under AS 04.11.210 may be renewed if the license was exercised at least once during each of the two preceding calendar years.
 Sec. 04.11.340. - Denial of request for relocation.
 An application requesting approval for the relocation of licensed premises shall be denied if
 (1) the board finds, after review of all relevant information, that relocation of the license would not be in the best interests of the public;
 (2) the relocation is prohibited under AS 04.11.400 (a) or (b);
 (3) the license would be relocated out of the established village, incorporated city, unified municipality, or population area established under AS 04.11.400 (a) within which it is located;
 (4) transfer of ownership is to be made concurrently with the relocation of the licensed premises and a ground for denial of the transfer of ownership under AS 04.11.360 is presented;
 (5) the application has not been completed in accordance with AS 04.11.290;
 (6) relocation of the license would result in violation of a local zoning law;
 (7) relocation of the license would violate the restrictions pertaining to the particular license imposed by this title;
 (8) relocation of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 ; or
 (9) the license was issued under AS 04.11.400 (d), (e), or (g).
 Sec. 04.11.360. - Denial of transfer of a license to another person.
 An application requesting approval of a transfer of a license to another person under this title shall be denied if
 (1) the board finds, after review of all relevant information, that transfer of a license to another person would not be in the best interests of the public;
 (2) the application has not been completed in accordance with AS 04.11.280;
 (3) the application contains false statements of material fact;
 (4) the transferor has not paid all debts or taxes arising from the conduct of the business licensed under this title unless
 (A) the transferor gives security for the payment of the debts or taxes satisfactory to the creditor or taxing authority; or
 (B) the transfer is pursuant to a promise given as collateral by the transferor to the transferee in the course of an earlier transfer of the license under which promise the transferor is obliged to transfer the license back to the transferee in the event of default in payment for property conveyed as part of the earlier transfer of the license;
 (5) transfer of the license to another person would result in violation of the provisions of this title relating to identity of licensees and financing of licensees;
 (6) transfer of the license to another person would violate the restrictions pertaining to the particular license under this title;
 (7) transfer of the license to another person is prohibited under the provisions of this title as a result of an election conducted under AS 04.11.507;
 (8) the prospective transferee does not have the qualifications required under this title of an original applicant;
 (9) the license was issued under AS 04.11.100 (f) or 04.11.400(g); or
 (10) the license was issued under AS 04.11.135 , unless the transferor is also applying to transfer the beverage dispensary license required under AS 04.11.135 to the same transferee.
 Sec. 04.11.370. - Suspension and revocation of licenses and permits.
 (a) A license or permit shall be suspended or revoked if the board finds
 (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title;
 (2) continuation of the manufacture, sale, or service of alcoholic beverages by the licensee or permittee would be contrary to the best interests of the public;
 (3) failure on the part of the licensee to correct a defect that constitutes a violation of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or other laws after receipt of notice issued by the board or its agent;
 (4) conviction of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010;
 (5) conviction of an agent or employee of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 , if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates a law, regulation, or ordinance;
 (6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state;
 (7) use of the licensed premises as a resort for illegal possessors or users of narcotics, prostitutes, or promoters of prostitution; in addition to any other legally competent evidence, the character of the premises may be proved by the general reputation of the premises in the community as a resort for illegal possessors or users of narcotics, prostitutes, or promoters of prostitution;
 (8) occurrence of illegal gambling within the limits of the licensed premises;
 (9) the licensee permitted a public offense involving moral turpitude to occur on the licensed premises;
 (10) violation by a licensee of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 ; or
 (11) violation by an agent or employee of a licensee of a provision of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates the law, condition or restriction, regulation, or ordinance.
 (b) If the board finds that a licensee or permittee has been convicted of a violation of a criminal law related to gambling under AS 11.66.200 - 11.66.280, the board shall suspend the license or permit for a period of at least six months if the offense is the person's first conviction or violation and shall revoke the license or permit if the offense is the person's second or subsequent conviction or violation.
 (c) If the board receives notice from the Department of Revenue that a licensee or permittee has violated a provision of AS 05.15 related to gambling, the board
 (1) may suspend the license or permit; and
 (2) shall suspend the license or permit for a period of at least 30 days if the offense is the person's second or subsequent violation of AS 05.15 related to gambling.
 Sec. 04.11.390. - Residence requirements.
 (a) A beverage dispensary license or package store license may not be issued to a person or association of persons who have not resided in the state for at least one year before the date of application.
 (b) A beverage dispensary license or package store license may not be issued to either a domestic corporation that has not been issued a certificate of incorporation or a foreign corporation that has not been issued a certificate of authority to transact business in the state at least one year before the date of the application. However, a beverage dispensary or package store license may be issued to a domestic corporation if each of the stockholders of the corporation has resided in the state for at least one year immediately preceding the filing of the application.
 Sec. 04.11.395. - Board imposed conditions or restrictions.
 The board may, in the best interests of the public, impose conditions or restrictions on a license or permit issued under this chapter.
 Sec. 04.11.400. - Population limitations.
 (a) Except as provided in (d) - (h) and (k) of this section, a new license may not be issued and the board may prohibit relocation of an existing license
 (1) outside an established village, incorporated city, unified municipality, or organized borough if after the issuance or relocation there would be (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population, or (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population, in a radius of five miles of the licensed premises, excluding the populations of established villages, incorporated cities, unified municipalities, and organized boroughs that are wholly or partly included within the radius;
 (2) inside an established village, incorporated city, or unified municipality if after the issuance or relocation there would be inside the established village, incorporated city, or unified municipality
 (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; or
 (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population;
 (3) inside an organized borough but outside an established village or incorporated city located within the borough, if after the issuance or relocation there would be inside the borough, but outside the established villages and incorporated cities located within the borough,
 (A) more than one restaurant or eating place license for each 1,500 population or fraction of that population; or
 (B) more than one license of each other type, including licenses that have been issued under (d) or (e) of this section, for each 3,000 population or fraction of that population excluding the population of those established villages that have adopted a local option under AS 04.11.491(b)(1), (3), or (4), and excluding the population of incorporated cities located within the organized borough.
 (b) If the radius described in (a)(1) of this section encompasses all of an established village, incorporated city, or unified municipality and the population resident inside and outside the established village, incorporated city, or unified municipality but inside the radius described in (a)(1) of the section is less than 3,000, the board may deny the issuance or relocation of the license.
 (c) [Repealed, Sec. 88 ch 74 SLA 1985].
 (d) The board may approve the issuance or transfer of ownership of a beverage dispensary or restaurant or eating place license without regard to (a) of this section if it appears that the issuance or transfer will encourage the tourist trade by encouraging the construction or improvement of
 (1) a hotel, motel, resort, or similar business relating to the tourist trade with a dining facility or having kitchen facilities in a majority of its rental rooms and at least a minimum number of rental rooms required according to the population of the established village, incorporated city, unified municipality, or population area established under (a) of this section in which the facility will be located, as follows:
 (A) 10 rental rooms if the population is less than 1,501;
 (B) 20 rental rooms if the population is 1,501 - 2,500;
 (C) 25 rental rooms if the population is 2,501 - 5,000;
 (D) 30 rental rooms if the population is 5,001 - 15,000;
 (E) 35 rental rooms if the population is 15,001 - 25,000;
 (F) 40 rental rooms if the population is 25,001 - 50,000; and
 (G) 50 rental rooms if the population is greater than 50,000; or
 (2) an airport terminal.
 (e) The board may approve the issuance or transfer of ownership of a restaurant or eating place license without regard to (a) of this section if
 (1) the premises of the restaurant or eating place are more than 18 miles from the corporate limits of a city or unified municipality;
 (2) the premises will serve food to the traveling public; and
 (3) the board finds that the public convenience will be served by the issuance or transfer.
 (f) An application requesting a transfer of location of licensed premises limited under (a) or (b) of this section shall be granted without regard to (a) of this section if the new location is less than one mile from the original location and
 (1) no ground for denial exists under AS 04.11.340 (1) or (3); and
 (2) relocation of the licensed premises is necessary due to
 (A) termination of a lease or rental agreement;
 (B) condemnation of the premises;
 (C) the substantial destruction of the premises by any cause.
 (g) The board may approve the issuance or transfer of ownership of a restaurant or eating place license in a municipality without regard to (a) of this section if the board finds that issuance or transfer of the license is necessary for the public convenience.
 (h) Except as provided in (f) of this section, within an incorporated city, unified municipality or an organized borough, a new club license may be issued, and the relocation of an existing club license may be approved by the board if
 (1) the issuance or relocation of club licenses under the population limitation contained in (2) of this subsection has been approved by resolution adopted by the incorporated city, unified municipality, or organized borough within which the club license is to be issued or relocated; and
 (2) after issuance or relocation there would not be, inside the incorporated city or unified municipality, or inside the organized borough but outside the incorporated cities located within the borough, more than one club license for each 1,500 population or fraction of 1,500 population.
 (i) In (a)(1) of this section, "population" includes only those persons residing inside the radius not later than the date the application is received by the board and not earlier than 60 days before the application is received by the board.
 (j) In (a)(2) and (3) of this section, "population" includes only those persons residing inside the established village, incorporated city, unified municipality, or organized borough as of December 31 of the year preceding the date of application.
 (k) This section does not apply to a golf course license issued under AS 04.11.115 .
 (l) In this section "radius" means the circular area or distance limited by the sweep of a straight line originating at the proposed licensed premises and extending outward.
 Sec. 04.11.410. - Restriction of location near churches and schools.
 (a) A beverage dispensary or package store license may not be issued and the location of an existing license may not be transferred if the licensed premises would be located in a building the public entrance of which is within 200 feet of a school ground or a church building in which religious services are regularly conducted, measured by the shortest pedestrian route from the outer boundaries of the school ground or the public entrance of the church building. However, a license issued before the presence of either cause of restriction within 200 feet of the licensed premises may be renewed or transferred to a person notwithstanding this subsection.
 (b) If a beverage dispensary or package store license for premises located within 200 feet of a school ground or church building in which religious services are regularly conducted is revoked, expires, or is transferred to another location, a beverage dispensary or package store license may not be issued or transferred to the formerly licensed premises until the cessation of either cause of restriction.
 Sec. 04.11.420. - Zoning limitations.
 (a) A person may not be issued a license or permit in a municipality if a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages unless a variance of the regulation or ordinance has been approved.
 (b) The municipality shall inform the board of zoning regulations or ordinances that prohibit the sale or consumption of alcoholic beverages.
 Sec. 04.11.430. - Person and location.
 (a) Each license shall be issued to a specific individual or individuals, to a partnership, including a limited partnership, or to a corporation. If the license is issued to a corporation, the registered agent of the corporation must be an individual resident of the state.
 (b) Except for a license authorizing the sale of alcoholic beverages on a common carrier, a specific location shall be indicated on the license or permit as the licensed premises, the principal address of which shall be indicated on the license or permit. The mailing address of a licensee or, if the licensee is a corporation, the address of the registered office of the corporation must be kept current and on file in the main office of the board.
 Sec. 04.11.450. - Prohibited financial interest.
 (a) A person other than a licensee may not have a direct or indirect financial interest in the business for which a license is issued.
 (b) A person who is a representative or owner of a wholesale business, brewery, winery, bottling works, or distillery may not be issued, solely or together with others, a beverage dispensary license, a restaurant or eating place license, or package store license. A holder of a beverage dispensary license may be issued a brewpub license, subject to the provisions of AS 04.11.135 . The prohibition against issuance of a restaurant or eating place license imposed under this subsection does not apply to a restaurant or eating place license issued on or before October 1, 1996 or a restaurant or eating place license issued under an application for a restaurant or eating place license approved on or before October 1, 1996.
 (c) A license may not be leased by a licensee to another person or corporation.
 (d) For the purposes of this section, a lessor under a graduated or percentage lease-rent agreement involving premises licensed under this title does not hold a financial interest in the business.
 (e) A holder of either a general wholesale license or a wholesale malt beverage and wine license may not be employed by or act as the agent or employee of the holder of a beverage dispensary or package store license.
 (f) In this section, "direct or indirect financial interest" means holding a legal or equitable interest in the operation of a business licensed under this title. However, credit extended by a distiller, a brewery, or a winery to a wholesaler, or credit extended by a wholesaler to persons licensed under this title, or a consulting fee received from a person licensed under this title, is not considered a financial interest in a business licensed under this title.
 Sec. 04.11.460. - Prior public approval.
 (a) A new license or the transfer of location of an existing license may not be approved by the board in an area outside but within 50 miles of the boundaries of a municipality unless a petition asking that the license be issued or transferred within the area containing signatures of a majority of the permanent residents residing within one mile of the proposed premises is filed with the board.
 (b) A license may not be issued in an area that is 50 miles or more from the boundaries of a municipality unless a petition asking that the license be issued within the area containing the signatures of two-thirds of the permanent residents residing within a radius of five miles of the United States post office station nearest to the proposed licensed premises, is filed with the board. If there are two or more United States post office stations in the vicinity of the proposed licensed premises, the nearest to the premises constitutes the point of beginning under this subsection. If there is no United States post office station within a radius of five miles of the proposed licensed premises, the applicant must obtain the signatures of two-thirds of the permanent residents residing within a five mile radius of the proposed licensed premises. A petition is not required for the renewal of a license issued in accordance with this subsection unless specifically required by the board.
 (c) In this section, "permanent resident" means a person 21 years of age or older who has established a permanent place of abode.
 Sec. 04.11.470. - Objection.
 A person may object to an application for issuance, renewal, transfer of location, or transfer to another person of a license, or for issuance of a permit, by serving upon the applicant and the board the reasons for the objection. The board shall consider the objections and testimony received at a hearing conducted under AS 04.11.510 (b)(2) when it considers the application. An objection and the record of a hearing conducted under AS 04.11.510 (b)(2) shall be retained as part of the board's permanent record of its review of the application.
 Sec. 04.11.480. - Protest.
 (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing of the application. A protest received after the 60-day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, and unreasonable.
 (b) If the permanent residents residing outside of but within two miles of an incorporated city or an established village wish to protest the issuance, renewal, or transfer of a license within the city or village, they shall file with the board a petition meeting the requirements of AS 04.11.510 (b)(3) requesting a public hearing within 30 days of the posting of notice required under AS 04.11.310 , or by December 31 of the year application is made for renewal of a license. The board shall consider testimony received at a hearing conducted under AS 04.11.510 (b)(3) when it considers the application, and the record of a hearing conducted under AS 04.11.510 (b)(3) shall be retained as part of the board's permanent record of its review of the application.
 Sec. 04.11.490. - Prohibition of the sale of alcoholic beverages. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.491. - Local options.
 (a) If a majority of the persons voting on the question vote to approve the option, a municipality shall adopt a local option to prohibit
 (1) the sale of alcoholic beverages;
 (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot:
 (A) a restaurant or eating place licensee;
 (B) a beverage dispensary licensee;
 (C) a package store licensee;
 (D) a caterer holding a permit under AS 04.11.230 to sell alcoholic beverages at a site within the municipality who is also licensed under a beverage dispensary license for premises outside of the municipality;
 (E) a winery licensee; or
 (F) a winery licensee, except that sales may occur only to a person licensed under this title or in another state or country;
 (3) the sale of alcoholic beverages except on premises operated by the municipality and under a type of licensed premises listed on the ballot, that may include one or more of the following:
 (A) a restaurant or eating place license;
 (B) a beverage dispensary license; or
 (C) a package store license;
 (4) the sale and importation of alcoholic beverages; or
 (5) the sale, importation, and possession of alcoholic beverages.
 (b) If a majority of the persons voting on the question vote to approve the option, an established village shall exercise a local option to prohibit
 (1) the sale of alcoholic beverages;
 (2) the sale of alcoholic beverages except by one or more of the following listed on the ballot:
 (A) a restaurant or eating place licensee;
 (B) a beverage dispensary licensee;
 (C) a package store licensee;
 (D) a caterer holding a permit under AS 04.11.230 to sell alcoholic beverages at a site within the established village who is also licensed under a beverage dispensary license for premises outside of the established village;
 (E) a winery licensee; or
 (F) a winery licensee, except that sales may occur only to a person licensed under this title or in another state or country;
 (3) the sale and importation of alcoholic beverages; or
 (4) the sale, importation, and possession of alcoholic beverages.
 (c) A ballot question to adopt a local option under this section must at least contain language substantially similar to: "Shall (name of municipality or village) adopt a local option to prohibit (local option under (a) or (b) of this section)? (yes or no)."
 (d) The ballot for an election on the option set out in (a)(2)(A), (a)(3)(A), or (b)(2)(A) of this section must include a summary explanation of the authority to sell alcoholic beverages given to a restaurant or eating place under AS 04.11.100 (a). The ballot for an election on the option set out in (a)(2)(B) or (D), (a)(3)(B), or (b)(2)(B) or (D) of this section must include a statement that a beverage dispensary license is commonly known as a "bar" and a summary explanation of the authority to sell alcoholic beverages given to a beverage dispensary licensee under AS 04.11.090 (a). The ballot for an election on the option set out in (a)(2)(C), (a)(3)(C), or (b)(2)(C) of this section must include a statement that a package store license is commonly known as a "liquor store" and a summary explanation of the authority to sell alcoholic beverages given to a package store licensee under AS 04.11.150 (a).
 (e) If a municipality dissolves under AS 29.06.450 (a) or (b), a local option adopted by the municipality under (a) of this section shall continue in effect as the corresponding local option under (b) of this section for an established village having the same perimeter as the previous boundaries of the municipality. A license for premises operated by the municipality under AS 04.11.505 expires when the municipality dissolves.
 (f) A municipality or established village that has adopted a local option under (a)(1), (2), or (3) or (b)(1) or (2) of this section may designate a site for the delivery of alcoholic beverages to individuals in the area or a site for a person to bring alcoholic beverages if the alcoholic beverages are imported into the area. This subsection does not apply to the delivery or importation of
 (1) one liter or less of distilled spirits, two liters or less of wine, or one gallon or less of malt beverages; or
 (2) alcoholic beverages to a premises licensed under (a)(2) - (3) or (b)(2) of this section.
 Sec. 04.11.492. - Community liquor license; complete prohibition on sales. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.493. - Change of local option.
 (a) If a majority of persons voting on the question vote to approve a different local option, a municipality or established village shall change a local option previously adopted under AS 04.11.491 to the different approved option.
 (b) A ballot question to change a local option under this section must at least contain language substantially similar to: "Shall (name of municipality or village) change the local option currently in effect, that prohibits (current local option under AS 04.11.491 ), and adopt in its place a local option to prohibit (proposed local option under AS 04.11.491)? (yes or no)."
 Sec. 04.11.495. - Removal of local option.
 (a) If a majority of the persons voting on the question vote to remove the option, a municipality or established village shall remove a local option previously adopted under AS 04.11.491 . The option is repealed effective the first day of the month following certification of the results of the election.
 (b) A ballot question to remove a local option under this section must at least contain language substantially similar to: "Shall (name of municipality or village) remove the local option currently in effect, that prohibits (current local option under AS 04.11.491 ), so that there is no longer any local option in effect? (yes or no)."
 (c) When issuing a license in the area that has removed a local option, the board shall give priority to an applicant who was formerly licensed and whose license was not renewed because of the results of the previous local option election. However, an applicant described in this subsection does not have a legal right to a license and the board is not required to approve the application.
 Sec. 04.11.496. - Prohibition of sale and importation of alcoholic beverages. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.497. - Effect on licenses of prohibition of sale.
 If a majority of voters vote to prohibit the sale of alcoholic beverages under AS 04.11.491 (a)(1), (a)(4) or (5), (b)(1), or (b)(3) or (4), the board may not issue, renew, or transfer, between persons or locations, a license for premises located within the boundaries of the municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of the established village. A license that may not be renewed because of a local option election held under this section is void 90 days after the results of the election are certified. A license that expires during the 90 days after the results of a local option election are certified may be extended, until it is void under this section, by payment of a prorated portion of the biennial license fee.
 Sec. 04.11.498. - Prohibition of possession of alcoholic beverages. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.499. - Prohibition of importation after election.
 If a majority of the voters vote to prohibit the importation of alcoholic beverages under AS 04.11.491 (a)(4) or (5) or (b)(3) or (4), a person, beginning on the first day of the month following certification of the results of the election, may not knowingly send, transport, or bring an alcoholic beverage into the municipality or established village, unless the alcoholic beverage is sacramental wine to be used for bona fide religious purposes based on tenets or teachings of a church or religious body, is limited in quantity to the amount necessary for religious purposes, and is dispensed only for religious purposes by a person authorized by the church or religious body to dispense the sacramental wine.
 Sec. 04.11.500. - Prohibition of the sale of alcoholic beverages except by selected licenses. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.501. - Prohibition of possession after election.
 (a) If a majority of the voters vote to prohibit the possession of alcoholic beverages under AS 04.11.491 (a)(5) or (b)(4), a person may not knowingly possess an alcoholic beverage in the municipality or established village, unless the alcoholic beverage is sacramental wine to be used for bona fide religious purposes based on tenets or teachings of a church or religious body, is limited in quantity to the amount necessary for religious purposes, and is dispensed only for religious purposes, by a person recognized by the church or religious body as authorized to dispense the wine.
 (b) If there are licensed premises within the municipality or established village, the prohibition on possession is effective beginning 90 days after the results of the election are certified. If there are no licensed premises within the municipality or established village, the prohibition on possession is effective beginning 60 days after the results of the election are certified.
 (c) Upon the adoption by a municipality of a local option under AS 04.11.491(a)(5), an ordinance is adopted containing the provisions of this section.
 (d) In this section, "possession" means having physical possession of or exercising dominion or control over an alcoholic beverage, but does not include having an alcoholic beverage within the digestive system of a person.
 Sec. 04.11.502. - Procedure for local option elections. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.503. - Effect on licenses of restriction on sale.
 If a majority of the voters vote under AS 04.11.491 (a)(2) or (b)(2) to prohibit sale of alcoholic beverages except by the type or types of licensees or permit holders listed on the ballot, the board may not issue, renew, or transfer between persons or locations a license for premises located within the boundaries of the municipality and in unincorporated areas within five miles of the boundaries of the municipality or within the perimeter of the established village, except the type or types of licenses listed on the ballot. A license in effect within the boundaries of the municipality or perimeter of the established village, and in unincorporated areas within five miles of the boundaries of the municipality, except the type of license listed on the ballot, is void 90 days after the results of the election are certified. A license that expires during the 90 days after the results of a local option election are certified may be extended, until it is void under this section, by payment of a prorated portion of the biennial license fee.
 Sec. 04.11.504. - Reinstatement of licenses. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.505. - Licensing after prohibition on sale except in premises operated by municipality.
 (a) If a majority of the voters vote under AS 04.11.491 (a)(3) to prohibit the sale of alcoholic beverages except on premises operated by the municipality, the board may not issue, renew, or transfer between persons or locations a license for premises located within the boundaries of a municipality and in unincorporated areas within five miles of the boundaries of the municipality, with the exception of the type of license listed on the ballot and operated under a license held by the municipality. A license in effect is void 90 days after the results of the election are certified. A license that expires during the 90 days after the results of a local option election are certified may be extended, until it is void under this subsection, by payment of a prorated portion of the biennial license fee.
 (b) The local governing body of a municipality shall apply for a license to operate the type of licensed premises listed on the ballot under AS 04.11.491 (a)(3) and approved by a majority of the voters. The municipality shall operate the premises subject to the conditions and fees applicable to the type of license. Nothing in this section precludes a municipality from applying to be a licensee under other provisions of this title.
 Sec. 04.11.506. - Notice of the results of a local option election. [Repealed, Sec. 69 ch 101 SLA 1995].
 Repealed or Renumbered
 Sec. 04.11.507. - Procedure for local option elections.
 (a) Elections to adopt a local option under AS 04.11.491 , change a local option under AS 04.11.493 , or remove a local option under AS 04.11.495, shall be conducted as required in this section.
 (b) Upon receipt of a petition of a number of registered voters equal to 35 percent or more of the number of votes cast at the last regular municipal election, the local governing body of a municipality shall place upon a separate ballot at the next regular election, or at a special election, whichever local option, change in local option, or removal of local option constitutes the subject of the petition. The local governing body shall conduct the election under the election ordinance of the municipality.
 (c) Upon receipt of a petition of 35 percent or more of the registered voters residing within an established village, the lieutenant governor shall place upon a separate ballot at a special election the local option, change in local option, or removal of local option that constitutes the subject of the petition. The lieutenant governor shall conduct the election under AS 15.
 (d) A petition filed with the local governing body of a municipality under (b) of this section, that places on the ballot the option set out in AS 04.11.491 (a)(5), constitutes a proposed ordinance of the municipality.
 (e) AS 29.26.110 - 29.26.160 apply to a petition under (b) of this section in a general law municipality except the
 (1) number of required signatures is determined under (b) of this section rather than under AS 29.26.130 ;
 (2) application filed under AS 29.26.110 must at least contain language substantially similar to the questions set out under AS 04.11.491 - 04.11.495 rather than containing an ordinance or resolution;
 (3) petition must at least contain language substantially similar to the questions set out under AS 04.11.491 - 04.11.495 rather than material required under AS 29.26.120 (a)(1) and (2).
 (f) Notwithstanding any other provisions of law, an election under (b) or (c) of this section to remove a local option or to change to a less restrictive option than the local option previously adopted under AS 04.11.491 may not be conducted during the first 12 months after the local option was adopted or more than once in an 18-month period.
 (g) Notwithstanding AS 29.26.140 (a), after a petition has been certified as sufficient to meet the requirements of (b) or (c) of this section, another petition may not be filed or certified until after the question presented in the first petition has been voted on. Only one local option question may be presented in an election.
 Sec. 04.11.508. - Establishment of perimeter of established village.
 (a) Except as provided under (b) and (c) of this section, for purposes of AS 04.11.491 , 04.11.497, and 04.11.503, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of the post office of the established village. If the established village does not have a post office, the perimeter of an established village is a circle around the established village that includes an area within a five-mile radius of another site selected by the local governing body or by the board if the established village does not have a local governing body.
 (b) If the perimeter of an established village determined under (a) of this section includes any area that is within a municipality or within the perimeter of another established village, the perimeter described under (a) of this section is limited to an area that includes only the established village.
 (c) If the board determines that the perimeter of an established village as provided under (a) and (b) of this section does not accurately reflect the perimeter of the established village, the board may establish the perimeter of the established village for purposes of applying a local option selected under this chapter.
 Sec. 04.11.509. - Notice of the results of a local option election.
 (a) If a majority of the voters vote to prohibit, change, or remove a local option under AS 04.11.491 - 04.11.495, the clerk of the municipality, or, if the election is in an established village, the lieutenant governor shall notify the board of the results of the election immediately after the results are certified. The board shall immediately notify the Department of Law and the Department of Public Safety of the results of the election.
 (b) If a majority of the voters vote to prohibit the importation or possession of alcoholic beverages under AS 04.11.491 (a)(4) or (5) or (b)(3) or (4), the following actions in addition to those prescribed in (a) of this section shall be taken before the date the prohibition becomes effective:
 (1) the board shall notify, by certified mail, all package store licensees who sell alcoholic beverages in response to a written solicitation of the local option; and
 (2) the municipality or established village shall post public notice of the prohibition in a central location in the municipality or village.
 Sec. 04.11.510. - Procedure for action on license applications, suspensions, and revocations.
 (a) Unless a legal action relating to the license, applicant, or premises to be licensed is pending, the board shall decide whether to grant or deny an application within 90 days of receipt of the application at the main office of the board. However, the decision may not be made before the time allowed for protest under AS 04.11.480 has elapsed, unless waived by the municipality.
 (b) The board may review an application for the issuance, renewal, transfer of location, or transfer to another person of a license without affording the applicant notice or hearing, except
 (1) if an application is denied, the notice of denial shall be furnished the applicant immediately in writing stating the reason for the denial in clear and concise language; the notice of denial must inform the applicant that the applicant is entitled to an informal conference with either the director or the board, and that, if not satisfied by the informal conference, the applicant is then entitled to a formal hearing before the board; if the applicant requests a formal hearing, the board shall adhere to AS 44.62.330 - 44.62.630 (Administrative Procedure Act); all interested persons may be heard at the hearing and unless waived by the applicant and the board, the formal hearing shall be held in the area for which the application is requested;
 (2) the board may, on its own initiative or in response to an objection or protest, hold a hearing to ascertain the reaction of the public or a local governing body to an application if a hearing is not required under this subsection; the board shall send notice of a hearing conducted under this paragraph 20 days in advance of the hearing to each community council established within the municipality and to each nonprofit community organization entitled to notification under AS 04.11.310 (b);
 (3) if a petition containing the signatures of 35 percent of the adult residents having a permanent place of abode outside of but within two miles of an incorporated city or an established village is filed with the board, the board shall hold a public hearing on the question of whether the issuance, renewal, or transfer of the license in the city or village would be in the public interest;
 (4) if a protest to the issuance, renewal, transfer of location or transfer to another person of a license made by a local governing body is based on a question of law, the board shall hold a public hearing.
 (c) Unless the grounds for the suspension or revocation are under AS 04.11.370(a)(4), board proceedings to suspend or revoke a license shall be conducted in accordance with AS 44.62.330 - 44.62.630 (Administrative Procedure Act), except that the licensee is entitled to an opportunity to informally confer with the director or the board within 10 days after the accusation is served upon the licensee. Notice of the opportunity for an informal conference shall be served upon the licensee along with the accusation. If an informal conference is requested, the running of the period of time specified in AS 44.62.380 for filing a notice of defense is tolled from the date of receipt of the request for the conference until the day following the date of the conference unless extended by the board. After the conference, the licensee, if not satisfied by the results of the conference, may obtain a hearing by filing a notice of defense as provided in AS 44.62.390 . If the grounds for suspension or revocation are under AS 04.11.370 (a)(4), the licensee is not entitled to notice and hearing under AS 44.62.330 - 44.62.630 on the merits of the suspension or revocation. However, the board shall afford the licensee notice and hearing on the issue of what administrative sanction to impose under AS 04.16.180 .
 (d) [Repealed, Sec. 69 ch 101 SLA 1995].
 Sec. 04.11.520. - Notice to local governing body.
 After receipt of an application from within (1) an established village, (2) an incorporated city, (3) an organized borough, or (4) a unified municipality, the board shall transmit written notice to the local governing body within 10 days so that the local governing body may protest under AS 04.11.480 .
 Sec. 04.11.525. - Notice to community council.
 On receipt of an application for the issuance, renewal, relocation, or transfer of the ownership of a license, the board shall provide written notice under AS 04.11.310 (b).
 Sec. 04.11.530. - Consideration of reports.
 A license may not be suspended or revoked under AS 04.11.370 (a)(4) or (5) unless the board considers the reports prepared by arresting and investigating officers and the sentencing report sent to the board under AS 12.55.025 (b).
 Sec. 04.11.535. - Suspension and revocation based on acts of employees.
 (a) If, in a proceeding to suspend or revoke a license under AS 04.11.370(a)(5), the board finds that a sentencing report sent to the board under AS 12.55.025 (b) or a report prepared by the investigating or arresting officers in connection with the violation, contains information that if uncontradicted or unexplained would provide a ground for suspension or revocation under AS 04.11.370 (a)(5), the licensee has the burden of proof to establish that the licensee neither knowingly allowed the violation nor recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 .
 (b) If the board suspends or revokes a license on grounds that a licensee knowingly allowed or recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 resulting in unlawful action of an agent or employee, the board shall file a criminal complaint charging the licensee with violation of AS 04.16.150.
 Sec. 04.11.537. - Application of precedent.
 In determining whether issuance, renewal, transfer, relocation, suspension, or revocation of a license is in the best interests of the public, the board need not conform to or distinguish its decision from any action it has taken in the past on applications presenting similar facts, but may instead base its decision only on the particular facts before it.
 Sec. 04.11.540. - License renewal and expiration.
 Notwithstanding AS 04.11.680 , an application for renewal of a license issued for the two calendar years ending December 31 or of a seasonal license issued for parts of those calendar years may be submitted up until the next February 28. If a complete application for renewal has not been filed by February 28 or the required fees and the penalty fees have not been paid by that date, the license expires at 12:00 midnight February 28. A new license may not be issued to the holder of an expired license for the same premises except on proof satisfactory to the board of good cause for the failure to file and pay.
 Sec. 04.11.550. - Notice of expiration.
 On or before February 15, the director shall mail a notice of expiration to each licensee who has not either (1) filed an application to renew a license, along with any applicable affidavits and all fees due, or (2) notified the director of an intent not to do so. Failure of the director to mail this notice of expiration does not waive the requirement that the application for renewal be filed by February 28.
 Sec. 04.11.560. - Appeals.
 (a) An action of an officer, employee, or agent of the board relating to the administration or enforcement of this title may be appealed to the board by the aggrieved party.
 (b) A decision by the board relating to the issuance, renewal, transfer, relocation, suspension, or revocation of a license under this title may be appealed to the superior court under AS 44.62.560 .
 Sec. 04.11.570. - Refund and forfeiture of fees.
 (a) If an application for a license is denied, the board shall refund the license fee less the application fee.
 (b) A license fee may not be refunded after the license has been issued unless the board determines it has erred in the issuance through no fault of the applicant.
 (c) If a license is revoked on grounds that statements made in the application are untrue, the license fee paid by the applicant is forfeited to the state.
 Sec. 04.11.575. - Civil fine.
 (a) Except as provided in (c) of this section, the board may, in addition to any other penalties imposed under this title, impose a civil fine upon a licensee that the board determines, at a proceeding under AS 04.11.510 (c), has violated a provision of this title, a regulation adopted under this title, or an ordinance adopted in accordance with AS 04.21.010 .
 (b) The board shall by regulation adopt a schedule of fines that a licensee may be required to pay under this section. A fine may not exceed the greater of
 (1) $50,000; or
 (2) an amount that is three times the monetary gain realized by the licensee as a result of the violation.
 (c) If the board is proceeding under AS 04.11.370 (a)(4), the board may not impose a civil fine exceeding the amount specified under AS 12.55.035 applicable to the offense for which the licensee was convicted, or with the licensee's consent, the limit imposed under (b) of this section.
 Sec. 04.11.580. - Surrender or destruction of license.
 (a) A license issued under this title shall, if the board so directs, be surrendered on demand to a peace officer, agent, or officer of the board.
 (b) The licensee shall surrender a current license to the board within 10 days after the loss or vacation of the licensed premises.
 (c) If the license is destroyed, the licensee shall notify the board.
 Sec. 04.11.590. - Disposition of money.
 (a) Money collected from licenses and civil fines under this title shall be transferred by the board to the Department of Revenue and deposited in the general fund.
 (b) A fee prescribed by the board in addition to fees authorized under this title shall be transferred to the Department of Revenue and deposited in the general fund.
 (c) The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations to the Department of Revenue to carry out the purposes of AS 04.06.
 Sec. 04.11.610. - Refund to municipalities.
 (a) Biennial license fees, excluding annual wholesale fees and biennial wholesale license fees, collected within a municipality shall be refunded semi-annually to the municipality.
 (b) If the officers of a municipality fail to actively enforce local ordinances, laws of the United States and the state, and the regulations relating to the manufacture and sale of alcoholic beverages in the state, the commissioner of revenue may deny the refund provided for under (a) of this section until the board finds the enforcement of the ordinances, laws, and regulations is resumed.
 (c) The Department of Revenue shall recover any amounts erroneously refunded under (a) of this section. The Department of Revenue shall schedule repayments of erroneously refunded amounts over a sufficient period of time to minimize financial hardship to the municipality involved.
 Sec. 04.11.630. - Accessibility of license and licensed premises to inspection.
 (a) A licensee shall, upon request, make the licensed premises and places authorized for storage under AS 04.21.060 available for inspection by officers charged with the enforcement of this title, including members of the board and the director or an employee of the director, during all regular business hours.
 (b) A license issued under this title shall be posted within the licensed premises so as to be easily available for inspection upon request by a peace officer or other person during regular business hours.
 Sec. 04.11.660. - License a privilege.
 (a) A license issued under this title is a personal privilege, not a property right.
 (b) The privilege conferred upon the licensee is personal in nature and affords protection to the licensee only.
 Sec. 04.11.670. - Foreclosure.
 A license issued under this title is not subject to foreclosure, and may not be used as collateral to secure a debt. However, if a license is transferred to another person, the transferor may secure payment for real and personal property conveyed to the transferee upon the promise of the transferee to transfer the license back to the transferor upon default in payment.
 Sec. 04.11.680. - Duration of licenses and permits.
 (a) Upon application and payment of one-half of the biennial fee, the board may issue a seasonal license under this title that is effective for the intervals stated on the license. A seasonal license may not be effective for more than 12 months in a two-year period. Otherwise, all licenses issued under this title other than a retail stock sale license are effective for the two calendar years ending December 31, unless a shorter period is prescribed by the board or by law.
 (b) A permit issued under this title shall be for the period prescribed by the board. The period shall be clearly designated on the permit.
 Sec. 04.11.690. - Discouragement of monopolies.
 (a) In a general sense, it is against the public interest that the issuance, renewal, or transfer of licenses issued under this title will create, or assist in the creation of, a monopoly.
 (b) The board may submit proposals to the governor and the legislature addressed to the discouragement of the creation of monopolies.
 (c) The board may not by regulation adopt a definition of a monopoly.
 Sec. 04.11.700. - Renumbered as AS 04.21.055 .
 Repealed or Renumbered
 Chapter 04.15. - REGULATION OF SALES AND DISTRIBUTION
 Chapter 04.16. - REGULATION OF SALES AND DISTRIBUTION
 Sec. 04.16.010. - Hours of sale and presence on licensed premises (standard closing hours).
 (a) A person may not sell, offer for sale, give, furnish, deliver, or consume an alcoholic beverage on premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day.
 (b) A licensee, an agent, or employee may not permit a person to consume alcoholic beverages on the licensed premises between the hours of 5:00 a.m. and 8:00 a.m. each day.
 (c) A licensee, an agent, or employee may not permit a person to enter and a person may not enter premises licensed under this title between the hours of 5:00 a.m. and 8:00 a.m. each day. This subsection does not apply to common carriers or to an employee of the licensee who is on the premises to prepare for the next day's business. A person may enter or remain on the premises of a bona fide restaurant or eating place licensed under this title to consume food or nonalcoholic beverages.
 (d) A municipality may provide for additional hours of closure under AS 04.21.010 .
 Sec. 04.16.015. - Pricing and marketing of alcoholic beverages.
 (a) On premises where alcoholic beverages are sold by the drink, a licensee or a licensee's agent or or employee may not
 (1) offer or deliver, as a marketing device to the general public, free alcoholic beverages to a patron;
 (2) deliver an alcoholic beverage to a person already possessing two or more;
 (3) sell, offer to sell, deliver alcoholic beverages to a person or group of persons at a price less than the price regularly charged for the beverages during the same calendar week, except at private functions not open to the general public;
 (4) sell, offer to sell, or deliver an unlimited number of alcoholic beverages to a person or group of persons during a set period of time for a fixed price;
 (5) sell, offer to sell, or deliver alcoholic beverages to a person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the general public;
 (6) encourage or permit an organized game or contest on the licensed premises that involves drinking alcoholic beverages or the awarding of alcoholic beverages as prizes.
 (b) A licensee or a licensee's agent or employee may not advertise or promote in any way, either on or off the premises, a practice prohibited under (a) of this section.
 (c) This section may not be construed as prohibiting a licensee or a licensee's agent or employee from offering free food or entertainment at any time, from serving wine by the bottle or carafe or beer by the pitcher with or without meals, or from including an alcoholic beverage as part of a meal package.
 (d) Notwithstanding (a) and (b) of this section, a licensee or a licensee's agent or employee when acting as a caterer may offer or deliver free alcoholic beverages to a political, charitable, or educational group or organization.
 Sec. 04.16.020. - Solicitation of alcoholic beverages.
 (a) A person may not pay or receive from another a salary, percentage, or commission to solicit or encourage a patron of licensed premises to purchase alcoholic or other beverages for a person other than the patron.
 (b) A licensee, an agent, or employee may not knowingly permit a person to loiter within or about premises licensed under this title for the purpose of begging or soliciting a patron or visitor to purchase alcoholic or other beverages for the person who is begging or soliciting.
 Sec. 04.16.025. - Illegal presence on premises involving alcoholic beverages.
 (a) A person may not knowingly enter or remain on premises
 (1) in which alcoholic beverages are manufactured, sold, offered for sale, possessed for sale or barter, trafficked in, or bartered in violation of
 (A) AS 04.11.010 ; or
 (B) a municipal ordinance adopted under AS 04.21.010 (a) or (b); or
 (2) licensed under this title during hours in which the person's presence on the premises is a violation of a municipal ordinance adopted under authority of AS 04.16.010 (d) providing for hours of closure that are outside the hours of closure prescribed by AS 04.16.010(c).
 (b) A person who violates this section is guilty of a violation.
 Sec. 04.16.030. - Prohibited conduct relating to drunken persons.
 (a) A licensee, an agent, or employee may not with criminal negligence
 (1) sell, give, or barter alcoholic beverages to a drunken person;
 (2) allow another person to sell, give, or barter an alcoholic beverage to a drunken person within licensed premises;
 (3) allow a drunken person to enter and remain within licensed premises or to consume an alcoholic beverage within licensed premises;
 (4) permit a drunken person to sell or serve alcoholic beverages.
 (b) A person receiving compensation for transporting alcoholic beverages may not knowingly deliver alcoholic beverages to a drunken person.
 Sec. 04.16.040. - Access of drunken persons to licensed premises.
 A drunken person may not knowingly enter or remain on premises licensed under this title.
 Sec. 04.16.045. - Obligation to enforce restrictions in licensed premises.
 A licensee, an agent, or employee may not permit the consumption of alcoholic beverages by any person within licensed premises unless it is permitted by the license.
 Sec. 04.16.049. - Access of persons under the age of 21 to licensed premises.
 (a) A person under the age of 21 years may not knowingly enter or remain in premises licensed under this title unless
 (1) accompanied by a parent, guardian, or spouse who has attained the age of 21 years;
 (2) the person is at least 16 years of age, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining; or
 (3) the person is under the age of 16 years, is accompanied by a person over the age of 21 years, the parent or guardian of the underaged person consents, the premises are designated by the board as a restaurant for the purposes of this section, and the person enters and remains only for dining.
 (b) Notwithstanding (a) of this section, a licensee or an agent or employee of the licensee may refuse entry to a person under the age of 21 years to that part of licensed premises in which alcoholic beverages are sold, served, or consumed, may refuse service to a person under the age of 21 years, or may require a person under the age of 21 years to leave the portion of the licensed premises in which alcoholic beverages are sold, served, or consumed.
 (c) Notwithstanding any other provision in this section, a person between 16 and 19 years of age may enter and remain within the licensed premises of a hotel, restaurant, or eating place in the course of employment if (1) the employment does not involve the serving, mixing, delivering, or dispensing of alcoholic beverages; (2) the person has the written consent of a parent or guardian; and (3) an exemption from the prohibition of AS 23.10.355 is granted by the Department of Labor. The board, with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurants, or eating places for the purposes of this subsection.
 (d) Notwithstanding any other provision in this section, a person 19 or 20 years of age may be employed within the licensed premises of a hotel, restaurant, or eating place, may enter and remain within those premises for the purpose of employment, but may not in the course of employment, sell, serve, deliver, or dispense alcoholic beverages.
 Sec. 04.16.050. - Possession, control, or consumption by persons under the age of 21.
 (a) A person under the age of 21 years may not knowingly consume, possess, or control alcoholic beverages except those furnished persons under AS 04.16.051 (b).
 (b) A person who violates (a) of this section is guilty of a violation. Upon conviction in the district court, the court may impose a fine of not less than $100.
 Sec. 04.16.051. - Furnishing or delivery of alcoholic beverages to persons under the age of 21.
 (a) A person may not furnish or deliver an alcoholic beverage to a person under the age of 21 years.
 (b) This section does not prohibit the furnishing or delivery of an alcoholic beverage
 (1) by a parent to the parent's child, by a guardian to the guardian's ward, or by a person to the legal spouse of that person if the furnishing or delivery occurs off licensed premises; or
 (2) by a licensed physician or nurse to a patient in the course of administering medical treatment.
 (c) Acts unlawful under AS 11.51.130 are not made legal by (b) of this section.
 (d) A person acting with criminal negligence who violates this section is guilty of a class C felony if, within the five years preceding the violation, the person has been previously convicted under
 (1) this section; or
 (2) a law or ordinance of this or another jurisdiction with elements substantially similar to this section.
 Sec. 04.16.052. - Furnishing of alcoholic beverages to persons under the age of 21 by licensees.
 A licensee or an agent or employee of the licensee may not with criminal negligence
 (1) allow another person to sell, barter, or give an alcoholic beverage to a person under the age of 21 years within licensed premises;
 (2) allow a person under the age of 21 years to enter and remain within licensed premises except as provided in AS 04.16.049 ;
 (3) allow a person under the age of 21 years to consume an alcoholic beverage within licensed premises;
 (4) allow a person under the age of 21 years to sell or serve alcoholic beverages.
 Sec. 04.16.055. - Room rental for purposes of consuming alcoholic beverages.
 A person may not rent a room in a hotel, motel, resort, or similar business for the purpose of providing alcoholic beverages to a person under the age of 21 years.
 Sec. 04.16.060. - Purchase by or delivery to persons under the age of 21.
 (a) A person under the age of 21 years may not purchase alcoholic beverages or solicit another to purchase alcoholic beverages for the person under the age of 21.
 (b) A person may not influence the sale, gift, or service of an alcoholic beverage to a person under the age of 21 years, by misrepresenting the age of that person.
 (c) A person may not order or receive an alcoholic beverage from a licensee, an agent or employee of the licensee, or another person, for the purpose of selling, giving, or serving it to a person under the age of 21 years.
 (d) A person under the age of 21 years may not enter licensed premises where alcoholic beverages are sold and offer or present to a licensee or an agent or employee of the licensee a birth certificate or other written evidence of age, that is fraudulent or false or that is not actually the person's own, or otherwise misrepresent the person's age, for the purpose of inducing the licensee or an agent or employee of the licensee to sell, give, serve, or furnish alcoholic beverages contrary to law.
 (e) A person under the age of 21 who is seeking to enter and remain in a licensed premises under AS 04.16.049 (a)(2) or (3) may not misrepresent the person's age or having obtained the consent of the parent or guardian required by that section.
 Sec. 04.16.070. - Sales on election day.
 (a) A person may not sell, barter, give, consume, or dispose of alcoholic beverages within licensed premises
 (1) in the state on a day on which a statewide special, primary, or general election is held for the purpose of voting for a candidate for public office, until the polls have closed;
 (2) in a municipality on a day on which a local option election or an election is held for the purpose of voting for a candidate for public office, until the polls are closed.
 (b) The governing body of a municipality may provide by ordinance that the provisions of this section do not apply in a municipality.
 Sec. 04.16.080. - Sales or consumption at school events.
 A person may not sell or consume alcoholic beverages during a school event at the site of the event.
 Sec. 04.16.090. - Prohibition of bottle clubs.
 (a) A person may not maintain a place in which alcohol beverages are received or kept, or to which alcoholic beverages are brought, for consumption by members of the public or by members of a club, corporation, or association, unless the person is authorized to do so under this title.
 (b) A person may not maintain, operate, or lease premises for the purpose of providing, for a consideration, a place for drinking alcoholic beverages by members of the public or other persons, unless the person is authorized to do so under this title.
 (c) For the purposes of this section, "consideration" includes but is not limited to cover charge, the sale of food, ice, mixers, or other liquids used with alcoholic beverage drinks, or the furnishing of glassware or other containers for use in the consumption of alcoholic beverages.
 Sec. 04.16.100. - Restriction on size of containers.
 A person may not sell alcoholic beverages in 1/6 gallon or 1/10 gallon containers, nor may a person sell alcoholic beverages in a container deceptively similar in appearance to a container of a different volume.
 Sec. 04.16.110. - Sale of certain alcoholic beverages prohibited.
 A person may not sell an alcoholic beverage if it
 (1) is intended for human consumption and is in powdered form; or
 (2) contains more than 76 percent alcohol by volume.
 Sec. 04.16.120. - Removal or introduction of alcoholic beverages.
 (a) A person may not remove from licensed premises alcoholic beverages that have been sold or furnished for consumption only on the premises.
 (b) A person may not bring an alcoholic beverage into licensed premises for use or consumption by oneself or another person on the premises unless that person is a licensee, an agent, employee, or common carrier in the regular course of employment.
 Sec. 04.16.125. - Alcoholic beverages transported by common carrier.
 (a) A person may not use a common carrier to transport alcoholic beverages into an area that has restricted the sale of alcoholic beverages under AS 04.11.491 (a)(1), (2), or (3) or (b)(1) or (2) unless
 (1) the shipping container holding the alcoholic beverages is clearly labeled as containing alcoholic beverages with letters that contrast in color to the shipping container and that are at least two inches in height; and
 (2) an itemized invoice showing the quantity and purchase value of distilled spirits, of wine, and of malt beverages is attached to the outside of the shipping container.
 (b) This section does not apply to
 (1) a person transporting not more than
 (A) two liters of wine;
 (B) one gallon of malt beverages; or
 (C) one liter of distilled spirits; or
 (2) the transportation of alcoholic beverages for use on premises allowed under AS 04.11.491 (a)(2) - (3) or (b)(2) or for use under a permit allowed under AS 04.11.491 (a)(2).
 (c) In this section, "common carrier" means a motor vehicle, watercraft, aircraft, or railroad car available for public hire to transport freight or passengers.
 Sec. 04.16.130. - Stock confined to licensed premises.
 (a) Unless authorized under AS 04.21.060 , a licensee may not store before sale any alcoholic beverages elsewhere than on the premises indicated on the license.
 (b) This section does not apply to stocks of beer carried on a delivery truck by a licensed wholesaler if carried for the purpose of sale and delivery to persons licensed under this title in quantities of not less than 10 gallons for each sale.
 Sec. 04.16.140. - Sale or consumption of alcoholic beverages in a warehouse.
 Alcoholic beverages may not be sold or consumed on premises approved for storage under AS 04.21.060 .
 Sec. 04.16.150. - Licensee responsible for violations.
 A licensee may neither knowingly allow agents or employees to violate this title or regulations adopted under this title nor recklessly or with criminal negligence fail to act in accordance with the duty prescribed under AS 04.21.030 with the result that an agent or employee of the licensee violates a law or regulation.
 Sec. 04.16.170. - Source of alcoholic beverages.
 (a) Alcoholic beverages for consumption by the purchaser may not be sold unless obtained from a person licensed under this title.
 (b) A person transporting alcoholic beverages into the state may not sell those alcoholic beverages to a person not licensed under this title, unless the alcoholic beverages are used for religious, industrial, pharmaceutical, or medical purposes.
 Sec. 04.16.172. - Restrictions on purchase and sale of alcoholic beverages.
 A person licensed under AS 04.11.090 , 04.11.100, 04.11.110, or 04.11.150 may not purchase, sell, or offer for sale an alcoholic beverage unless the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under
 (1) AS 04.11.160 as a primary source of supply for the alcoholic beverage being purchased, sold, or offered for sale;
 (2) AS 04.11.150 and the alcoholic beverage being purchased, sold, or offered for sale was obtained from a person licensed under AS 04.11.160 as a primary source of supply; or
 (3) AS 04.11.130 , 04.11.140, or 04.11.170.
 Sec. 04.16.175. - Furnishing alcoholic beverages in aid of gambling enterprise.
 (a) An agent or employee of a gambling enterprise may not furnish an alcoholic beverage to a player.
 (b) In this section, "gambling enterprise" and "player" have the meanings given them in AS 11.66.280 .
 Sec. 04.16.180. - Penalties for violation.
 (a) Except as provided in AS 04.11.015 , AS 04.16.025 , AS 04.16.050 (b), 04.16.051, 04.16.200 - 04.16.210, and AS 04.21.065 , a person who violates a provision of this title or a regulation adopted by the board is guilty, upon conviction, of a class A misdemeanor. Each violation is a separate offense.
 (b) A suspension or revocation of a license ordered by the board under AS 04.11.370 (a)(4) and (5) shall be as follows:
 (1) on first conviction the license of the premises involved may not be revoked, but may be suspended for not more than 45 days;
 (2) on second conviction the license of the premises involved may not be revoked, but may be suspended for not more than 90 days;
 (3) on third conviction the license of the premises involved may be suspended or revoked.
 (c) In this section, the terms "second conviction" and "third conviction" include only convictions for violations that occur within five years of the first conviction. The terms refer to the cumulative number of convictions of a licensee of any combination of violations of the provisions of this title, regulations adopted under this title, or ordinances adopted under AS 04.21.010 . The terms "second conviction" and "third conviction" include a conviction of the agent or employee of a licensee of a violation of a law, regulation, or ordinance if the conviction constitutes a ground for suspension or revocation under AS 04.11.370(a)(5).
 (d) This section does not affect the authority of the board to suspend or revoke a license when the board determines that continuance of activities under a license would not be in the best interests of the public.
 Sec. 04.16.200. - Unlicensed persons.
 (a) Except as provided under (b) of this section, a person who violates AS 04.11.010 is, upon conviction, guilty of a class A misdemeanor.
 (b) A person who violates AS 04.11.010 in an area that has adopted a local option under AS 04.11.491 is, upon conviction, guilty of a class C felony.
 (c) It is an affirmative defense to a prosecution under (a) of this section that no profit was involved in the solicitation or receipt of an order for the delivery of an alcoholic beverage. However, the affirmative defense created under this subsection is not available in a prosecution of a person charged with selling or offering for sale alcoholic beverages to a person under 21 years of age.
 (d) Upon conviction of a person of a violation under (a) of this section, the court shall impose a minimum sentence of imprisonment of not less than 10 consecutive days. The execution of the sentence may not be suspended and probation or parole may not be granted until the minimum imprisonment provided in this subsection has been served. Imposition of sentence may not be suspended except upon the condition that the defendant be imprisoned for no less than the minimum period provided in this subsection.
 (e) A person who sends, transports, or brings alcoholic beverages into a municipality or established village in violation of AS 04.11.499 is, upon conviction,
 (1) guilty of a class A misdemeanor if the quantity imported is less than 12 liters of distilled spirits, 24 liters of wine, or 12 gallons of malt beverages; or
 (2) guilty of a class C felony if the quantity imported is 12 liters or more of distilled spirits, 24 liters or more of wine, or 12 gallons or more of malt beverages.
 Sec. 04.16.205. - Penalty for violating ban on possession of alcoholic beverages.
 (a) A person who possesses alcoholic beverages in a municipality or established village in violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may, upon conviction, be punished by a fine not to exceed $1,000 and shall forfeit the seized alcoholic beverages. When a peace officer stops or contacts a person concerning a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 , the peace officer shall seize the alcoholic beverages and may issue a citation to the person as provided in AS 12.25.180 .
 (b) A person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section may, within 30 days after the date the citation is issued,
 (1) mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer the amount of bail indicated on the citation and a copy of the citation indicating that the right to an appearance is waived, a plea of no contest is entered, and the bail and all alcoholic beverages seized are forfeited; or
 (2) perform community work in lieu of payment of the fine or a portion of the fine as provided in (d) of this section.
 (c) The supreme court shall establish by rule or order a schedule of bail amounts that may be forfeited without a court appearance for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 . In establishing the bail schedule the supreme court may consider the quantity of alcoholic beverages possessed and the number of prior violations of the person cited. Before establishing or amending the schedule of bail amounts required by this subsection, the supreme court shall appoint and consult with an advisory committee consisting of the following seven persons: one superior court judge, one magistrate from each judicial district in the state, a representative of the Department of Law, and a representative of the Public Defender Agency. The maximum bail amount may not exceed $1,000, and the issuing officer shall write on the citation the amount of bail applicable to the violation.
 (d) Community work shall be performed at the direction of the local governing body of the municipality or the local governing body of the established village. In the absence of a local governing body for an established village, community work shall be performed at the direction of the body that has traditionally performed public functions on behalf of the entire community. The value of community work in lieu of a fine is $5.00 per hour. When the community work is completed, the person cited for the violation shall mail or personally deliver to the clerk of the court in which the citation is filed by the peace officer
 (1) a form, prescribed by the administrative director of the Alaska Court System, indicating completion of the community work; and
 (2) a copy of the citation, indicating that the right to an appearance is waived, a plea of no contest is entered, and that the bail is forfeited or community work has been performed and that all alcoholic beverages seized are forfeited.
 (e) When bail has been forfeited or proof of performance of community work under this section has been filed with the court, a judgment shall be entered. Forfeiture of bail or filing proof of performance of community work and forfeiture of all seized items is a complete satisfaction for the violation. The clerk of court accepting the bail or the form indicating performance of community work shall provide the offender with a receipt stating that fact, if requested.
 (f) If the person fails to pay the bail amount established under (c) of this section, or fails to provide proof of performance as specified in (d)(1) of this section to the court, the citation is considered a summons.
 (g) Notwithstanding other provisions of law, if a person cited for a violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 for which a bail amount has been established under (c) of this section appears in court and is found guilty, the penalty that is imposed for the offense may not exceed the bail amount for that offense established under (c) of this section.
 (h) A violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501 may not be considered a criminal offense and may not result in imprisonment, nor is a fine imposed for a violation considered criminal punishment. A person cited for a violation does not have a right to a jury trial or court appointed counsel.
 (i) The commissioner of public safety shall prescribe and provide a suitable standard citation form that is in a form necessary to identify the offender, to identify the offense, and to meet the needs of public safety and administration of justice.
 (j) A municipality shall adopt a citation form that is equivalent to that prescribed by the commissioner under (i) of this section.
 Sec. 04.16.210. - Penalty for making false statement.
 If a false statement is made in an application under AS 04.11.260 - 04.11.290, the applicant is guilty of perjury and, upon conviction, is subject to the penalty provided by law for the crime of perjury under AS 11.56.200 .
 Sec. 04.16.220. - Forfeitures.
 (a) The following are subject to forfeiture:
 (1) alcoholic beverages manufactured, sold, offered for sale or possessed for sale, bartered or exchanged for goods and services in this state in violation of AS 04.11.010 ; alcoholic beverages possessed, stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ; alcoholic beverages sold, or offered for sale in violation of a local option adopted under AS 04.11.491 ; alcoholic beverages transported into the state and sold to persons not licensed under this chapter in violation of AS 04.16.170 (b);
 (2) materials and equipment used in the manufacture, sale, offering for sale, possession for sale, barter or exchange of alcoholic beverages for goods and services in this state in violation of AS 04.11.010; materials and equipment used in the stocking, warehousing, or storage of alcoholic beverages in violation of AS 04.21.060 ; materials and equipment used in the sale or offering for sale of an alcoholic beverage in an area in violation of a local option adopted under AS 04.11.491 ;
 (3) aircraft, vehicles, or vessels used to transport, or facilitate the transportation of
 (A) alcoholic beverages manufactured, sold, offered for sale or possessed for sale, bartered or exchanged for goods and services in this state in violation of AS 04.11.010 ;
 (B) property stocked, warehoused, or otherwise stored in violation of AS 04.21.060 ;
 (C) alcoholic beverages imported into a municipality or established village in violation of AS 04.11.499 ;
 (4) alcoholic beverages found on licensed premises that do not bear federal excise stamps if excise stamps are required under federal law;
 (5) alcoholic beverages, materials or equipment used in violation of AS 04.16.175 .
 (b) Property subject to forfeiture under this section may be actually or constructively seized under an order issued by the superior court upon a showing of probable cause that the property is subject to forfeiture under this section. Constructive seizure is effected upon posting a signed notice of seizure on the item to be forfeited, stating the violation and the date and place of seizure. Seizure without a court order may be made if
 (1) the seizure is incident to a valid arrest or search;
 (2) the property subject to seizure is the subject of a prior judgment in favor of the state; or
 (3) there is probable cause to believe that the property is subject to forfeiture under (a) of this section; except for alcoholic beverages possessed on violation of AS 04.11.501 or an ordinance adopted under AS 04.11.501, property seized under this paragraph may not be held over 48 hours or until an order of forfeiture is issued by the court, whichever is earlier.
 (c) Within 30 days of a seizure under this section the Department of Public Safety shall make reasonable efforts to ascertain the identity and whereabouts of any person holding an interest or an assignee of a person holding an interest in the property seized, including a right to possession, a lien, mortgage, or conditional sales contract. The Department of Public Safety shall notify the person ascertained to have an interest in property seized of the impending forfeiture, and before forfeiture the Department of Law shall publish, once a week for four consecutive calendar weeks, a notice of the impending forfeiture in a newspaper of general circulation in the judicial district in which the seizure was made, or if no newspaper is published in that judicial district, in a newspaper published in the state and distributed in that judicial district.
 (d) Property subject to forfeiture under (a) of this section may be forfeited
 (1) upon conviction of a person for a violation of AS 04.11.010 , 04.11.499, AS 04.21.060 , or AS 04.11.501 or an ordinance adopted under AS 04.11.501 ; or
 (2) upon judgment by the superior court in a proceeding in rem that the property was used in a manner subjecting it to forfeiture under (a) of this section.
 (e) The owner of property subject to forfeiture under (a) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if in an action under (d) of this section the owner shows that the owner was not a party to the violation and had no actual knowledge that the property was used or was to be used in violation of the law.
 (f) A person other than the owner holding, or the assignee of, a lien, mortgage, conditional sales contract on, or the right to possession to property subject to forfeiture under (a) of this section is entitled to relief from the forfeiture in the nature of remission of the forfeiture if in an action under (d) of this section the person shows that the person was not a party to the violation subjecting the property to forfeiture and had no actual knowledge that the property was used or was to be used in violation of the law.
 (g) It is no defense in an in rem forfeiture proceeding brought under (d)(2) of this section that a criminal proceeding is pending or has resulted in conviction or acquittal of a person charged with violating AS 04.11.010 , 04.11.499, or AS 04.21.060 .
 (h) Alcoholic beverages forfeited under (d) of this section shall be placed in the custody of a peace officer of the state and destroyed no later than 30 days after forfeiture. All other property forfeited under this section shall be placed in the custody of the commissioner of public safety for disposition according to an order entered by the court. The court shall order destroyed any property forfeited under this section that is harmful to the public and shall order any property forfeited under this section that was seized in a municipality to be transferred to the municipality in which the property was seized. Other property shall be ordered sold and the proceeds used for payment of expenses of the proceedings for forfeiture and sale, including expenses of seizure, custody, and court costs. The remainder of the proceeds shall be deposited in the general fund.
 Chapter 04.20. - GENERAL PROVISIONS
 Chapter 04.21. - GENERAL PROVISIONS
 Sec. 04.21.010. - Municipal regulation.
 (a) A municipality may adopt ordinances governing the importation, barter, sale, and consumption of alcoholic beverages within the municipality and may ban possession of alcoholic beverages under AS 04.11.491(a)(5). An ordinance adopted under this section may not be inconsistent with this title or regulations adopted under this title. In a municipality that has adopted a local option under AS 04.11.491(a)(1), (2), or (3), an ordinance is not inconsistent with this title if it limits
 (1) the monthly amounts of alcoholic beverages a person may import into the municipality;
 (2) the percent of alcohol by volume that an alcoholic beverage may contain; a limit imposed under this paragraph may not be less than 40 nor more than 76 percent alcohol by volume; or
 (3) the type of alcoholic beverage container that may be possessed in the municipality.
 (b) After the adoption of a local option under AS 04.11.491 (a), a municipality may adopt an ordinance making the sale, importation, or possession of alcoholic beverages a misdemeanor to the extent prohibited under the local option. The ordinance may not be inconsistent with this title or the regulations adopted under this title.
 (c) A municipality may not impose taxes on alcoholic beverages except a
 (1) property tax on alcoholic beverage inventories;
 (2) sales tax on alcoholic beverage sales if sales taxes are imposed on other sales within the municipality;
 (3) sales tax on alcoholic beverage sales that was in effect before July 1, 1985; and
 (4) sales and use tax on alcoholic beverages if the sale of alcoholic beverages within the municipality has been prohibited under AS 04.11.491(a)(1), (4), or (5).
 (d) At least 10 days before the date set for municipal action on an application for the issuance, renewal, relocation, or transfer of ownership of a proposed license, the municipality shall provide written notice of the proposed action and the time and place for a hearing to a community council that
 (1) is established by municipal charter or ordinance to advise the municipal governing body; and
 (2) has jurisdiction over the area affected by the proposed action.
 Sec. 04.21.015. - Private manufacture of alcoholic beverages.
 (a) Except as provided in (b) of this section, the provisions of this title do not apply to the private manufacture of alcoholic beverages.
 (b) This section does not apply to AS 04.16.050 , 04.16.051, 04.16.080; AS 04.21.010 , 04.21.020; alcoholic beverages manufactured in a quantity that exceeds the limit imposed on private manufacture under federal law; or an area that has adopted a local option law under AS 04.11.491 .
 Sec. 04.21.020. - Civil liability of persons providing alcoholic beverages.
 (a) A person who provides alcoholic beverages to another person may not be held civilly liable for injuries resulting from the intoxication of that person unless the person who provides the alcoholic beverages holds a license authorized under AS 04.11.080 - 04.11.220, or is an agent or employee of such a licensee and
 (1) the alcoholic beverages are provided to a person under the age of 21 years in violation of AS 04.16.051 , unless the licensee, agent, or employee secures in good faith from the person a signed statement, liquor identification card, or driver's license meeting the requirements of AS 04.21.050 (a) and (b), that indicates that the person is 21 years of age or older; or
 (2) the alcoholic beverages are provided to a drunken person in violation of AS 04.16.030 .
 (b) Notwithstanding (a) of this section, a person who sells or barters an alcoholic beverage to another person in violation of AS 04.11.010 is strictly liable (1) to the recipient or another person for civil damages if, while under the influence of the alcoholic beverage, the person receiving the alcoholic beverage engages in conduct that results in civil damages and the recipient's being under the influence of the alcoholic beverage substantially contributes to the civil damages; and (2) for the cost to the state or a political subdivision of the state to criminally prosecute a person who receives an alcoholic beverage from a person who violates AS 04.11.010 if the prosecution results from the violation of AS 04.11.010 described in this subsection. In this subsection, "civil damages" includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state.
 (c) In an action under (b) of this section, it is not a defense that the person receiving the alcoholic beverage voluntarily consumed the alcoholic beverage or that the person receiving the alcoholic beverage was voluntarily under the influence of the alcoholic beverage.
 Sec. 04.21.025. - Alcohol server education course.
 (a) As a condition of issuance or renewal of a license and selling alcoholic beverages under a license, the board shall require a licensee who sells or serves alcoholic beverages and a licensee's agents and employees who sell or serve alcoholic beverages or check the identification of a patron to complete an alcohol server education course approved by the board, if the license is for a
 (1) beverage dispensary;
 (2) restaurant or eating place;
 (3) club;
 (4) package store;
 (5) recreational site;
 (6) pub;
 (7) conditional contractor.
 (b) The subjects that are included in an approved alcohol server education course shall be determined under regulations adopted by the board. In approving alcohol server education courses, the board shall consider the needs of both urban and rural licensees regarding access to an approved alcohol server education course. A licensee, agent, or employee who sells or serves alcoholic beverages shall keep proof acceptable to the board of successful completion of an approved alcohol server education course on the licensed premises during working hours.
 (c) A licensee, agent, or employee shall complete the course required under (a) of this section not more than 30 days after being licensed or employed.
 (d) The board shall review an approved alcohol server education course at least once every three years.
 (e) A person licensed as a common carrier dispensary shall train agents and employees who sell or serve alcoholic beverages or who check the identification of a patron on provisions of state law regarding sale of alcoholic beverages, including AS 04.16.015 , 04.16.020, 04.16.030, 04.16.051, 04.16.052, 04.16.120, 04.16.125, AS 04.21.030 , and 04.21.050. The training must include the subjects of the effects of alcohol consumption, identifying a drunken person, determining valid identification, intervention to prevent unlawful alcohol consumption, and penalties for unlawful acts by agents and employees of licensees. A common carrier licensee shall, once every three years, provide the board with a description of its training program including the subjects taught, teaching method, and testing required.
 Sec. 04.21.030. - Responsibility of licensees, agents, and employees.
 The licensee has a duty to exercise that degree of care that a reasonable person would observe to ensure that a business under the person's control is lawfully conducted. This duty of the licensee includes, but is not limited
 (1) to ensuring the compliance by agents or employees with this title and regulations adopted under this title, including acting with reasonable diligence to determine that agents or employees are advised of the provisions of this title and the regulations adopted under this title, either by securing the agent's or employee's written acknowledgement of posted instructions or otherwise; and
 (2) to ensuring the compliance of the premises with public health, fire, and safety codes and ordinances of the state or municipality having jurisdiction.
 Sec. 04.21.040. - Sales on federal reservations.
 (a) A wholesaler of alcoholic beverages may sell alcoholic beverages to a person who does not have a license under this title who has a fixed place of business on land in the state maintained by the United States government as a military or naval reservation, a national park, or other federal reservation. A sale may be made under this section only if the purchaser is a ship's service store, officers club, officers mess, post exchange, or similar organization. The wholesaler may deliver alcoholic beverages only to persons specified and at places designated in a written order issued by the federal organization for which the purchase is made. A licensee making sales and deliveries under this section shall keep the original order attached to the copy of the invoice on file at the premises of the licensee.
 (b) Alcoholic beverages received on federal reservations under this section may not be removed for resale or public use outside the federal reservation.
 (c) A wholesaler who sells alcoholic beverages on a federal reservation under this section shall pay the state excise tax imposed by AS 43.60.010 on the alcoholic beverages sold and may subsequently claim credit for the excise taxes paid if the sale is made to an organization that is an instrumentality of the federal government.
 Sec. 04.21.050. - Proof of age.
 (a) If a licensee or an agent or employee of the licensee questions or has reason to question whether a person entering licensed premises, or ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure alcoholic beverages, has attained the age of 21 years or is entering without consent in violation of AS 04.16.049 (a)(3) and has not attained the age of 16 years, that licensee, agent, or employee shall require the person to furnish proof of age acceptable under (b) of this section or proof of consent in a form determined by the board. If the person questioned does not furnish proof of age acceptable under (b) of this section, or if a licensee, agent, or employee questions or has reason to question the validity of the proof of age furnished, the licensee, employee, or agent shall require the person to sign a statement that the person is over the age of 21 or 16 years, as appropriate. This statement shall be made on a form prepared by and furnished to the licensee by the board.
 (b) A valid driver's license or a valid identification card is acceptable as proof of age when used for identification in the purchase of alcoholic beverages and for securing entry to and remaining on premises where alcoholic beverages are sold if the license or identification card is made of or encased in plastic and contains a photograph of the license or card holder and a statement of age or date of birth.
 (c) A licensee, or an agent or employee of the licensee, may not be charged for a violation of AS 04.16.051 - 04.16.052 if a signed statement as provided in (a) of this section is secured in good faith, or a valid driver's license or identification card is presented indicating that the owner and possessor of the presented driver's license or identification card is 21 or 16 years of age or over, as appropriate.
 Sec. 04.21.055. - Refusal of service.
 A licensee, an agent, or employee may refuse to sell, give, or serve alcoholic beverages to a person if the licensee, agent, or employee reasonably believes that the consumption of alcohol by that person may result in serious harm to that person or to others.
 Sec. 04.21.060. - Warehousing of alcoholic beverages.
 A licensee may stock, warehouse, or otherwise store alcoholic beverages in a place elsewhere than premises indicated on the license if
 (1) the premises to be used for storage are inspected and approved by the board before their use;
 (2) the use of the premises for storage is authorized by local zoning ordinances; and
 (3) the premises are accessible for inspection as provided in AS 04.11.630.
 Sec. 04.21.065. - Posting of warning signs.
 (a) A holder of one of the following types of licenses or permits shall post on the licensed or designated premises two separate warning signs as described in (b) of this section:
 (1) beverage dispensary license;
 (2) restaurant or eating place license;
 (3) club license;
 (4) brewery license; this paragraph applies only to a brewery that permits a person to sample portions of the brewery's product;
 (5) package store license;
 (6) common carrier dispensary license;
 (7) recreational site license;
 (8) pub license;
 (9) winery license; this paragraph applies only to a winery that permits a person to sample portions of the winery's product;
 (10) caterer's permit;
 (11) special events permit;
 (12) conditional contractor's permit;
 (13) another license or permit issued by the board authorizing consumption of alcoholic beverages.
 (b) The warning signs required by (a) of this section must be at least 11 inches by 14 inches and the lettering must be at least one-half inch high and in contrasting colors. The first sign must read, "WARNING: Drinking alcoholic beverages such as beer, wine, wine coolers, and distilled spirits or smoking cigarettes during pregnancy can cause birth defects." The second sign must read, "WARNING: A person who provides alcoholic beverages to a person under 21 years of age, if convicted under AS 04.16.051 , could be imprisoned for up to five years and fined up to $50,000." The license or permit holder shall display the signs in a manner that would make them conspicuous to a person who will be purchasing or consuming alcoholic beverages or smoking cigarettes on the licensed or designated premises.
 (c) The board shall furnish a sign required under this section to a person who requests it with the intention of displaying it.
 (d) A peace officer may issue a citation for a violation of this section. The provisions of AS 12.25.180 (b) and 12.25.190 - 12.25.230 apply to the issuance of a citation under this subsection.
 (e) An employee of the board designated by the board to enforce this section may issue a citation for a violation of this section regardless of whether the violation was committed in the employee's presence. A citation issued under this subsection must be in the same form and shall be processed in the same manner as a citation issued by a peace officer under (d) of this section. An employee of the board may not arrest a person for a violation of this section.
 (f) A holder of a license or permit who violates this section 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 $20 nor more than $300. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.
 (g) The supreme court shall establish a schedule of bail amounts for violations of this section. The bail amount may not exceed the maximum fine that may be imposed for the violation under (f) of this section. The bail amount for a violation must appear on the citation.
 (h) A person cited for a violation under this section may, within 15 days 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 the 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.
 (i) When bail has been forfeited under (h) 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.
 (j) If the person cited fails to pay the bail amount established under (g) of this section or to appear in court as required, the citation is considered a summons for a misdemeanor.
 (k) The board or any affected party may institute an action in the superior court to enjoin repeated violations of this section.
 (l) Notwithstanding AS 04.11.370 , the board is not required to suspend or revoke a license or permit for a violation of this section; however, the board may consider a violation of this section when determining under AS 04.11.370 (a)(2) whether continuation of activities authorized under a license or permit would be in the best interests of the public.
 Sec. 04.21.070. - Enforcement.
 Peace officers shall investigate and report to the board violations of this title.
 Sec. 04.21.080. - Definitions.
 (a) In this title
 (1) a person acts with "criminal negligence" with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;
 (2) a person acts "knowingly" with respect to conduct or to a circumstance described by a provision of law defining an offense when the person is aware that the person's conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist; a person who is unaware of conduct or a circumstance of which the person would have been aware had the person not been intoxicated acts knowingly with respect to that conduct or circumstance;
 (3) a person acts "recklessly" with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had the person not been intoxicated acts recklessly with respect to that risk.
 (b) In this title
 (1) "alcoholic beverage" means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage and that contains one-half of one percent or more of alcohol by volume, whether produced commercially or privately; however, in an area that has adopted a local option under AS 04.11.491, "alcoholic beverage" means a spirituous, vinous, malt, or other fermented or distilled liquid, whatever the origin, that is intended for human consumption as a beverage by the person who possesses or attempts to possess it and that contains alcohol in any amount if the liquid is produced privately, or that contains one-half of one percent or more of alcohol by volume, if the liquid is produced commercially;
 (2) "board" means the Alcoholic Beverage Control Board;
 (3) "bottling" means to put into a bottle, can, or other container;
 (4) "community work" means and is limited to work on projects designed to reduce or eliminate environmental damage, protect the public health, or improve public land, forests, parks, roads, highways, facilities, or education; community work may not confer a private benefit on a person except as may be incidental to the public benefit;
 (5) "designated premises" means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee for the purpose for which the permit is issued by the board at the location of the site for which the permit is issued;
 (6) "director" means the director of the Alcoholic Beverage Control Board;
 (7) "distributing point" means a location where alcoholic beverages are distributed from a warehouse;
 (8) "drunken person" means a person whose physical or mental conduct is substantially impaired as a result of the introduction of an alcoholic beverage into the person's body and who exhibits those plain and easily observed or discovered outward manifestations of behavior commonly known to be produced by the overconsumption of alcoholic beverages;
 (9) "established village" means an area that does not contain any part of an incorporated city or another established village and that is
 (A) an unincorporated community that is in the unorganized borough and that has 25 or more permanent residents; or
 (B) an unincorporated community that is in an organized borough, has 25 or more permanent residents, and
 (i) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
 (ii) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality;
 (10) "licensed premises" means any or all designated portions of a building or structure, rooms or enclosures in the building or structure, or real estate leased, used, controlled, or operated by a licensee in the conduct of business for which the licensee is licensed by the board at the specific address for which the license is issued;
 (11) "local governing body" means, as appropriate, a city council, a borough assembly, or a traditional village council, but does not include a corporation established under the Alaska Native Claims Settlement Act.
 Title 05 - AMUSEMENTS AND SPORTS
 Chapter 05.05. - ATHLETIC COMMISSION
 Sec. 05.05.010. - Creation and duties of athletic commission.
 (a) There is created an athletic commission within the Department of Commerce and Economic Development. The commission consists of four members appointed by the governor. One member of the commission shall be appointed from each of the four judicial districts. The commissioners shall be appointed for overlapping four-year terms. Members of the commission serve at the pleasure of the governor and shall be selected on the basis of their known interest in and knowledge of athletics in the state.
 (b) The commission shall act in an advisory capacity to the commissioner of athletics and shall perform other duties assigned to it by the commissioner.
 Sec. 05.05.020. - Commissioner of athletics.
 (a) The governor shall appoint the commissioner of athletics to serve at the governor's pleasure. The commissioner shall be selected on the basis of knowledge of and contribution to athletics in the state. The commissioner serves for a period of five years.
 (b) The commissioner shall, with the aid and counsel of the commission, adopt regulations governing athletics and athletic programs and contests as the commissioner considers necessary, expedient, and appropriate. The regulations have the force and effect of law.
 Sec. 05.05.030. - Professional and semi-professional athletic programs.
 (a) [Repealed, Sec. 35 ch 126 SLA 1994].
 (b) Nothing in this chapter gives the commissioner or the commission jurisdiction over the athletes or the athletic programs of any elementary or high school or a college or university.
 (c) Each member of the commission shall attend and supervise all boxing and wrestling events in the member's area unless an official inspector attends the event under AS 05.10.110 . A member may attend other athletic events in the member's area that the member considers necessary. A member may provide for the attendance of a physician whose fees shall be paid for by the promoter or manager of the event.
 Sec. 05.05.040. - Meetings and compensation of athletic commission.
 The commission may meet at least once a year at the call of the governor. When called, the members of the commission may, at the election of the governor, receive travel expenses incurred in carrying out the purposes of this chapter. A member may receive the per diem allowance for time spent at meetings allowed by law or by executive order.
 Chapter 05.10. - BOXING AND WRESTLING
 Sec. 05.10.010. - Licenses for boxing and wrestling matches.
 The athletic commission may issue, and for cause, revoke a license to conduct boxing contests, sparring or wrestling matches, or exhibitions as provided in this chapter under terms and conditions and at times and places as the commission may determine. The holder of a license may conduct boxing contests, sparring and wrestling matches, and exhibitions under terms and conditions and at times and places as the commission may determine. If the commission refuses to grant a license to an applicant, or cancels a license, the applicant, or the holder of the cancelled license may, upon application, have a hearing under the provisions of AS 44.62 (Administrative Procedure Act).
 Sec. 05.10.020. - Power of commission.
 The commission shall direct, supervise, and control all boxing contests, or sparring and wrestling matches or exhibitions conducted inside the state and a boxing contest, sparring or wrestling match or exhibition may not be held inside the state except in accordance with the provisions of this chapter.
 Sec. 05.10.030. - License for contest at which admission is charged; exemption for student contests.
 The commission may issue and, for cause, revoke a license to conduct, hold, or give boxing, sparring and wrestling contests, matches, and exhibitions where an admission fee is charged by a club, corporation, organization, association, or fraternal society. However, boxing contests, sparring or wrestling matches or exhibitions conducted by an elementary school, high school, college, or university, whether public or private, or by the official student association thereof, whether on or off the school, college, or university grounds, where all the participating contestants are bona fide students enrolled in an elementary school, high school, college, or university, inside the state, are not subject to this chapter.
 Sec. 05.10.040. - Examination of participants in nonlicensed contests.
 Every contestant in a boxing contest, sparring or wrestling match not conducted under this chapter shall be examined within eight hours before the contest by a practicing physician. The examining physician may disqualify any contestant the physician considers physically unfit to participate.
 Sec. 05.10.050. - Regulations applicable to educational institutions.
 The scholastic organizations exempted from the provisions of this chapter shall comply with the regulations of the commission applicable to boxing contests, sparring or wrestling matches, or exhibitions conducted by it.
 Sec. 05.10.060. - License required.
 Except as provided in this chapter, a boxing contest, sparring or wrestling match or exhibition may not be conducted inside the state except under a license issued in accordance with this chapter and the regulations of the commission.
 Sec. 05.10.070. - Application for license.
 A club, corporation, organization, association, or fraternal society affected by this chapter may apply to the commission for a license. An application must be in writing and upon a form prescribed by the commission and must be verified in the manner the commission requires and accompanied by an annual license fee of $100.
 Sec. 05.10.080. - Duration of license.
 The licenses provided for in AS 05.10.070 and 05.10.120 shall be issued for a six-month or 12-month period and shall expire on June 30 and December 31 of each year.
 Sec. 05.10.090. - Licensee bond.
 A licensee shall file a good and sufficient bond in the sum of $1,000 with the commission in cities of fewer than 10,000 inhabitants and a good and sufficient bond in the sum of $2,500 in cities of more than 10,000 inhabitants. The bond must be conditioned for the faithful performance by the licensee of the provisions of this chapter, the payment of the taxes as provided for in this chapter, and the obeying of all regulations of the commission. The bond is subject to the approval of the attorney general.
 Sec. 05.10.100. - Statement and report of contest.
 A licensee shall, within three days before the holding of a boxing contest, sparring or wrestling match, or exhibition, file with the commission a statement setting forth the name of each contestant, the contestant's manager, and other information the commission requires. One week after the completion of the contest, the licensee shall file with the Department of Revenue and the commission a written verified report, showing the number of tickets sold for the contest, the price charged for them and the gross proceeds from the sale, and other information the commission requires.
 Sec. 05.10.110. - Inspectors.
 The commission may appoint official inspectors. In the absence of a member of the commission, at least one inspector shall be present at any boxing contest, sparring or wrestling match, or exhibition held under this chapter. An inspector shall carry a card signed by the chairman of the commission evidencing the inspector's authority. The inspector shall see that all regulations of the commission and the provisions of this chapter are strictly complied with and shall be present at the accounting of the gross receipts of the contest. An inspector may receive from the licensee the statement of receipts provided for in this chapter and shall immediately transmit the statement to the commission and to the Department of Revenue. An inspector is entitled to a fee not exceeding $7.50 for each contest officially attended.
 Sec. 05.10.120. - Annual licenses to participants; fees; designation of referee.
 (a) The commission may grant annual licenses upon application in compliance with the regulations adopted by the commission and the payment of the fees prescribed for managers, referees, examining physicians, boxers, wrestlers, seconds, and trainers.
 (b) The following is the schedule of annual fees:
 (1) examining physicians, $10;
 (2) managers, $50;
 (3) referees, $10;
 (4) seconds, $10;
 (5) trainers, $10;
 (6) boxers, $10;
 (7) wrestlers, $10.
 (c) This section does not apply to contestants or participants in strictly amateur contests or fraternal organizations or veterans' organizations chartered by congress or a federal department or a bona fide athletic club holding and promoting athletic contests or smokers where all funds are used primarily for the benefit of their members.
 (d) The annual license may be revoked by the commission for cause under AS 44.62 (Administrative Procedure Act).
 (e) The commission shall designate the referee for the contest from among licensed referees.
 (f) A person may not participate or serve in any of the above capacities unless licensed as provided in this chapter.
 Sec. 05.10.130. - Participation in purse or conducting sham contest.
 A person or a member of any group of persons or corporation promoting wrestling or boxing exhibitions or contests who participates directly or indirectly in the purse or fee of a manager of a boxer or wrestler or a boxer or a wrestler, and a licensee who conducts or participates in any sham or fake boxing contest or sparring match or exhibition, forfeits the license granted under this chapter and the commission shall declare the license cancelled and void and the licensee may not thereafter receive another license.
 Sec. 05.10.140. - Suspensions for violations.
 A contestant who participates in a sham or fake boxing contest or sparring match or exhibition or who violates a regulation of the commission shall be penalized as follows:
 (1) for the first offense the contestant shall be restrained by order of the commission for a period of at least three months from participating in a contest held under the provisions of this chapter, with the suspension taking effect immediately after the occurrence of the offense;
 (2) for a second offense the contestant shall be permanently suspended from participation in a contest held under the provisions of this chapter.
 Sec. 05.10.150. - Failure to make reports.
 Whenever a licensee fails to make a report of a contest within the time prescribed by this chapter or when the report is unsatisfactory to the commission or to the Department of Revenue, the secretary shall examine the books and records of the licensee. The secretary may subpoena and examine under oath the licensee and any other person the secretary considers necessary to a determination of the total gross receipts from a contest and the amount of tax on the receipts. If, upon the completion of the examination, it is determined that an additional tax is due, notice shall be served upon the licensee, and, upon failure to pay the additional tax within 20 days after service of the notice, the licensee forfeits the license and is permanently disqualified from receiving a new license. In addition the licensee and the members thereof are jointly and severally liable to the state in the penal sum of $1,000.
 Sec. 05.10.160. - Penalty for conducting contests without license.
 A person, club, corporation, organization, association, or fraternal society conducting boxing, sparring, or wrestling contests or exhibitions without a license is guilty of a misdemeanor.
 Sec. 05.10.170. - General penalty.
 A person violating a provision of this chapter for which no penalty is provided in this chapter is guilty of a misdemeanor.
 Chapter 05.12. - ARCTIC WINTER GAMES
 Sec. 05.12.010. - Arctic Winter Games.
 (a) A person may not use, display, or publish the symbol of the Arctic Winter Games, consisting of the triple circle symbol and ulu combination, for commercial purposes or private gain without the written authorization of the Arctic Winter Games International Committee.
 (b) A person may not use, display, or publish any name, title, or device that tends to indicate that the person is affiliated with or supported by the Arctic Winter Games without the written authorization of the Arctic Winter Games International Committee.
 (c) A person who violates a provision of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $100. Each day of unauthorized use, display, or publication is a separate offense.
 Chapter 05.15. - GAMES OF CHANCE AND CONTESTS OF SKILL
 Sec. 05.15.010. - Department of Revenue to administer chapter.
 The Department of Revenue shall administer this chapter.
 Sec. 05.15.020. - Annual permit and fees.
 (a) A municipality or qualified organization may conduct an activity permitted under this chapter, if the municipality or qualified organization (1) applies for a permit, pays the appropriate permit fee, and receives an annual permit issued by the department; and (2) designates a member in charge and at least one alternate member in charge under AS 05.15.112 who have passed the examination required by AS 05.15.112 .
 (b) An additional fee of one percent of the net proceeds received during the preceding year from the activities authorized under the permit shall be paid to the department annually by the municipality or qualified organization authorized to conduct activities under this chapter, if the gross receipts for the activities were $20,000 or more.
 (c) The annual permit fee under (a) of this section is
 (1) $20 for an applicant that did not hold a permit during the preceding year;
 (2) $20 for an applicant that had gross receipts of less than $20,000 from activities conducted under this chapter during the preceding year;
 (3) $50 for an applicant that had gross receipts of $20,000 or more but not exceeding $100,000 from activities conducted under this chapter during the preceding year; or
 (4) $100 for an applicant that had gross receipts exceeding $100,000 from activities conducted under this chapter during the preceding year.
 Sec. 05.15.025. - Money deposited in general fund. [Repealed, Sec. 28 ch 90 SLA 1991].
 Repealed or Renumbered
 Sec. 05.15.030. - Required notices by applicant, permittee, or licensee.
 (a) At the time of filing an application for a permit or license under this chapter, the applicant shall notify the city or borough nearest to the location of the proposed activity of the application. A local government unit may protest the conduct of the activity in its jurisdiction by resolution stating the reasons for the protest filed with the department; protests are limited to the lack of qualifications prescribed by this chapter. This resolution is only a recommendation by the local government that may be considered by the department in determining whether to issue or refuse to issue a permit or license.
 (b) [Repealed, Sec. 5 ch 105 SLA 1995].
 (c) If a permittee or licensee changes the location of an activity in the jurisdiction for which a permit has been issued, the permittee shall notify the department and the local government within 10 days after moving to the new location.
 Sec. 05.15.040. - Issuance, effect, and term of permit.
 After the fee is paid, a permit issued, and during the effective period of the permit, the municipality or qualified organization may conduct the activity specified in the permit. A municipality that has been issued a permit under this chapter may not conduct any activity authorized by the permit outside of the geographic boundaries of the municipality. If a permit is revoked, the permittee is not eligible for another permit until the expiration of one year from the date of revocation. A permit expires at the end of the period for which it is issued. A permit is not transferable.
 Sec. 05.15.050. - Surrender of permit upon suspension or revocation.
 When a permit is suspended or revoked, the permittee shall surrender the permit to the department on or before the effective date of the suspension or revocation. A permit is not valid beyond the effective date of the suspension or revocation, whether surrendered or not.
 Sec. 05.15.060. - Regulations.
 (a) The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) necessary to carry out this chapter covering, but not limited to,
 (1) the issuance, renewal, and revocation of permits, licenses, and vendor registrations;
 (2) a method of ascertaining net proceeds, the determination of items of expense that may be incurred or paid, and the limitation of the amount of the items of expense to prevent the proceeds from the activity permitted from being diverted to noncharitable, noneducational, nonreligious, or profit-making organizations, individuals, or groups;
 (3) the immediate revocation of permits, licenses, and vendor registrations authorized under this chapter if this chapter or regulations adopted under it are violated;
 (4) the requiring of detailed, sworn, financial reports of operations from permittees and licensees including detailed statements of receipts and payments;
 (5) the investigation of permittees, licensees, registered vendors, and their employees, including the fingerprinting of those permittees, licensees, registered vendors, and employees whom the department considers it advisable to fingerprint;
 (6) the method and manner of conducting authorized activities and awarding of prizes or awards, and the equipment that may be used;
 (7) the number of activities that may be held, operated, or conducted under a permit during a specified period; however, the department may not allow more than 14 bingo sessions a month and 35 bingo games a session to be conducted under a permit; the holders of a multiple-beneficiary permit under AS 05.15.100 (d) may hold, operate, or conduct the number of sessions and games a month equal to the number allowed an individual permittee per month multiplied by the number of holders of the multiple-beneficiary permit;
 (8) a method of accounting for receipts and disbursements by operators, including the keeping of records and requirements for the deposit of all receipts in a bank;
 (9) the disposition of funds in possession of a permittee, a person, municipality, or qualified organization that possesses an operator's license, or a registered vendor at the time a permit, a license, or a vendor registration is surrendered, revoked, or invalidated;
 (10) restrictions on the participation by employees of the Department of Fish and Game in salmon classics and in king salmon classics, and by employees of Douglas Island Pink and Chum in king salmon classics;
 (11) other matters the department considers necessary to carry out this chapter or protect the best interest of the public.
 (b) Regulations adopted by the department under this section relating to charitable gaming activity involving pull-tabs shall, to the extent permitted by this chapter, be consistent with the standards on pull-tabs of the North American Gaming Regulators Association, as amended from time to time.
 Sec. 05.15.070. - Examination of books and records.
 The department may examine or have examined the books and records of a permittee, an operator, a registered vendor, or a person licensed to manufacture or to distribute pull-tab games in the state. The department may issue subpoenas for the attendance of witnesses and the production of books, records, and other documents.
 Sec. 05.15.080. - Reports and fees required of municipalities and qualified organizations.
 (a) A municipality or a qualified organization issued a permit under this chapter shall file a report with the department by the 45th day following each calendar quarter in which the permittee had gross receipts of $50,000 or more from activities authorized under this chapter. The report must include the type of activity conducted, the date and location of the activity, the amount of gross receipts, the amount of authorized expenses, the value of prizes awarded, the amount of net proceeds, and other information the department may require. However, if the only activity conducted by a municipality or qualified organization during a calendar quarter is a raffle or lottery, then the municipality or qualified organization is not required to file a report under this subsection until the raffle or lottery is completed.
 (b) A municipality or a qualified organization issued a permit under this chapter shall file an annual report with the department by March 15 of the year following the year in which activities were conducted, accompanied by the payment of the additional fee, as may be required under AS 05.15.020 (b). The report must list the types of activities conducted, and, for each activity, the total amount of gross receipts, the total amount of authorized expenses, the total value of prizes awarded, and the total amount of net proceeds.
 Sec. 05.15.083. - Reports to department by operators.
 (a) An operator shall file a report with the department by the last business day of the month following each calendar quarter in which an activity was conducted. The report must include, for each authorizing permittee on whose behalf an activity was conducted during the quarter, the date and location of each activity, the type of activity conducted, the amount of gross receipts, the amount of authorized expenses, the value of prizes awarded, the amount of net proceeds paid, and other information the department may require; a completed Internal Revenue Service Form 941; and a copy of the operator's employer contributions and wage reports submitted to the Department of Labor for the quarter. However, if the only activity conducted by an operator during the calendar quarter is a raffle or lottery, then the operator is not required to file a report under this subsection until the raffle or lottery is completed.
 (b) An operator shall file an annual report with the department no later than February 28 of the year following the year in which activities were conducted. The report must include, for each authorizing permittee on whose behalf an activity was conducted, the types of activities conducted, the total amount of gross receipts, the total amount of authorized expenses, the total value of prizes awarded, and the total amount of net proceeds paid to each authorizing permittee. The annual report must also include a completed Internal Revenue Service Form W-2 for each person employed by the operator during the preceding year.
 Sec. 05.15.087. - Operator's reports to permittee and payment of net proceeds.
 Sec. 05.15.087. Operator's reports to permittee and payment of net proceeds.
 (a) An operator shall file a monthly report with each authorizing permittee for which the operator has conducted an activity during the preceding month. The report must include a daily summary of activity conducted under the permit issued to the authorizing permittee and an accounting of gross receipts, expenses, and net proceeds for the month. A check in the amount of the net proceeds due to the authorizing permittee for the month must accompany the report. The operator shall file the report by the 15th day after the end of the month covered by the report.
 (b) An operator shall file a quarterly report with each authorizing permittee for which the operator has conducted an activity during the preceding calendar quarter. The report must contain quarterly summaries and year-to-date totals of the information provided under (a) of this section. The operator shall file the report by the last day of the month following the end of the calendar quarter.
 (c) An operator shall file an annual report with each authorizing permittee for which the operator has conducted an activity during the preceding calendar year. The report must contain an annual summary of the information provided under (a) of this section. The operator shall file this report by February 28 of the year following the year in which the activities were conducted.
 (d) An operator shall provide original invoice documents and deposit slips upon the request of an authorizing permittee for whom the operator has conducted activities.
 Sec. 05.15.090. - Agency reports.
 Before April 15 of each year, the department shall prepare a detailed report containing a summary of all reports required of permittees and operators. The attorney general and the commissioner of public safety shall, within 10 days after the convening of the legislature each year, jointly prepare a detailed report outlining the effect, if any, of the operation of this chapter on the legal and law enforcement activities of the state and notify the legislature that the report is available.
 Sec. 05.15.095. - General provisions relating to the filing of applications and reports and payment of fees.
 (a) The applications and reports to the department required by this chapter shall be signed under penalty of unsworn falsification by the following person, as applicable:
 (1) the member in charge for the qualified organization;
 (2) a person authorized to sign on behalf of the municipality;
 (3) the operator or the operator's agent;
 (4) the licensed pull-tab distributor or the distributor's agent; or
 (5) the licensed pull-tab manufacturer or the manufacturer's agent.
 (b) A permittee or operator may not conduct an activity under this chapter during a period in which a report or fee is delinquent.
 (c) A delinquent fee bears interest at the rate set by AS 43.05.225 .
 (d) A permittee or licensee under this chapter shall pay a penalty of one percent of the unpaid balance, as determined by the department, of a fee due under this chapter for each 30-day period or part of a 30-day period that the fee is delinquent. The department may waive the penalty if the failure to pay the fee on time is due to a reasonable cause, as defined by regulation adopted by the department. The amount of the penalty may not exceed 25 percent of the unpaid fee.
 Sec. 05.15.097. - Notice to the alcoholic beverage control board.
 If, after notice and hearing, the department determines that a person has violated a provision of this chapter related to gambling and the person is a licensee or permittee under AS 04, the department shall provide notice of the violation to the Alcoholic Beverage Control Board.
 Sec. 05.15.100. - Issuance of permits and licenses.
 (a) The department may issue a permit to a municipality or qualified organization. The permit gives the municipality or qualified organization the privilege of conducting bingo, raffles and lotteries, pull-tab games, ice classics, race classics, rain classics, goose classics, mercury classics, deep freeze classics, mushing sweepstakes, canned salmon classics, salmon classics, king salmon classics, dog mushers' contests, snow machine classics, fish derbies, and contests of skill.
 (b) [Repealed, Sec. 5 ch 105 SLA 1995].
 (c) The department may issue an operator's license to a natural person to conduct an activity permitted under this chapter on behalf of a municipality or a qualified organization. The department may also issue an operator's license to a municipality or a qualified organization to conduct an activity on behalf of another municipality or qualified organization.
 (d) The department may issue a multiple-beneficiary permit to two to six municipalities or qualified organizations or to a combination of two to six municipalities and qualified organizations that apply jointly for the permit. The permit gives the permit holders the privilege of jointly conducting the activities specified in (a) of this section.
 Sec. 05.15.105. - Persons prohibited from involvement; exceptions.
 (a) If a person has been convicted of a violation of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it had been committed in this state, a felony, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws
 (1) the department may not issue a license to the person;
 (2) the department may not issue a license to, or register as a vendor, an applicant who employs the person in a managerial or supervisory capacity or uses the person as a fund raiser or consultant;
 (3) the department may not issue a permit for an activity if the person is responsible for the operation of the activity;
 (4) the person may not be employed in a managerial or supervisory capacity by a licensee or vendor or used as a fund raiser or consultant by a licensee or vendor;
 (5) the person may not participate in charitable gaming as a permittee, licensee, or vendor.
 (b) The department shall adopt regulations that provide that a disqualification of a person under (a) of this section based upon a conviction of that person for a violation
 (1) of a law of this state that is, or a law or ordinance of another jurisdiction that would be if it was committed in this state, a class B felony other than extortion, a class C felony, or an unclassified felony described outside of AS 11, and that is not a crime of dishonesty or theft or a violation of gambling laws, terminates 10 years after the person's conviction;
 (2) of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws, and that is not, or would not be if it was committed in this state, an unclassified felony described in AS 11, a class A felony, or extortion, terminates 10 years after the person's conviction, if the department determines that the
 (A) person is of good character, honesty, and integrity; and
 (B) person's involvement in charitable gaming is not against the public interest.
 Sec. 05.15.110. - Authorized activities a privilege.
 The activities specified in AS 05.15.100 may be permitted as a privilege and do not confer a right upon any person to conduct the activities.
 Sec. 05.15.112. - Member in charge.
 (a) Each municipality or qualified organization that applies for a permit under this chapter shall designate a member in charge and at least one alternate member in charge. The member in charge and alternate members in charge designated must have passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter. The department shall administer the test at least four times a year. Municipalities and qualified organizations that hold a multiple-beneficiary permit shall jointly designate one member in charge and at least one alternate member in charge.
 (b) The member in charge is responsible for preparation, maintenance, and transmittal of all records and reports required of the permittee, and, if the permittee has entered into a contract with an operator under AS 05.15.115 , for monitoring the operator's performance under and compliance with that contract. The alternate members in charge are responsible for the duties of the member in charge in the absence of the member in charge. The member in charge and the alternate members in charge shall be members of the qualified organization or the board of directors of the qualified organization or employees of the municipality. In the case of a multiple-beneficiary permit, the member in charge and the alternate members in charge shall be members of one of the qualified organizations or the board of directors of one of the qualified organizations or employees of one of the municipalities.
 (c) The member in charge shall monitor the operator's performance under and compliance with contracts for the conduct of activities on behalf of the authorizing permittee.
 (d) The municipality or qualified organization, or the holders of a multiple-beneficiary permit, shall designate alternate members in charge who are responsible for the duties of the member in charge in the absence of the member in charge.
 (e) If a permittee's designated member in charge or sole alternate member in charge resigns or is no longer able to serve as member in charge or alternate member in charge, the permittee has six months to replace the member in charge or alternate member in charge with a person who meets the requirements of this section, and to notify the department of the replacement. If after six months the permittee has not replaced the member in charge or alternate member in charge with a person who meets the requirements of this section, or has not notified the department of the replacement, the permittee's permit is suspended until the requirements of this subsection are met.
 Sec. 05.15.115. - Contracts between permittees and operators.
 (a) A municipality or qualified organization holding a permit to conduct an activity under this chapter may enter into a contract with an operator licensed under this chapter to conduct on behalf of the municipality or qualified organization those activities permitted under the authority of the permit.
 (b) The contract between an authorizing permittee and an operator must include the amount and form of compensation to be paid to the operator, the term of the contract, the activities to be conducted by the operator on behalf of the permittee, the location where the activities are to be conducted, the name and address of the member in charge, and other provisions the department may require.
 (c) A permittee may not contract with more than one operator at a time to conduct the same type of activity. For the purposes of this subsection, bingo games, raffles, lotteries, pull-tab games, ice classics, race classics, rain classics, goose classics, mercury classics, deep freeze classics, mushing sweepstakes, canned salmon classics, salmon classics, king salmon classics, dog mushers' contests, snow machine classics, fish derbies, and contests of skill are each a different type of activity.
 (d) A permittee shall submit by certified mail to the department for approval a copy of each contract with an operator with whom the permittee contracts to conduct activities subject to this chapter. The contract must meet the requirements of this section. The department shall approve or disapprove the contract. If the contract is disapproved, reasons for the disapproval shall be provided in writing to the permittee. Activities may not be conducted under the contract before the contract is approved. Subsequent amendments to an approved contract do not take effect until the amendments are approved by the department.
 Sec. 05.15.120. - Eligibility for permit.
 An applicant shall be a municipality or qualified organization to be eligible for a permit.
 Sec. 05.15.122. - Operator's license.
 Sec. 05.15.122. Operator's license.
 (a) A person, municipality, or qualified organization may not conduct an activity subject to this chapter on behalf of a municipality or qualified organization unless the person, municipality, or qualified organization has received an operator's license issued by the department.
 (b) The department may issue an operator's license to a natural person, municipality, or qualified organization that
 (1) applies on the form provided by the department;
 (2) pays the annual fee of $500;
 (3) discloses the identity of persons employed by the applicant in a managerial or supervisory capacity;
 (4) submits proof of liability insurance satisfactory to the department;
 (5) posts a bond or security satisfactory to the department in the amount of $25,000 for each permit under which the operator operates up to a maximum of $100,000; and
 (6) if a natural person, has passed a test formulated by the department on the contents of this chapter and the regulations adopted under this chapter and administered by the department at least four times a year; or, if a municipality or qualified organization, has designated a municipal employee or member of the organization who has passed this test.
 (c) [Repealed, Sec. 37 ch 70 SLA 1993].
 (d) [Repealed, Sec. 37 ch 70 SLA 1993].
 Sec. 05.15.124. - Municipal regulation of operators or vendors.
 A municipality may by ordinance prohibit an operator or a vendor from conducting activities under this chapter within the municipality.
 Sec. 05.15.128. - Revocation of operator's license.
 Sec. 05.15.128. Revocation of operator's license.
 (a) The department shall revoke the license of an operator who does not
 (1) report an adjusted gross income of at least 15 percent of gross income annually based on the total operation of the operator; or
 (2) pay to each authorizing permittee annually at least 30 percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least 10 percent of the adjusted gross income, as determined under (1) of this subsection, from a gaming activity other than pull-tabs, received from activities conducted on behalf of the authorizing permittee.
 (b) A person, municipality, or qualified organization whose operator's license has been revoked under this section may appeal the revocation if the person, municipality, or qualified organization submits to and pays for a complete audit of the operator's financial records by the department. The results of the audit are conclusive.
 Sec. 05.15.130. - Department may impose additional requirements.
 The department may supplement the definitions of qualified organizations and activities by regulations adopted under this chapter adding to the definitions additional requirements that the department considers necessary for the best interests of the public or for the proper administration of this chapter.
 Sec. 05.15.140. - Proof necessary to qualify for permit.
 (a) The department may not issue or renew a permit except upon satisfactory proof that the applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the department, the applicant shall prove conclusively each of these requirements before a permit may be issued or renewed.
 (b) In an application for a permit, a municipality or qualified organization shall disclose the name and address of each person responsible for the operation of the activity and whether any person named
 (1) has been convicted of a violation of a law of this state that is, or a law or ordinance of another state that would be if committed in this state, an unclassified felony described in AS 11, a Class A felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishonesty or a violation of gambling laws; or
 (2) has a prohibited financial interest, as defined in regulations adopted by the department, in the operation of the activity.
 (c) [Repealed, Sec. 37 ch 70 SLA 1993].
 (d) Application forms for permits must contain a notice that a false statement in the application is punishable by law.
 Sec. 05.15.145. - Multiple-beneficiary permits.
 (a) Two to six municipalities or qualified organizations, or a combination of two to six municipalities and qualified organizations, may jointly apply for a multiple-beneficiary permit under AS 05.15.100(d). The commissioner may not issue or renew a permit except upon satisfactory proof that each joint applicant is a municipality or qualified organization, the activity may be permitted under this chapter, and the issuance of a permit is not detrimental to the best interests of the public. Upon request of the commissioner, the joint applicants shall prove conclusively each of these requirements before a permit may be issued or renewed.
 (b) The provisions of AS 05.15.140 (b) - (d) apply to multiple-beneficiary permits and applications for them.
 (c) A municipality or qualified organization that is among the holders of a multiple-beneficiary permit may withdraw from the permit by giving written notice of intent to withdraw to the department and to the other holders of the permit. The effective date of the withdrawal is 30 days after the department receives written notice of intent. A municipality or qualified organization that withdraws from a multiple-beneficiary permit may apply for a permit under AS 05.15.100 (a), but its share of the prizes awarded under the multiple-beneficiary permit and the prizes it awards under its own permit are subject to the maximums established in AS 05.15.180 (g).
 (d) The holders of a multiple-beneficiary permit shall jointly file reports with the department that comply with the reporting requirements imposed on operators under AS 05.15.083 .
 Sec. 05.15.150. - Limitation on use of proceeds.
 (a) The authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to political, educational, civic, public, charitable, patriotic, or religious uses in the state. "Political, educational, civic, public, charitable, patriotic, or religious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, or through aiding candidates for public office or groups that support candidates for public office, or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include
 (1) the direct or indirect payment of any portion of the net proceeds of a bingo or pull-tab game to a lobbyist registered under AS 24.45;
 (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses; or
 (3) [Effective January 1, 1997] the direct or indirect payment of any portion of the net proceeds of a charitable gaming activity, except the proceeds of a raffle and lottery,
 (A) to aid candidates for public office or groups that support or oppose candidates for public office;
 (B) to a political party or to an organization affiliated with a political party; or
 (C) to a group, as that term is defined in AS 15.13.400 , or a political group, as that term is defined in AS 15.60, that seeks to influence the outcome of an election.
 (b) The net proceeds derived from the activity must be devoted within one year to one or more of the uses stated in (a) of this section. A municipality or qualified organization desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request.
 Sec. 05.15.160. - Authorized expenses.
 (a) The only expenses that may be incurred or paid in connection with the operation of an activity under a permit issued under this chapter are bona fide expenses reasonably necessary for
 (1) goods, wares, and merchandise necessary for the operation of the activity;
 (2) personal services involved with the operation of the activity, including those performed by
 (A) an employee of the permittee; or
 (B) an operator hired by the permittee to conduct the activity if the compensation is not related to the receipts from the activity.
 (b) Municipalities, qualified organizations, and operators may pay their employees a reasonable amount in wages or other compensation for personal services rendered by their employees while the employees are engaged in activities subject to this chapter. A reasonable amount of compensation is an amount approximating the amount ordinarily paid by similar businesses for similar work performed under similar circumstances.
 (c) The total amount of authorized expenses that may be incurred under (a) of this section in connection with a pull-tab activity may not exceed 70 percent of the adjusted gross income from that pull-tab activity.
 (d) The total amount of authorized expenses that may be incurred under (a) of this section in connection with any gaming activity other than pull-tabs may not exceed 90 percent of the adjusted gross income from that gaming activity.
 Sec. 05.15.165. - Operators.
 (a) An operator shall pay net proceeds to the authorizing permittee by check.
 (b) If the department finds that an operator has incurred expenses that are not authorized under AS 05.15.160 , the department shall order the operator to refund to the authorizing permittee the amount of the unauthorized expenses. The operator shall pay the authorizing permittee interest on the amount ordered to be paid at the rate of 1.5 percent a month for each month or fraction of a month between the date of the activity and the date the refund is made.
 (c) The operator shall post in a public place on the premises where the activities are conducted the operator's license and a copy of the permit of each authorizing permittee with whom the operator has a contract to conduct activities at the location.
 (d) An operator shall obtain liability insurance covering each location where the licensee conducts an activity subject to this chapter. The operator shall provide upon request proof of insurance for each location to the department. The operator and the insurer shall inform the department of changes in the coverage of the insurance or of cancellation of the insurance. Cancellation of the insurance immediately suspends the rights of the operator to conduct activities under this chapter at the location covered by the insurance until subsequent insurance is obtained.
 (e) An operator shall have its financial records reviewed annually by a certified public accountant. The operator shall submit the results of the review to the department by February 28 of the year following the year for which the review is conducted.
 (f) An operator may not
 (1) charge losses resulting from bad checks or uncollectable debts against the net proceeds due to the authorizing permittee;
 (2) extend credit to players;
 (3) employ house players;
 (4) allow the operator's employees to play a game conducted by the operator at the location where the employee works for the operator.
 Sec. 05.15.167. - Operator's bond.
 Sec. 05.15.167. Operator's bond.
 (a) The bond or security filed under AS 05.15.122 (b) must be made payable to the department and must be conditioned upon payment of the amounts due to the department and payment of net proceeds due to the authorizing permittee. If the operator fails to make the required payments, the operator forfeits the bond or security to the department.
 (b) The amount forfeited under (a) of this section shall be first used to satisfy delinquent fees, interest, and penalties due the department under this chapter. If the bond or security is not exhausted by payment of delinquent fees, interest, and penalties, the department may use the remaining amount to pay net proceeds due an authorizing permittee. The total amount available for payment of net proceeds shall be prorated among the permittees to whom proceeds are due from that operator.
 (c) The operator and the surety shall inform the department if the bond is cancelled or the security is impaired.
 Sec. 05.15.170. - Suspension or revocation of permit, license, or vendor registration.
 (a) The department may suspend, for a period of up to one year, or revoke a permit, license, or vendor registration, after giving notice to and an opportunity to be heard by the permittee or licensee, if the permittee, licensee, or vendor
 (1) violates or fails to comply with a requirement of this chapter or of a regulation adopted under this chapter;
 (2) breaches a contractual agreement with a permittee, licensee, or registered vendor;
 (3) becomes disqualified to participate in charitable gaming as provided in AS 05.15.105 ; for the purposes of this paragraph, a permittee, licensee, or vendor that is not a natural person is considered convicted if an owner or manager of the permittee, licensee, or vendor is convicted;
 (4) knowingly submits false information to the department or, in the case of a registered vendor, to a permittee when the vendor knows that the false information will be submitted to the department as part of an application for registration; or
 (5) gives or acts upon any inside information on the status of the prizes awarded or to be awarded in a pull-tab game.
 (b) If the department revokes a license or vendor registration under this section, it may prohibit the licensee or vendor from reapplying for a license or vendor registration for a period of not more than five years. If the department revokes a permit under this section, it may prohibit the permittee from reapplying for a permit for a period of not more than one year.
 Sec. 05.15.180. - Limitations on authorized activity.
 (a) This chapter does not authorize the use of playing cards, dice, roulette wheels, coin-operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling or any other method or implement not expressly authorized by the department.
 (b) With the exception of raffles, lotteries, bingo games, pull-tab games, race classics, rain classics, goose classics, mercury classics, deep freeze classics, dog mushers' contests, snow machine classics, mushing sweepstakes, canned salmon classics, salmon classics, and king salmon classics, an activity may not be licensed under this chapter unless it existed in the state in substantially the same form and was conducted in substantially the same manner before January 1, 1959. A snow machine classic may not be licensed under this chapter unless it has been in existence for at least five years before the licensing.
 (c) [Repealed, Sec. 5 ch 105 SLA 1995].
 (d) The total value of door prizes offered or awarded under authority of a permit issued to a municipality or qualified organization under this chapter or under authority of a multiple-beneficiary permit may not exceed $20,000 a month or $240,000 a year.
 (e) The total value of all door prizes offered or awarded at a single facility or bingo hall or parlor by an operator on behalf of authorizing permittees may not exceed $20,000 a month or $240,000 a year.
 (f) A person under the age of 19 years may not play a bingo game.
 (g) A municipality or a qualified organization may award a maximum of $1,000,000 in prizes each year in activities authorized under this chapter; however, if a municipality or a qualified organization contracts with an operator to conduct on its behalf activities authorized under this chapter, the municipality or qualified organization may award a maximum of $500,000 in prizes each year. The holders of a multiple-beneficiary permit under AS 05.15.100 (d) may award a maximum in prizes each year of $1,000,000 times the number of holders of the permit for activities authorized under this chapter. In this subsection "activities authorized under this chapter" means all activities subject to this chapter other than bingo.
 Sec. 05.15.181. - Pull-tab manufacturer's license.
 Sec. 05.15.181. Pull-tab manufacturer's license.
 (a) A person may not manufacture pull-tabs in the state, and may not sell or distribute a pull-tab that the person has manufactured outside of the state to persons in the state, unless the person has received a pull-tab manufacturer's license issued by the department.
 (b) The department may issue a pull-tab manufacturer's license to a person who pays an annual fee of $2,500.
 (c) Each series of pull-tabs manufactured in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department.
 (d) A pull-tab manufacturer may distribute pull-tabs only to a licensed pull-tab distributor unless the pull-tab manufacturer is also a licensed pull-tab distributor.
 (e) Each pull-tab manufacturer shall report to the department by the last business day of the month on each series of pull-tabs distributed during the preceding month, including the serial number of each series distributed and the name of the distributor to whom the series was distributed.
 Sec. 05.15.183. - Pull-tab distributor's license.
 Sec. 05.15.183. Pull-tab distributor's license.
 (a) A person may not distribute pull-tab games unless the person has received a pull-tab distributor's license issued by the department.
 (b) The department may issue a pull-tab distributor's license to a person who pays an annual fee of $1,000.
 (c) Pull-tabs may be distributed only from a location in the state. A person may not distribute pull-tabs directly to another person in the state from a location outside of this state.
 (d) A pull-tab distributor shall report to the department by the last business day of each month on each pull-tab series distributed in the preceding month. The report must include the name of the permittee to whom each series of pull-tabs is distributed and the serial number of each series.
 (e) A distributor may not
 (1) take an order for the purchase of a pull-tab series from a vendor;
 (2) sell a pull-tab series to a vendor; or
 (3) deliver a pull-tab series to a vendor.
 Sec. 05.15.184. - Pull-tab tax.
 A pull-tab distributor shall collect a tax of three percent of an amount equal to the gross receipts less prizes awarded on each series of pull-tabs distributed. The pull-tab distributor shall pay to the department the tax collected in the preceding month at the time that the report under AS 05.15.183 (d) is filed with the department.
 Sec. 05.15.185. - Distribution of pull-tab games.
 Each series of pull-tabs distributed in the state must be sealed and have a serial number label issued by the National Association of Fundraising Ticket Manufacturers or other serial number label approved by the department and may be distributed only to
 (1) a municipality or a qualified organization that has obtained a permit issued under this chapter;
 (2) an operator on behalf of an authorizing permittee; or
 (3) a distributor licensed under this chapter.
 Sec. 05.15.187. - Operation of pull-tab games.
 (a) A municipality or qualified organization may operate pull-tab games. Pull-tabs shall be obtained from a licensed distributor.
 (b) A pull-tab series may not be sold at more than one location during the same day.
 (c) Pull-tabs from different series may not be mixed or combined, unless 10 percent or less of a series remains unsold, in which case, the remaining pull-tabs may be combined with a different series having an identical price and prize structure.
 (d) A pull-tab series may not be withdrawn from sale until all pull-tabs in the series are sold, except that a pull-tab series may be withdrawn from sale if a manufacturing defect exists in the series and the department is notified of the defect and of the withdrawal from sale within a period established by regulation by the department.
 (e) Pull-tabs may not be sold to a person under the age of 21 years. A person under the age of 21 years may not purchase a pull-tab.
 (f) Each permittee that had gross receipts exceeding $100,000 during the preceding year from activities conducted under this chapter or that is required to report under AS 05.15.080 (a), that conducts a pull-tab game shall maintain records for two years of each prize of $50 or more, the first day and last day that each series was distributed, the serial number of each series, and the distributor from whom each series was purchased. In this section "permittee" includes municipalities and qualified organizations that jointly hold a multiple-beneficiary permit.
 (g) Notwithstanding other provisions of this chapter, a pull-tab game that confers an additional right upon all or some of the purchasers of a pull-tab series to participate in a lottery for additional prizes may not be conducted in the state unless a surety bond in the amount of $250,000 conditioned upon payment of all prizes and awards when due is submitted to the department by the operator or authorizing permittee and approved by the attorney general.
 (h) An owner, manager, or employee of a person holding a permit or license under this chapter, or registered under this chapter as a vendor, may not purchase a pull-tab from a pull-tab series manufactured, distributed, or sold by the permittee, licensee, or registered vendor.
 (i) A permittee, operator, or registered vendor may not turn over a prize of $50 or more to a person with a pull-tab card entitling the person to that prize unless the person signs a receipt for the prize and returns the receipt to the permittee, operator, or vendor. The receipt must be in a form approved by the department.
 Sec. 05.15.188. - Pull-tab sales by vendors on behalf of permittees; vendor registration.
 (a) A permittee may contract with a vendor to sell pull-tabs on behalf of the permittee, if the permittee first registers the vendor with the department by applying for registration on a form prescribed by the department and by submitting the registration fee of $50 for each location at which the vendor will sell pull-tabs.
 (b) Upon approval of the vendor registration, the department shall issue an endorsement to the permittee's permit that authorizes the conduct of pull-tab sales at that vendor location.
 (c) The endorsement issued under (b) of this section is an extension of the permittee's privilege under AS 05.15.100 to conduct pull-tab sales in this state. A vendor may not sell a pull-tab series until a copy of the permit containing the endorsement for the new vendor location has been posted by the permittee in the registered vendor establishment. The endorsed permit must be clearly visible to the gaming public.
 (d) A separate endorsement shall be issued for each vendor location. The permittee shall inform the department when a vendor with whom the permittee is contracting changes the physical location at which pull-tabs are sold, and shall return to the department all copies of a permit endorsed to a vendor that is no longer selling pull-tabs on behalf of the permittee. Failure to inform the department of a change in vendor location, or to return the endorsed copies of a permit to the department after a vendor change, may constitute grounds for the suspension or revocation of a permittee's permit.
 (e) At the time that a permittee annually renews its permit, it shall also renew the registration of all locations where a vendor is selling pull-tabs on the permittee's behalf and shall pay a registration fee of $50 for each vendor location.
 (f) A permittee that uses a vendor to sell pull-tabs on its behalf shall enter into a written contract with that vendor. The department may inspect this contract. If the contract contains provisions that violate this chapter or the regulations adopted under it, the department may declare the contract void, and may suspend or revoke the registration of the vendor and the permit of the permittee.
 (g) A person, other than a permittee's member-in-charge, may not directly supply a pull-tab series to a registered vendor for sale by that vendor on behalf of the permittee.
 (h) If a permittee contracts with a vendor under (a) of this section, the contract must provide that the permittee shall receive no less than 70 percent of the ideal net.
 (i) An amount equal to the ideal net less the compensation owed to the vendor shall be paid by the vendor to the member-in-charge upon delivery of a pull-tab series to the vendor for sale. The amount required to be paid by the vendor shall be paid by check and the check may not be drawn in a manner that the payee is not identified.
 (j) An operator may not contract with or use a vendor to sell pull-tabs.
 (k) A permittee may not contract with more than five vendors under this section.
 Sec. 05.15.190. - 05.15.198. - [Renumbered as AS 05.15.600 - 05.15.625].
 Repealed or Renumbered
 Sec. 05.15.200. - 05.15.210. - [Renumbered as AS 05.15.680 - 05.15.690].
 Repealed or Renumbered
 Chapter 05.20. - RECREATIONAL DEVICES
 Sec. 05.20.010. - Owners or operators to provide safe equipment.
 An owner or operator of a device as defined in AS 05.20.120 shall construct, furnish, maintain, and provide safe and adequate facilities and equipment with which to safely and properly receive and carry all persons offered to and received by the owner or operator of the device, and to promote the safety of the patrons, employees, and the public. The owner or operator of ski equipment and devices is not considered a common carrier.
 Sec. 05.20.012. - Liability for accidents in skiing areas. [Repealed, Sec. 4 ch 80 SLA 1980. For current law, see AS 09.65.135 ].
 Repealed or Renumbered
 Sec. 05.20.020. - Department of Labor to inspect devices.
 The Department of Labor is responsible for the inspection of devices.
 Sec. 05.20.030. - Powers and duties of department.
 The department has the following powers and duties:
 (1) whenever the department, after hearing called upon its own motion or upon complaint, finds that additional apparatus, equipment, facilities, or devices for use or in connection with a device should reasonably be provided, or repairs or improvements to, or changes in, a device in use should reasonably be made, or additions or changes in construction should reasonably be made, in order to promote the security and safety of the public or employees, it may make and serve an order directing the repairs, improvements, changes, or additions to be made;
 (2) if the department finds that the equipment, appliances, apparatus, or other structures of the device are defective, and that the operation of the device is dangerous to the employees of the owner or operator of it or to the public, it shall immediately give notice to the owner or operator of the repairs or reconstruction necessary to place the device in a safe condition, and may prescribe the time within which they shall be made; if, in its opinion, it is necessary or proper, the department may prohibit the operation of the device until the device is repaired and placed in a safe condition.
 Sec. 05.20.040. - Personnel to inspect devices.
 The department shall designate a person qualified in experience and training as the inspector of devices. The department may employ additional employees as are necessary to administer this chapter. The inspector and the employees may be hired on a temporary basis or borrowed from other state departments or political subdivisions of the state, or the department may contract with individuals or firms for the inspecting service on an independent basis. The department shall prescribe the salary or other remuneration for this service. Contracting under this section is governed by AS 36.30 (State Procurement Code).
 Sec. 05.20.050. - Duties of inspector; condemnation.
 The inspector of devices and the inspector's assistants shall inspect all equipment and appliances connected with devices and make reports of inspection to the department. The inspector shall, on discovering defective equipment or appliances, making the use of the equipment dangerous, immediately report this to the owner or operator of the device, and to the department. If in the opinion of the inspector the continued operation of the defective equipment constitutes an immediate danger to the safety of the persons operating or being conveyed by the equipment, the inspector may condemn the equipment and shall immediately notify the department of the action.
 Sec. 05.20.060. - Annual inspections.
 The inspector of devices and the inspector's assistants shall inspect each device at least once each year.
 Sec. 05.20.070. - Regulations.
 The department may adopt reasonable regulations and codes relating to public safety in the construction, operation, and maintenance of devices. The regulations and codes must be in accordance with established standards, if any, and may not be discriminatory in their application.
 Sec. 05.20.080. - Application of Administrative Procedure Act.
 The procedure for review of the orders or actions of the department, its agents or employees, is the same as that contained in AS 44.62 (Administrative Procedure Act).
 Sec. 05.20.090. - State not liable for injury or damage.
 Inspections, regulations, and orders of the department do not impose liability upon the state for injury or damage resulting from the operation of the facilities regulated by this chapter. An action of the department and its personnel is an exercise of the police power of the state.
 Sec. 05.20.100. - Authority of political subdivisions to regulate devices.
 This chapter does not impair the authority or responsibility of a political subdivision with regard to the local enforcement of licensing, safety, or police regulations authorized by local ordinance or state law if the department determines that the standards employed by the political subdivision are at least equal to those adopted by the department. The authority of a political subdivision for the licensing, safety, or police regulation of devices extends to a point five miles outside the territorial limits of the political subdivision if no other political subdivision of the state is exercising similar authority over the same devices.
 Sec. 05.20.110. - Exclusion of transportation devices under jurisdiction of other agencies from chapter.
 This chapter does not extend to the department or to political subdivisions authority to adopt regulations pertaining to transportation facilities or devices subject to the regulatory jurisdiction of other state or local agencies.
 Sec. 05.20.120. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "department" means the Department of Labor;
 (2) "device" means a device that is designed and operated for the conveyance or movement of persons and that is used as a source of or aids in the promoting of entertainment, pleasure, play, relaxation or instruction, including but not limited to ski tows, roller coasters, merry-go-rounds, and Ferris wheels.
 Chapter 05.25. - WATERCRAFT
 Article 01 - SAFETY REQUIREMENTS
 Sec. 05.25.010. - Safety requirements.
 (a) A watercraft operated on inland waters must carry and exhibit between sunset and sunrise at least one white light to show all around the horizon.
 (b) A watercraft operated on inland waters must carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort approved by the United States Coast Guard for each person on board, so placed as to be readily accessible. A watercraft carrying passengers for hire must carry, so placed as to be readily accessible, at least one life preserver of the sort approved by the United States Coast Guard for passenger-carrying watercraft for each person on board.
 (c) A motor-driven watercraft operated for hire must carry a fire extinguisher capable of promptly and effectually extinguishing burning gasoline.
 (d) The operator of a watercraft on the water of the state may not transport a person under 13 years of age on the deck of a watercraft or in an open watercraft unless the person is wearing a United States Coast Guard approved Type I, Type II, or Type III flotation device. In this subsection, "personal flotation device" does not include a life belt or life ring.
 Sec. 05.25.012. - Diver's flag.
 Sec. 05.25.012. Diver's flag.
 A person who is in the water using an underwater breathing device may display a diver's flag constructed of rigidly supported material at least 12 inches by 12 inches in area of red background with a white diagonal stripe. This diver's flag may be displayed on a boat or surface float and must extend a minimum distance of three feet from the surface of the water. The diver's flag shall be placed at or near the point of submergence and constitutes a warning that a diver is submerged and may be within 100 feet of the flag. A diver shall remain within 100 feet of the diver's flag while at or near the surface. A boat operator within sight of a diver's flag shall proceed with caution, steering clear of the flag by a distance of 100 feet. Outside commercial shipping lanes, boats maneuvering within a 100-foot radius of a diver's flag shall be slowed to no-wake speeds or five miles per hour, whichever is necessary to maintain steerage in the seaway. A diver's flag shall be displayed only while diving operations are underway.
 Sec. 05.25.020. - Water skis and surfboards.
 (a) A person may not operate a watercraft on the inland waters of this state for towing a person on water skis, or a surfboard, or similar devices unless (1) the watercraft is equipped with a rearview mirror in which the person being towed can be viewed, or (2) there is in the watercraft a person of 12 years of age or older in addition to the operator, in a position to observe the progress of the person being towed.
 (b) A person may not operate a watercraft on the water of the state to tow a person under 13 years of age on water skis, a surfboard, or similar device unless the person being towed is wearing a United States Coast Guard approved Type I, Type II, or Type III personal flotation device. In this subsection, "personal flotation device" does not include a life belt or life ring.
 Sec. 05.25.030. - Collisions, accidents, and casualties.
 (a) The operator of a watercraft involved in a collision, accident, or casualty shall give to other persons affected by the collision, accident, or casualty assistance that is necessary to save them from or minimize any danger caused by the collision, accident, or casualty, and shall give the operator's name, address, and identification of the operator's watercraft in writing to any person injured and to the owner of any property damaged in the collision, accident, or casualty.
 (b) In the case of collision, accident, or casualty involving a watercraft, the operator of the watercraft, if the collision, accident, or casualty results in death or injury to a person or damage to property in excess of $100, shall file with the department a full description of the collision, accident, or casualty, including information the department, by regulation, requires.
 Sec. 05.25.040. - Owner's civil liability.
 Sec. 05.25.040. Owner's civil liability.
 The owner of a watercraft is liable for injury or damage caused by the negligent operation of the owner's watercraft whether the negligence consists of a violation of a state statute, or neglecting to observe ordinary care in the operation of the watercraft as the rules of the common law require. The owner is not liable, however, unless the watercraft is used with the owner's express or implied consent. It is presumed that the watercraft is being operated with the knowledge and consent of the owner, if at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, daughter, or other member of the owner's immediate family. This chapter does not relieve any other person from a liability that the person would otherwise incur, and does not authorize or permit recovery in excess of injury or damage actually incurred.
 Sec. 05.25.050. - Declaration of policy.
 It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels in recreational pursuits in inland waters and to promote uniformity of laws relating thereto.
 Sec. 05.25.060. - Prohibited operation.
 (a) A person may not operate a watercraft whether for recreational purposes or any other purpose or manipulate water skis, a surfboard, or a similar device on the waters of the state in a reckless or negligent manner so as to endanger the life or property of another person.
 (b) A person may not operate a watercraft whether for recreational purposes or any other purpose in violation of AS 28.35.030 on the waters of the state while under the influence of any intoxicating liquor, narcotic drug, barbiturate, or marijuana.
 Sec. 05.25.070. - Exemptions.
 Watercraft and persons operating watercraft are exempt from this chapter, except AS 05.25.060 (b), when participating in the area set aside for a public regatta, race, marine parade, tournament, or exhibition on inland waters.
 Sec. 05.25.080. - Enforcement.
 A peace officer may enforce this chapter and in the exercise of enforcement may stop and board watercraft subject to this chapter.
 Sec. 05.25.090. - Penalties.
 (a) Except as provided in (b) of this section, a person who violates a provision of this chapter is guilty of a misdemeanor and is punishable by a fine of not more than $500, or by imprisonment of not more than six months, or by both, for each violation unless that person is convicted of a violation of AS 28.35.030 , in which case the sentence shall be in accordance with AS 28.35.030 .
 (b) A person who violates AS 05.25.010 (d) or 05.25.020(b) is guilty of a violation, as defined in AS 11.81.900 , and may be fined up to $50.
 Sec. 05.25.100. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "department" means the Department of Public Safety;
 (2) "operate" means to navigate or otherwise use a watercraft for recreational purposes as opposed to business, subsistence, or commercial purposes;
 (3) "watercraft" means every description of vessel, other than a seaplane on the water, used or capable of being used as a means of transportation on water and devoted to recreational pursuits unless otherwise expressly provided in this chapter; and excepting vessels having a valid marine document issued by the United States or foreign governments;
 (4) "waters of the state" means all waters, fresh or salt, inland or coastal, within the territorial limits or under the jurisdiction of the state.
 Chapter 05.30. - SNOW VEHICLES
 Chapter 05.35. - SPORTS FACILITIES GRANTS
 Sec. 05.35.010. - Grant of funds for sports facilities.
 Subject to direct appropriation or through the proceeds of a bonding issue, the state shall make matching grants to municipalities of an amount equal to $50 per capita, based on the population of the municipality, to pay not more than one-half of the cost of construction of a facility to be used principally for sports.
 Sec. 05.35.020. - Application and disbursement.
 Application for a grant under AS 05.35.010 - 05.35.070 shall be made before June 30, 1974. Funds shall be disbursed upon demonstration that a proposed facility is of the type contemplated by AS 05.35.010 - 05.35.070 and that the applicant will pay its share of the cost of construction.
 Sec. 05.35.030. - Maintenance and employment of facility.
 A municipality shall maintain a facility and employ it, or cause it to be employed, for the uses intended by AS 05.35.010 - 05.35.070 by direct operation, by operation through a contract manager, or by lease.
 Sec. 05.35.040. - Power of municipality.
 A municipality may own, maintain, and employ a facility constructed under AS 05.35.010 - 05.35.070. The exercise of this power on an areawide basis is at the option of the borough and is not subject to the restrictions on acquiring additional areawide powers in AS 29.35.300 - 29.35.330.
 Sec. 05.35.050. - Limitation.
 No more than one grant under AS 05.35.010 - 05.35.070 may be made within an organized borough. If an organized borough refuses or fails to undertake a project within one year of July 1, 1972, a first class city within that organized borough may undertake a sports facility project.
 Sec. 05.35.060. - Administration.
 The commissioner shall administer the grant program and in so doing liberally interpret AS 05.35.010 - 05.35.070.
 Sec. 05.35.070. - Definitions.
 In AS 05.35.010 - 05.35.070
 (1) "commissioner" means the commissioner of commerce and economic development;
 (2) "cost of construction" includes, in addition to costs directly related to the project, the sum total of all costs of financing and carrying out of 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; it does not include the cost of promotion, travel, or feasibility studies;
 (3) "facility" means a covered stadium or arena or any combination of them, or any other similar structure or structures, including related improvements such as parking areas, locker rooms, concession stands, restaurants, offices, press boxes, rest rooms, and storage areas, and including fixed or portable equipment, used in the operation of the facility;
 (4) "municipality" means an organized borough of any class or a first class city outside an organized borough;
 (5) "population" means the population of a municipality established by the final official 1970 U.S. Census or other reliable population data;
 (6) "used principally for sports" means that the major use of a facility shall be for sporting events such as baseball games, rodeos, football games, soccer games, track and field meets, ice hockey matches, basketball games, and boxing and wrestling matches, viewed by spectators in substantial numbers, and that the use of a facility may be for organized participant sports and nonsports activities for which similar facilities are commonly used.
 Sec. 05.35.100. - Alaska Winter Olympics account. [Repealed, Sec. 2 ch 6 SLA 1986].
 Repealed or Renumbered
 Sec. 05.35.150. - Alaska amateur sports fund. [Repealed, Sec. 12 ch 42 SLA 1997].
 Repealed or Renumbered
 Chapter 05.40. - ALASKA AMATEUR SPORTS AUTHORITY
 Chapter 05.45. - SKI LIABILITY, SAFETY, AND RESPONSIBILITY
 Sec. 05.45.010. - Limitation on actions arising from skiing.
 Notwithstanding any other provision of law, a person may not bring an action against a ski area operator for an injury resulting from an inherent danger and risk of skiing.
 Sec. 05.45.020. - Effect of violations.
 (a) A ski area operator or other person who violates a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040, or a regulation adopted by the Department of Labor under AS 05.20.070 is negligent and civilly liable to the extent the violation causes injury to a person or damage to property.
 (b) Notwithstanding the provisions of AS 09.17.080 ,
 (1) the limitation of liability described under AS 05.45.010 is a complete defense in an action against a ski area operator for an injury if an inherent danger or risk of skiing is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040 , or a regulation adopted by the Department of Labor under AS 05.20.070 ;
 (2) a violation of the passenger duties imposed under AS 05.45.030 or skier duties imposed under AS 05.45.100 is a complete defense in an action against a ski area operator if the violation is determined to be a contributory factor in the resulting injury, unless the ski area operator has violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040 , or a regulation adopted by the Department of Labor under AS 05.20.070 .
 (c) If the ski area operator is determined to have violated a requirement of this chapter, a provision of a plan of operation prepared under AS 05.45.040 , or a regulation adopted by the Department of Labor under AS 05.20.070 , the provisions of AS 09.17.080 apply in an action against a ski area operator for an injury resulting from the violation.
 Sec. 05.45.030. - Duties of passengers.
 (a) A passenger may not board a tramway if the passenger does not have
 (1) sufficient physical dexterity or ability and knowledge to negotiate or use the facility safely; or
 (2) the assistance of a person authorized by the ski area operator to assist a skier.
 (b) A passenger may not
 (1) embark upon or disembark from a tramway except at a designated area unless reasonably necessary to prevent injury to the passenger or others; this paragraph does not apply if the tramway stops and the operator assists the passengers to disembark from the tramway;
 (2) intentionally throw or expel an object from a tramway while riding on the tramway, except as permitted by the operator;
 (3) act while riding on a tramway in a manner that may interfere with proper or safe operation of the tramway;
 (4) engage in conduct that may contribute to or cause injury to a person;
 (5) intentionally place in an uphill track of a J-bar, T-bar, platter pull, rope tow, or another surface lift an object that could cause another skier to fall;
 (6) embark upon a tramway marked as closed;
 (7) disobey instructions posted in accordance with this chapter or oral instructions by the ski area operator regarding the proper or safe use of a tramway unless the oral instructions are contrary to this chapter or contrary to posted instructions.
 Sec. 05.45.040. - Required plan and patrol by ski area operators.
 (a) A ski area operator shall prepare a plan of operation for each ski season and shall implement the plan throughout the ski season. A plan of operation must include written provisions for ski patrol, avalanche control, avalanche rescue, grooming procedures, tramway evacuation, hazard marking, missing person procedures, and first aid. Before the operation of the ski area for that season, the plan shall be reviewed and approved by the commissioner of natural resources except that if an agency of the United States manages the land on which the ski area operates, the plan shall be reviewed and approved by that agency. The commissioner of natural resources may require a ski area operator to pay a fee not to exceed the department's cost of reviewing the plan, and may adopt regulations to implement this subsection.
 (b) A ski area operator shall provide a ski patrol whose members meet or exceed the training standards of the National Ski Patrol System, Inc. This subsection does not apply to a ski area if the operator transports skiers using only a single tramway consisting of a rope tow, the rope tow does not transport skiers more than 500 vertical feet, and the ski area is operated by a nonprofit corporation or a municipality. In this subsection, "nonprofit corporation" means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code).
 (c) Notwithstanding any other law, the state and the commissioner of natural resources are not civilly liable for damages resulting from an act or omission in reviewing, approving, or disapproving a plan of operation under (a) of this section.
 Sec. 05.45.050. - Required signs for tramways; duties of operators.
 (a) A ski area operator who operates a tramway shall maintain a sign system with concise, simple, and pertinent information for the protection and instruction of passengers. Signs shall be prominently placed on each tramway, readable in conditions of ordinary visibility, and where applicable adequately lighted for nighttime passengers. Signs shall be posted
 (1) at or near the loading point of each tramway, regardless of the type, advising that a person not familiar with the operation of the device must ask the operator of the device for assistance and instruction;
 (2) in the interior of each two-car and multicar tramway showing
 (A) the maximum capacity in pounds of the car and the maximum number of passengers allowed;
 (B) instructions for procedures in emergencies;
 (3) in a conspicuous place at each loading area of two-car and multicar tramways stating the maximum capacity in pounds of the car and the maximum number of passengers allowed;
 (4) at all chair lifts stating the following:
 (A) "Prepare to Unload," which shall be located not less than 50 feet ahead of the unloading area;
 (B) "Keep Ski Tips Up," which shall be located ahead of any point where the skis may come in contact with a platform or the snow surface;
 (C) "Unload Here," which shall be located at the point designated for unloading;
 (D) "Stop Gate," which shall be located where applicable;
 (E) "Remove Pole Straps from Wrists," which shall be located prominently at each loading area;
 (F) "Check for Loose Clothing and Equipment," which shall be located before the "Prepare to Unload" sign;
 (5) at all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, stating the following:
 (A) "Remove Pole Straps from Wrists," which shall be placed at or near the loading area;
 (B) "Stay in Tracks," "Unload Here," and "Safety Gate," which shall be located where applicable;
 (C) "Prepare to Unload," which shall be located not less than 50 feet ahead of each unloading area;
 (6) near the boarding area of all J-bars, T-bars, platter pulls, rope tows, and any other surface lift, advising passengers to check to be certain that clothing, scarves, and hair will not become entangled with the lift;
 (7) at or near the boarding area of all lifts, stating the skier's duty set out in AS 05.45.100 (c)(2).
 (b) Signs not specified by (a) of this section may be posted at the discretion of the ski area operator.
 (c) A ski area operator, before opening the tramway to the public each day, shall inspect the tramway for the presence and visibility of the signs required by (a) of this section.
 (d) A ski area operator shall post and maintain signs that are required by (a) of this section in a manner that they may be viewed during conditions of ordinary visibility.
 Sec. 05.45.060. - Required signs for trails and slopes; duties of operators.
 (a) A ski area operator shall maintain a sign and marking system as required in this section in addition to that required by AS 05.45.050 . All signs required by this section shall be maintained so as to be readable and recognizable under conditions of ordinary visibility.
 (b) A ski area operator shall post a sign recognizable to skiers proceeding to the uphill loading point of each base area lift that depicts and explains signs and symbols that the skier may encounter at the ski area. The sign must include the following:
 (1) the least difficult trails and slopes, designated by a green circle and the word "easier";
 (2) the most difficult trails and slopes, designated by a black diamond and the words "most difficult"; trails intended for expert skiers may be marked with a double black diamond and the words "expert only";
 (3) the trails and slopes that have a degree of difficulty that falls between the green circle and the black diamond designation, designated by a blue square and the words "more difficult";
 (4) danger areas designated by a red exclamation point inside a yellow triangle with a red band around the triangle and the word "danger" printed beneath the emblem;
 (5) closed trails or slopes designated by a sign with a circle or octagon around a figure in the shape of a skier with a band running diagonally across the sign from the upper right-hand side to the lower left-hand side and with the word "closed" printed beneath the emblem.
 (c) If applicable, a sign shall be placed at or near the loading point of each tramway as follows:
 difficult) slopes only.
 WARNING: This lift services (most difficult) or
 (most difficult and more difficult) or (more
 (d) If a particular trail or slope or portion of a trail or slope is closed to the public by a ski area operator, the operator shall place a sign notifying the public of that fact at each identified entrance of each portion of the trail or slope involved. A slope without an entrance defined by terrain or forest growth may be closed with a line of signs in a manner readily visible to skiers under conditions of ordinary visibility. This subsection does not apply if the trail or slope is closed with ropes or fences.
 (e) A ski area operator shall
 (1) place a sign at or near the beginning of each trail or slope, which must contain the appropriate symbol of the relative degree of difficulty of that particular trail or slope as described in (b) of this section; this paragraph does not apply to a slope or trail designated "easier" that to a skier is substantially visible in its entirety under conditions of ordinary visibility before beginning to ski the slope or trail;
 (2) mark the ski area boundaries in a fashion readily visible to skiers under conditions of ordinary visibility;
 (3) mark that portion of the boundary with signs as required by (b)(5) of this section if the owner of land adjoining a ski area closes all or part of the land and notifies the ski area operator of the closure;
 (4) mark hydrants, water pipes, and all other man-made structures on slopes and trails that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet and adequately and appropriately cover man-made structures that create obstructions with a shock absorbent material that will lessen injuries; any type of marker is sufficient, including wooden poles, flags, or signs, if the marker is visible from a distance of 100 feet and if the marker itself does not constitute a serious hazard to skiers; in this paragraph, "man-made structures" does not include variations in steepness or terrain, whether natural or as a result of slope design, snow making, grooming operations, roads and catwalks, or other terrain modifications;
 (5) mark exposed forest growth, rocks, stumps, streambeds, trees, or other natural objects that are located on a slope or trail that is regularly used by skiers or that is regularly packed and prepared by a ski area operator using a snow vehicle and attached implements and that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet;
 (6) mark roads, catwalks, cliffs, or other terrain modifications that are not readily visible to skiers under conditions of ordinary visibility from a distance of at least 100 feet;
 (7) post and maintain signs that contain the warning notice specified in (g) of this section; the notice shall be placed in a clearly visible location at the ski area where lift tickets and ski school lessons are sold and in a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift; the signs may not be smaller than three feet by three feet and must be white with black and red letters as specified in this paragraph; the word "WARNING" must appear on the sign in red letters; the warning notice specified in this paragraph must appear on the sign in black letters with each letter to be a minimum of one inch in height.
 (f) A ski lift ticket sold or made available for sale to skiers by a ski area operator must contain in clearly readable print the warning notice specified in (g) of this section.
 (g) The signs described in (e)(7) of this section and the lift tickets described in (f) of this section must contain the following warning notice:
 WARNING
 Under Alaska law, the risk of an injury to person or property resulting from any of the inherent dangers and risks of skiing rests with the skier. Inherent dangers and risks of skiing include changing weather conditions; existing and changing snow conditions; bare spots, rocks, stumps and trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.
 Sec. 05.45.070. - Other duties of ski area operators.
 (a) A ski area operator shall equip a motorized snow-grooming vehicle with a light visible at any time the vehicle is moving on or in the vicinity of a ski slope or trail.
 (b) When maintenance equipment is being employed to maintain or groom a ski slope or trail while the ski slope or trail is open to the public, the ski area operator shall place a conspicuous notice regarding the maintenance or grooming at or near the top of that ski slope or trail.
 (c) A motor vehicle operated on the ski slope or trails of a ski area shall be equipped with at least
 (1) one lighted head lamp;
 (2) one lighted red tail lamp;
 (3) a brake system maintained in operable condition; and
 (4) a fluorescent flag at least 40 square inches mounted at least six feet above the bottom of the tracks.
 (d) A ski area operator shall make available at reasonable fees, instruction and education regarding the inherent danger and risk of skiing and the duties imposed on skiers under this chapter. Notice of the availability of the instruction and education required under this subsection shall be placed in a clearly visible location at the ski area where lift tickets and ski school lessons are sold, in a position to be recognizable as a sign to skiers proceeding to the uphill loading point of each base area lift, and printed on equipment rental agreements.
 Sec. 05.45.080. - Skiers outside marked boundaries.
 A ski area operator does not have a duty arising out of the operator's status as a ski area operator to a skier skiing beyond the area boundaries if the boundaries are marked as required by AS 05.45.060(e)(2).
 Sec. 05.45.090. - Reckless skiers; revocation of skiing privileges.
 (a) A ski area operator shall develop and maintain a written policy covering situations involving reckless skiers, including a definition of reckless skiing, procedures for approaching and warning skiers regarding reckless conduct, and procedures for taking action against reckless skiers, including revocation of ski privileges. A ski area operator shall designate ski patrol personnel responsible for implementing the ski area operator's policy regarding reckless skiers.
 (b) A ski area operator, upon finding a person skiing in a careless and reckless manner, may revoke that person's skiing privileges. This section may not be construed to create an affirmative duty on the part of the ski area operator to protect skiers from their own or from another skier's carelessness or recklessness.
 Sec. 05.45.100. - Duties and responsibilities of skiers.
 (a) A skier is responsible for knowing the range of the skier's own ability to negotiate a ski slope or trail and to ski within the limits of the skier's ability. A skier is responsible for an injury to a person or property resulting from an inherent danger and risk of skiing, except that a skier is not precluded under this chapter from suing another skier for an injury to person or property resulting from the other skier's acts or omissions. Notwithstanding any other provision of law, the risk of a skier's collision with another skier is not an inherent danger or risk of skiing in an action by one skier against another.
 (b) A skier has the duty to maintain control of the skier's speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, a person skiing downhill has the primary duty to avoid collision with a person or object below the skier.
 (c) A skier may not
 (1) ski on a ski slope or trail that has been posted as "closed" under AS 05.45.060 (b)(5) and (d);
 (2) use a ski unless the ski is equipped with a strap or other device capable of stopping the ski should the ski become unattached from the skier;
 (3) cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator, or place an object in an uphill track;
 (4) move uphill on a tramway or use a ski slope or trail while the skier's ability is impaired by the influence of alcohol or a controlled substance as defined in AS 11.71.900 or other drug;
 (5) knowingly enter upon public or private land from an adjoining ski area when the land has been closed by an owner and is posted by the owner or by the ski area operator under AS 05.45.060 (e)(3).
 (d) A skier shall stay clear of snow grooming equipment, vehicles, lift towers, signs, and other equipment on the ski slopes and trails.
 (e) A skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner that may cause or contribute to the injury of the skier or others. Evidence that the signs required by AS 05.45.050 and 05.45.060 were present, visible, and readable at the beginning of a given day creates a presumption that all skiers using the ski area on that day have seen and understood the signs.
 (f) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, a skier has the duty to avoid moving skiers already on the ski slope or trail.
 (g) Except for the purpose of securing aid for a person injured in the collision, a skier involved in a collision with another skier or person that results in an injury may not leave the vicinity of the collision before giving the skier's name and current address to the other person involved in the collision and to an employee of the ski area operator or a member of the voluntary ski patrol. A person who leaves the scene of a collision to obtain aid shall give the person's name and current address as required by this subsection after obtaining aid.
 (h) A person who violates a provision of (c) or (g) of this section is guilty of a violation as defined in AS 11.81.900 . The commissioner of natural resources, a person designated by the ski area operator who is authorized by the commissioner, or an employee of the Department of Natural Resources authorized by the commissioner may issue a citation in accordance with the provisions of AS 41.21.960 to a person who violates (c) or (g) of this section within a ski area over which the state has jurisdiction.
 Sec. 05.45.110. - Competition; immunity for ski area operator.
 (a) The ski area operator shall, before the beginning of a ski competition, allow an athlete who will ski in the competition a reasonable visual inspection of the course or area where the competition is to be held.
 (b) An athlete skiing in competition assumes the risk of all course or area conditions, including weather and snow conditions, course construction or layout, and obstacles that a visual inspection would have revealed. A ski area operator is not liable for injury to an athlete who skis in competition and who is injured as a result of a risk described in this subsection.
 Sec. 05.45.120. - Use of liability releases.
 (a) A ski area operator may not require a skier to sign an agreement releasing the ski area operator from liability in exchange for the right to ride a ski area tramway and ski in the ski area. A release that violates this subsection is void and may not be enforced.
 (b) Notwithstanding (a) of this section, a ski area operator may
 (1) require a special event coach, participant, helper, spectator, or rental customer to sign an agreement releasing the ski area operator from liability in exchange for the right to coach, participate, assist in, or observe the special event; or
 (2) use a release agreement required by a third party as a condition of operating a rental program or special event at the ski area.
 (c) In this section, "special event" means an event, pass, race, program, rental program, or service that offers competition or other benefits in addition to a ticket representing the right to ride a ski area tramway and ski on the ski slopes or trails, whether or not additional consideration is paid.
 Sec. 05.45.200. - Definitions.
 In this chapter,
 (1) "base area lift" means a tramway that skiers ordinarily use without first using some other tramway;
 (2) "conditions of ordinary visibility" means daylight or, where applicable, nighttime, in nonprecipitating weather;
 (3) "inherent danger and risk of skiing" means a danger or condition that is an integral part of the sport of skiing, including changing weather conditions; snow conditions as they exist or may change, including ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions including bare spots, forest growth, rocks, stumps, streams, streambeds, and trees, or other natural objects, and collisions with natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, other man-made structures, and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including roads and catwalks or other terrain modifications; collision with other skiers; and the failure of skiers to ski within their own abilities; the term "inherent danger and risk of skiing" does not include the negligence of a ski area operator under AS 05.45.020 , or acts or omissions of a ski area operator involving the use or operation of ski lifts;
 (4) "injury" means property damage, personal injury, or death;
 (5) "passenger" means a person who is lawfully using a tramway;
 (6) "ski area" means all downhill ski slopes or trails and other places under the control of a downhill ski area operator; "ski area" does not include a cross-country ski trail;
 (7) "ski area operator" means a person having operational responsibility for a downhill ski area, and includes an agency of the state or a political subdivision of the state;
 (8) "skier" means an individual using a downhill ski area for the purpose of
 (A) skiing;
 (B) sliding downhill on snow or ice on skis, a toboggan, a sled, a tube, a ski-bob, a snowboard, or another skiing or sliding device; or
 (C) using any of the facilities of a ski area, including ski slopes and trails;
 (9) "ski slopes or trails" means those areas designated by a ski area operator to be used by a skier;
 (10) "tramway" means a device that is a passenger tramway, aerial or surface lift, ski lift, or rope tow regulated under AS 05.20.
 Sec. 05.45.210. - Short title.
 This chapter may be cited as the Alaska Ski Safety Act of 1994.
 Chapter 05.90. - MISCELLANEOUS PROVISIONS
 Sec. 05.90.001. - Racing events.
 (a) To the extent that it is consistent with federal law and regulations, a special racing event of limited duration that is conducted according to (b) of this section may be held on a state highway.
 (b) The Department of Public Safety, with the concurrence of the Department of Transportation and Public Facilities, may grant, and for cause cancel, permission to conduct a special racing event as provided in this section upon terms and conditions and at times and places the department may determine. If an applicant's permission is refused or cancelled, the applicant may request the Department of Public Safety for a hearing. The hearing shall be conducted under the provisions of the Administrative Procedure Act (AS 44.62).
 Title 06 - BANKS AND FINANCIAL INSTITUTIONS
 Chapter 06.01. - ADMINISTRATION
 Sec. 06.01.010. - Examination fees and assessments.
 (a) The expenses of the department reasonably incurred in the examination or investigation of all financial institutions or applications to establish financial institutions regulated by the department under this title shall be charged to and paid by each financial institution as provided in (b) and (d) of this section.
 (b) Except for deposit institutions, the commissioner shall assess every financial institution and every applicant to establish a financial institution a fee for the actual expenses necessarily incurred by the department in connection with any examination or investigation, whether regular or special. The commissioner shall assess every deposit institution and every applicant to establish a deposit institution a fee for the actual expenses necessarily incurred by the department in connection with any special examination or investigation. A fee assessed under this subsection must include the proportionate part of the salaries and cost of employee benefits of the examiners while conducting examinations or investigations and while preparing reports of them, and transportation costs and per diem of each examiner while away from the examiner's duty station. The cost to the financial institution in connection with an examination may not exceed the actual cost to the department of the examination. The assessment shall be made by the commissioner as soon as feasible after the examination or investigation has been completed. The assessment must be received by the department within 30 days after receipt of notice of the assessment by the institution.
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 (d) The commissioner shall adopt regulations providing for semiannual assessments of deposit institutions. An assessment must be based on the amount of assets of a deposit institution and must cover, but may not exceed, the aggregate cost of periodic examinations of the deposit institution.
 (e) An exam fee or other charge assessed to a state financial institution under this section may not exceed a fee or other charge assessed for the same type of exam or service to a similarly situated federally-chartered financial institution.
 (f) In this section "deposit institution" means a state financial institution that has obtained authority from the department to receive deposits of the type eligible to be insured by an agency of the federal government.
 Sec. 06.01.015. - Examinations.
 (a) Financial institutions regulated under this title are subject to at least one examination each year. The department may conduct additional examinations at its discretion.
 (b) The department shall select one or more competent persons to make examinations of financial institutions. The examiner shall take and subscribe an oath that
 (1) the examiner will honestly and impartially examine into and report the condition of the institution as to assets and liabilities and other information required by the department;
 (2) the examiner will not disclose the information the examiner obtains through the examination to a person other than the department;
 (3) at the time of employment, the examiner is not obligated to, or the owner of an interest in, the institution and is not an officer or shareholder of the institution;
 (4) the examiner does not own more than five percent of the voting shares in another financial institution in the state; and
 (5) the examiner is not an officer or employee of another financial institution in the state.
 (c) The department shall promptly call to the attention of the directors of an institution irregularities in the conduct of the financial institution's business and any violations. The department shall send a copy of the report of examination to the institution examined.
 Sec. 06.01.020. - General powers of department.
 (a) Notwithstanding other provisions of this title, the department may by regulation authorize financial institutions, except licensees subject to AS 06.20 or AS 06.40, to exercise any of the powers conferred upon, or to be subject to any of the limitations imposed upon, a federally chartered financial institution doing business in this state with deposits insured by an agency of the federal government, if the department finds that the exercise of the power or imposition of the limitation both
 (1) serves the public convenience and advantage; and
 (2) equalizes and maintains the quality of competition between state financial institutions and federally chartered financial institutions.
 (b) The authority granted to the commissioner by this section may not be limited by law unless that law expressly refers to this section.
 Sec. 06.01.025. - Records of department.
 (a) Information in the records of the department obtained through the administration of this title is confidential, is not subject to subpoena, and may be revealed only with the consent of the department.
 (b) The department shall retain reports of examinations for five years.
 Sec. 06.01.030. - Orders and injunctions; notice and hearings.
 (a) Whenever it appears to the department that a person is engaging, has engaged, or is about to engage in an unsafe or unsound practice in conducting the business of a financial institution, or is violating, has violated, or is about to violate a provision of this title or a regulation adopted or order issued under this title, the department may
 (1) issue and serve on the person a notice of intent to issue an order directing the person to cease and desist from continuing the act or practice, or imposing a penalty under AS 06.01.035 (e) - (g); or
 (2) bring an action in the superior court to enjoin the act or practice.
 (b) A notice issued under (a)(1) of this section must contain a statement of the facts constituting the alleged violation or the unsafe or unsound practice, and must give reasonable notice of and an opportunity for a hearing to determine whether an order to cease and desist the act or practice should be issued. If a hearing is not requested within 30 days, or if the person served or the person's representative fails to appear at the hearing, the person is considered to have consented to the issuance of the order, and the department may issue the order to cease and desist. If the department finds at the hearing that a violation or an unsafe or unsound practice has been established, the department may issue the order to cease and desist.
 (c) A cease and desist order issued under (b) of this section may impose a penalty under AS 06.01.035 (e) - (g) and may require the person to cease and desist from the act or practice and to take affirmative action to correct the conditions resulting from the act or practice.
 (d) Notwithstanding the other provisions of this section, the department may issue a temporary cease and desist order at the same time that the department issues a notice under (a)(1) of this section. The department may not issue a temporary cease and desist order under this subsection without a prior hearing unless the order is issued for the sole purpose of preserving the status quo and preventing damage to a financial institution pending completion of any hearing. A temporary cease and desist order issued under this subsection remains in effect until a final order is issued under (b) of this section or until otherwise terminated by the department, except that the order may not remain in effect for more than 60 days.
 (e) Except for notices issued under (a)(1) of this section, the department shall give public notice of each proposed action, but the department is not required to hold a hearing before taking the action unless it receives written opposition to the proposed action. Written opposition must be filed with the department within the time specified by the department. In cases involving extraordinary circumstances requiring immediate action, the department may take action without notice and public hearing, but upon application to rescind the action taken, the department shall promptly hold a hearing on the application.
 (f) Hearings required or authorized under this title are not subject to AS 44.62.330 - 44.62.630, except as required by AS 44.62.560 and 44.62.570. The department shall adopt regulations, consistent with the provisions of this title, establishing procedures for hearings held under this section.
 (g) For the purpose of hearings, investigations, or other proceedings under this title, and except as otherwise provided in this title, the department or an officer designated by the commissioner may administer oaths and affirmations, subpoena witnesses, compel the attendance of witnesses, take evidence, and require the production of books, papers, correspondence, memoranda, agreements, or other documents or records that the department considers relevant or material to the inquiry.
 (h) In this section, "unsafe or unsound practice" means
 (1) operating a bank while it is in an unsafe or unsound condition;
 (2) doing an act that violates a law or order of the department, or the bank's articles or bylaws; or
 (3) doing an act reasonably likely to result in a bank's condition becoming unsafe or unsound.
 Sec. 06.01.035. - Penalties.
 (a) A person who knowingly violates, or causes another person to violate, a provision of this title, or a regulation or order of the department under this title, for which a specific remedy is not provided, is guilty of a class A misdemeanor.
 (b) A person who, without first receiving a license or certificate of authority from the department, participates in an activity that requires a license or certificate of authority under this title, is guilty of a class A misdemeanor.
 (c) A person is guilty of a class C felony if the person, with intent to deceive the department, the commissioner, or a person authorized to examine the affairs of a financial institution, knowingly
 (1) makes or causes a false statement or report to be made;
 (2) enters a false figure, statement, or entry in the books of a financial institution; or
 (3) makes or circulates a false report or statement about the condition of a financial institution.
 (d) A director, officer, or employee of a financial institution who receives a deposit, after having been notified by regulatory authorities that the institution is insolvent and without the department's prior approval, is guilty of a class C felony.
 (e) In addition to other penalties applicable under this section, if a person other than a financial institution knowingly or intentionally violates, or causes another person to violate, a provision of this title, or a regulation or order of the department under this title, the department may issue an order against the person imposing a civil penalty of not more than $2,500 a day for a single violation, and not more than $25,000 for multiple violations that constitute a single proceeding or a series of related proceedings.
 (f) In addition to other penalties applicable under this section, if a financial institution knowingly or intentionally violates a provision of this title, or a regulation or order of the department under this title, the department may issue an order against the institution imposing a civil penalty of not more than $5,000 a day for a single violation, and not more than $50,000 for multiple violations that constitute a single proceeding or a series of related proceedings.
 (g) For violations not covered by (e) or (f) of this section, and in addition to other penalties applicable under this section, if a person, including a financial institution, violates, or causes another person to violate, a provision of this title, or a regulation or order of the department under this title, the department may issue an order against the person imposing a civil penalty of not more than $500 a day for a single violation, and not more than $5,000 for multiple violations that constitute a single proceeding or a series of related proceedings.
 (h) A financial institution that fails to file a report or make payments required by the department within the time specified in this title is subject to a penalty of not more than $100 a day for each day the report or payment is late. A financial institution is considered to have transmitted a report or payment when the institution mails the report or payment, properly addressed to the department and with the appropriate postage.
 (i) In addition to other penalties applicable under this section, the department shall dismiss an employee of the department who violates AS 06.05.065(a). An employee dismissed under this subsection is forever disqualified from holding a position in the department relating to the regulation of financial institutions. An employee who is dismissed under this subsection may appeal the dismissal under AS 39.25 (State Personnel Act), unless the employee is in the exempt or partially exempt service under AS 39.25.110 - 39.25.120.
 Sec. 06.01.040. - Examination policy.
 It shall be the policy of the department to conduct, whenever reasonably possible, joint examinations with the Federal Deposit Insurance Corporation of those institutions subject to this title whose accounts are insured through that corporation.
 Sec. 06.01.045. - Accounting and disposition of fees. [Repealed, Sec. 28 ch 90 SLA 1991].
 Repealed or Renumbered
 Sec. 06.01.048. - Regulations.
 Regulations required or authorized under this title shall be adopted under AS 44.62 (Administrative Procedure Act).
 Sec. 06.01.050. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "commissioner" means the commissioner of commerce and economic development or a designee of the commissioner;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "financial institution" means an institution subject to the regulation of the department under this title.
 Chapter 06.05. - ALASKA BANKING CODE
 Article 01 - POWERS OF THE DEPARTMENT
 Sec. 06.05.005. - Powers of department.
 (a) The department shall
 (1) exercise general supervision over all state financial institutions and their subsidiaries and affiliated corporations;
 (2) adopt regulations necessary to implement this chapter, including regulations providing for the retention and preservation of bank records;
 (3) review and approve or disapprove applications for new state banks under AS 06.05.345 , new bank branches under AS 06.05.399 , and international or interstate branch banks under AS 06.05.555 ;
 (4) issue permits authorizing bank holding companies to do business in this state under AS 06.05.235 and 06.05.570;
 (5) determine for each state bank the amount of paid-in capital necessary to operate under AS 06.05.305 (a);
 (6) review and approve transfers of bank ownership under AS 06.05.327;
 (7) perform examinations of state banks, branch banks, and subsidiaries under AS 06.01.015 .
 (b) The department may
 (1) relieve a bank from the examination requirements of AS 06.01.015 if the bank's deposits are insured by the Federal Deposit Insurance Corporation or another agency of the United States that insures bank deposits;
 (2) approve under AS 06.05.166 (f) the operation of a branch bank on a schedule different than normal banking days;
 (3) approve under AS 06.05.426 the operation by a state bank of an automated teller machine at a location other than the bank's premises;
 (4) approve certain bank subsidiaries under AS 06.05.272 ;
 (5) approve under AS 06.05.205 (d) the acceptance by a bank of the bank's stock or of the stock of the bank's holding company as security for a loan in certain circumstances;
 (6) restrict the withdrawal of deposits from a state bank where the department finds that extraordinary circumstances make restriction necessary for the proper protection of depositors;
 (7) require a state bank to
 (A) maintain its capital and reserve accounts in amounts determined appropriate by the department, considering the size of the bank;
 (B) observe the methods and standards that the bank adopts for determining the value of various types of assets;
 (C) charge off part or all of an asset that has not been lawfully acquired;
 (D) write down an asset to its market value;
 (E) record liens and other interests in property;
 (F) obtain a financial statement from a borrower or prospective borrower to the extent that the bank can obtain the statement;
 (G) obtain insurance against damage to real property taken as security;
 (H) search, or obtain insurance of, the title to real property taken as security;
 (I) maintain adequate insurance against other risks as the department determines necessary and appropriate for the protection of depositors and the public;
 (J) charge off that portion of an asset classified as a loss, or charge off or reserve up to 50 percent of loans classified as doubtful, in a state or federal report of examination; or
 (K) charge off all debts owed to the bank in which interest is past due and unpaid for a period of six months, unless the debt principal is adequately secured and the bank is in the process of collection;
 (8) require the board of directors of a bank to hold a meeting under AS 06.05.438 (f);
 (9) order the removal of a board member of a bank under AS 06.05.435(g);
 (10) order a bank to suspend the payment of dividends under AS 06.05.441(b);
 (11) require a bank to increase its capital accounts under AS 06.05.305(c);
 (12) take possession of a bank in the manner provided in AS 06.05.468(c), and operate, reorganize, or liquidate the bank under AS 06.05.470 - 06.05.474 after taking possession under this paragraph;
 (13) issue an order under AS 06.01.030 that the department determines is necessary to ensure compliance with this chapter and regulations adopted under this chapter; and
 (14) exercise other powers expressly or implicitly granted in this chapter.
 Sec. 06.05.010. - Notice and hearing. [Repealed, Sec. 54 ch 169 SLA 1978. For current law, see AS 06.01.030 ].
 Repealed or Renumbered
 Sec. 06.05.015. - 06.05.040. - Powers over state banks; miscellaneous powers of department; bank examinations; banks exempt from examination; examination fee; examiner's oath. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.040
 Sec. 06.05.015. - 06.05.040. Powers over state banks; miscellaneous powers of department; bank examinations; banks exempt from examination; examination fee; examiner's oath. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.040
 Repealed or Renumbered
 Sec. 06.05.045. - Bank reports to the department.
 (a) Each state bank shall make at least four reports of condition each year to the department on days designated by, and on forms prescribed by, the department. The report shall be signed by a duly authorized officer of the bank and shall be signed by at least three directors who certify under penalty of unsworn falsification under AS 11.56.210 that they, and each of them, have personal knowledge of the facts stated in the report and that the facts are true. The reports must exhibit in detail and under appropriate heads the resources and liabilities of the bank and must be received by the department within 30 calendar days after the end of the period covered by the report.
 (b) The department may require special reports from a bank whenever in its judgment they are necessary in order to obtain a full knowledge of its condition.
 (c) Each state bank shall make at least one report of income and dividends to the department each year. The report shall be submitted to the department within 30 days following the end of the calendar year covered in the report.
 Sec. 06.05.050. - Publication of reports.
 All reports of condition required by AS 06.05.045 (a) shall be published immediately in condensed form at least once in a newspaper of general circulation published in the place where the bank is located. If no newspaper is published in that place, then the report shall be published in the newspaper published nearest to that place.
 Sec. 06.05.055. - , 06.05.060. Annual report of department; records of department. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.060
 Repealed or Renumbered
 Sec. 06.05.065. - Banking interest of department officers and employees.
 (a) A bank examiner of the department who deals with the regulation of financial institutions, a special agent selected by the department to do work relating to financial institutions, the commissioner or deputy commissioner, or the director of banking may not be an officer, employee, director, trustee, attorney, shareholder, or partner of a financial institution, or receive, directly or indirectly, a payment or gratuity from a financial institution. A person subject to this section may not borrow money from a financial institution that has a certificate of authority under this title, except as provided in this section.
 (b) A person subject to this section may
 (1) be a depositor in a financial institution;
 (2) purchase shares of a savings and loan association on the same terms available to the public;
 (3) be a member of an employee credit union;
 (4) be indebted to a state financial institution upon an installment debt incurred by the employee in the purchase of goods for personal use only and transferred to the financial institution in the regular course of business, including debts for household goods, mobile homes, motor vehicles, or boats; or
 (5) be indebted to a state financial institution for a mortgage loan secured by the person's primary residence, if the loan closed before the person became an employee subject to this section.
 (c) This section does not limit the authority of an officer or employee of the department acting in the person's official capacity in the business of the department.
 (d) [Repealed, Sec. 102 ch 26 SLA 1993].
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 (f) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.070. - Preservation of bank records. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.075. - Standards.
 The department, in the exercise of its authority under this chapter, shall act in the interests of promoting and maintaining a sound and competitive banking system, the security of deposits and customers, the liquid position of banks, and the prevention of injurious credit expansions and contractions.
 Sec. 06.05.080. - , 06.05.085. Effect of invalidity of order or regulation; limitation of personal liability. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.085
 Repealed or Renumbered
 Article 02 - BANKING PRACTICES
 Sec. 06.05.090. - Certification of checks.
 (a) The check of a depositor may not be certified unless the amount of the check actually stands to the credit of the drawer.
 (b) Any check certified is a valid obligation against the bank when held by an innocent holder.
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.095. - Payment of items.
 If the balance in an account subject to withdrawal by or upon the order of a depositor is insufficient to pay an item presented for payment, a bank may select from the items that in the aggregate exceed the balance the items to be paid in the order convenient to the bank.
 Sec. 06.05.100. - Deposit of minor or person under disability.
 Where a deposit is made in a bank by or on behalf of a minor or a person under disability in the name of the minor or person under disability, the bank may pay the money on check or order of that person as in other cases.
 Sec. 06.05.105. - , 06.05.110 Deposits in two names; deposits in trust. [Repealed, Sec. 5 ch 78 SLA 1972. For current law, see AS 13.33].
 Repealed or Renumbered
 Sec. 06.05.120. - Notice of charges.
 A bank or other financial institution that levies a charge for the establishment or maintenance of personal nonbusiness demand deposit accounts shall clearly post a schedule of the charges in each of its places of business where these accounts are opened.
 Sec. 06.05.130. - Final adjustment of statements of account. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.145. - Adverse claim to bank deposit.
 Notice to a bank of an adverse claim to a deposit standing on its books to the credit of a person is ineffective unless the adverse claimant procures a restraining order, injunction or other appropriate process against the bank from a court in a cause where the person to whose credit the deposit stands is made a party or executes to the bank in form and with sureties acceptable to it a bond, indemnifying the bank from any liability, loss, damage, costs and expenses on account of the payment of the adverse claim or the dishonor of the check or other order of the person to whose credit the deposit stands on the books of the bank. This section does not apply where the person to whose credit the deposit stands is a fiduciary for the adverse claimant, and the facts constituting that relationship and the facts showing a reasonable belief on the part of the claimant that the fiduciary is about to misappropriate the deposit are made to appear by the affidavit of the claimant.
 Sec. 06.05.160. - Transmitting money and foreign exchange.
 A bank may accept for transmission and transmit money, and may buy and sell foreign exchange to the extent necessary to meet the reasonably anticipated needs of customers.
 Sec. 06.05.165. - Optional five-day week. (Repealed, Sec. 1 ch 56 SLA 1971.)
 Repealed or Renumbered
 Sec. 06.05.166. - Legal holidays and emergency closings.
 (a) A bank organized under or doing business under the laws of the state or a national bank may remain closed on the legal holidays described in AS 44.12.010 - 44.12.025. The bank shall post a notice of holiday closing in the place of business affected at least seven days in advance.
 (b) If a contract by its terms requires the payment of money or the performance of a condition on a holiday allowed under (a) of this section by or at a state or national bank, payment may be made or the condition performed on the next succeeding business day with the same effect as if made or performed in accordance with the terms of the contract.
 (c) In an emergency, a bank may elect not to open any of its banking offices on a business or banking day or, having opened, to close any banking office. The bank shall notify the department of the nonopening or the closing before taking the action, if possible, and as soon as possible, in any event. Any act relating to the banking office that has been closed for any period of time under this subsection may be performed on the next business day that the office is open for business. No liability or loss of rights of any kind on the part of any person, firm, or corporation or of the bank results from the nonopening or closing, and the rights of all parties are suspended during the nonopening or closing.
 (d) In addition to legal holidays, a bank's board of directors may declare a closing of the bank on any other normal business day, if the department authorizes the closure, the bank posts notice of the closing in the place of business affected at least 15 days in advance, and the bank maintains all normal processing and clearing operations on the closed day.
 (e) Under (a) or (d) of this section, a bank may not be closed for more than three consecutive days.
 (f) A bank may operate a branch bank on a different schedule approved by the department if the department determines that operation on a different schedule will provide better service or otherwise benefit the public.
 Sec. 06.05.175. - Depositor and customer records confidential.
 (a) The bank records pertaining to depositors and customers are confidential and may not be made public except when
 (1) the bank, customer, or depositor is compelled to disclose the contents of the records by a court order;
 (2) their disclosure is required by federal or state law or regulation;
 (3) disclosure is authorized in writing by the depositor or customer;
 (4) disclosure is made to the holder of a negotiable instrument drawn on the bank as to whether the drawer has sufficient funds in the bank to cover the instrument; or
 (5) an inquiry has been made by a bank, savings association, or savings and loan association regulated under this title, or by a credit-reporting agency regulated under 15 U.S.C. 1681-1681t (Fair Credit Reporting Act) solely for the express purpose of determining the credit worthiness of the depositor or customer as an applicant for credit, and the information disclosed by the bank or the entity making the inquiry under this paragraph pertains only to the payment habits of the depositor or customer in connection with loans and other credit accommodations and does not pertain to records concerning deposit balances in savings or checking accounts.
 (b) When disclosure of bank records is required or allowed under (a)(1) or (2) of this section, the bank shall notify the depositor or customer of the disclosure. If notification before disclosure is not possible, the bank shall immediately notify the customer or depositor of the disclosure or inquiry. However, notification may not be made if disclosure is made under a search warrant or under a court order issued at the behest of a grand jury.
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 (d) When disclosure of bank records is compelled by a court order under (a)(1) of this section, the court shall provide in the order for the reimbursement of the bank for the reasonable costs incurred in complying with the order.
 Sec. 06.05.180. - Powers as trustee authorized.
 Every bank organized under this chapter, subject to the restrictions and limitations of laws and the regulations of the department, may
 (1) act as trustee under any mortgage or bond issued by the state, or any municipality, body politic, or corporation, foreign or domestic, and accept and execute any municipal or corporate trust not prohibited by the laws of this state;
 (2) accept a trust from, and execute a trust for a married person in respect to the married person's separate property, and act as agent in the management of the property or transact any business in relation to the property;
 (3) act under the order or appointment of a court of competent jurisdiction including any probate court as custodian, receiver, or trustee of the estate of a minor, and as depository of money paid into court for the benefit of any person, corporation, or party, and in any other fiduciary capacity;
 (4) act under the order or appointment of a court of competent jurisdiction including any probate court as trustee, custodian, receiver or committee of the estate of an incapacitated person, as defined in AS 13.26.005 , or of a spendthrift, or as receiver or committee of the property or estate of a person in insolvency or bankruptcy proceedings;
 (5) act as executor or administrator with or without the will annexed of the estate of a deceased person;
 (6) accept and execute any legal trust, duty and power in regard to the holding, management and disposition of any estate, real or personal, wherever located, and the rents and profits from it, or the sale of it, as may be granted or confided to it by a court of competent jurisdiction including any probate court or by any person, corporation, municipality or other authority, and is accountable to all parties in interest for the faithful discharge of every trust, duty, or power which it may accept;
 (7) accept and execute any trust or power conferred upon it by any person or any body politic or domestic or foreign corporation, or any other authority, grant, assignment, transfer, devise, bequest or otherwise, or which may be entrusted or committed or transferred to it by order of a court of competent jurisdiction including any probate court;
 (8) receive, manage, hold and dispose of according to the terms of any trust or power any property or estate, real or personal, which may be the subject of any such trust or power;
 (9) act as the fiscal or transfer agent of the United States or of any state, territory, municipality, or other body politic, and in this capacity may receive and disburse money, transfer, register and countersign certificates of stocks, bonds, or other evidences of indebtedness;
 (10) whenever the instrument or power governing the fiduciary relationship directs, requires, authorizes, or permits investment in obligations of the United States government, or its agencies or instrumentalities, invest in those obligations either directly or in the form of securities of, or other interests in, an open-end or closed-end management type investment company or investment trust registered under 15 U.S.C. 80a-1 - 80a-64 (Investment Company Act of 1940) if
 (A) the portfolio of the investment company or investment trust is limited to
 (i) obligations of the United States government, or its agencies or instrumentalities;
 (ii) repurchase agreements fully collateralized by the obligations identified in (i) of this subparagraph; and
 (iii) securities of, or other interests in, other open-end or closed-end management type investment companies or investment trusts registered under 15 U.S.C. 80a-1 - 80a-64 whose portfolios are limited to the obligations and repurchase agreements identified in (i) and (ii) of this subparagraph; and
 (B) the investment company or investment trust takes delivery of the collateral for any repurchase agreement directly or through an authorized custodian.
 Sec. 06.05.185. - 06.05.195. - Application of chapter to trust companies; supervision by the department; dissolution of trust companies. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.195
 Repealed or Renumbered
 Sec. 06.05.197. - Nominees.
 (a) A state or national bank or a trust company, when acting in the state as a fiduciary or as a co-fiduciary with others, may with the consent of its co-fiduciary or co-fiduciaries, if any, who are hereby authorized to give such consent, cause any investment it holds as a fiduciary or co-fiduciary to be registered and held in the name of a nominee or nominees of the bank or trust company. The bank or trust company is liable for the acts of its nominee with respect to an investment registered in the nominee's name.
 (b) The records of the bank or trust company must at all times show the ownership of the investment registered and held in the name of its nominee. The bank or trust company shall retain possession and control of the investment and keep the investment separate and apart from its assets.
 Sec. 06.05.200. - Reserves against deposits.
 (a) A bank shall maintain a reserve fund sufficient to maintain liquidity and meet all reasonable demands of depositors, as provided in regulations adopted by the department.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 (d) If the reserve fund of a bank falls below the amount required by the department to be maintained under this section, the department may prohibit the bank from making any new loans or other investments or paying any dividends until the bank's reserve fund has been restored to the amount required under this section.
 Sec. 06.05.205. - Loans.
 (a) [Repealed, Sec. 102 ch 26 SLA 1993].
 (b) The total outstanding loans of a state bank to a person may not be more than 25 percent of the total capital accounts of the bank, and the total outstanding loans to a person that are not fully secured may not be more than 15 percent of the total capital accounts of the bank. Unearned income may not be included in determining the amount a bank may loan under this subsection. The following are not considered when determining compliance with this subsection:
 (1) the discount of bills of exchange drawn in good faith against actual existing values;
 (2) loans secured by gold, gold dust, or bullion;
 (3) loans secured by the assignment of specifically identified deposit accounts of the bank with a balance equal to or greater than the total balance of the loan;
 (4) loans secured by fully insured cannery products or other products in transit; in this paragraph, "products in transit" means the following products, unless the products contain substances added for a purpose other than processing or finishing:
 (A) hard mineral products, including coal, tin, iron, copper, and silver, in the form of ores or smelted ingots;
 (B) raw or refined liquid material products, including gas, oil, or petrochemicals;
 (C) agricultural products, including potatoes, grains, carrots, hay, berries, and meat products;
 (D) timber products, including logs, chips, pulp, lumber, and peat moss;
 (E) manufactured products using native materials, including animal hides, vegetation, bone products, horn products, and raw or processed animal furs; and
 (F) raw or processed fish or fish products;
 (5) loans with warehouse receipts as collateral security; and
 (6) discounted commercial or business paper actually owned by the person negotiating the paper.
 (c) The restrictions contained in (b) of this section do not apply to a loan guaranteed by, or to a commitment or agreement to take over or to purchase by, a department, bureau, board, commission, or establishment of the United States or the state, including a corporation wholly owned, directly or indirectly, by the United States or the state, provided that the guarantee, agreement or commitment is unconditional and to be performed by payment in cash or its equivalent within 60 days after demand.
 (d) Except with the written prior approval of the department for an acquisition or merger with another financial institution, or except with the written prior approval of the department in order to prevent loss upon an indebtedness previously contracted in good faith, a bank may not
 (1) accept as security for a loan the capital stock of
 (A) the bank; or
 (B) the bank's parent holding companies, unless the stock of the holding companies is publicly traded on a nationally recognized exchange; or
 (2) loan money that is to be used to purchase the capital stock of the bank or a parent holding company of the bank.
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 (f) [Repealed, Sec. 102 ch 26 SLA 1993].
 (g) The department shall adopt regulations to determine when a loan made to one person may be attributed to other persons under (b) of this section, taking into consideration the purpose of the loan, the use of the loan proceeds, the anticipated sources of repayment of the loan, the borrower's ownership percentage, and other relevant factors.
 Sec. 06.05.206. - Leasehold and development loans. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.207. - Real estate loans.
 (a) A bank may, subject to the requirements of this chapter, make or acquire a loan secured primarily by a first lien on an interest in improved or unimproved real property, including leases, if
 (1) the making of the loan is consistent with written lending policies of the bank and regulations adopted by the department;
 (2) before the loan is made or acquired, the bank secures and maintains in its files, evidence of merchantable title and a determination of the value of the property by a person familiar with the real property values in the vicinity where the real property is located; and
 (3) insurance against loss from fire on all buildings on the real property that are included in the value of the property is acquired by the borrower or the bank and is not allowed to lapse.
 (b) A bank may, subject to the requirements of this chapter, make or acquire a loan secured by a junior lien on real property if
 (1) payments on the loan secured by all senior liens are current and the bank retains in its records a written report of the status and balance of the senior liens as of the date the junior lien loan is made or acquired; and
 (2) all requirements of (a) of this section are met.
 Sec. 06.05.208. - Revolving credit plans. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.209. - Credit cards.
 (a) A bank is not prohibited from issuing unsolicited credit cards or other similar credit granting devices but the bank may not hold the customer liable for charges made on a credit card or other device before its acceptance by the customer. Before an unsolicited card is considered accepted by the customer, the customer shall execute and furnish to the bank a written statement of acceptance.
 (b) A bank may issue a credit card or other similar credit granting device to a customer for obtaining money, goods, services or anything else of value and the bank, when credit is extended under this section, may impose a service charge at a monthly rate that results in an annual rate not in excess of 17 percent on the outstanding balance. However, in addition, when cash is advanced under this section, the bank may impose a setup charge that does not exceed three per cent of the funds advanced, or $12, whichever is less, except that on loans of under $100 a minimum not exceeding $3 may be charged.
 (c) In addition to charges authorized under (b) of this section, a bank may charge an annual fee for the issuance of a credit card or other similar credit granting device.
 Sec. 06.05.210. - Loans to officers and employees.
 (a) Subject to the same terms and conditions applicable to other loans, a director, officer, or employee of a state bank may borrow up to $100,000, or up to $250,000 for the director's, officer's, or employee's primary residence from the bank at the discretion of the chief executive or managing officer of the bank. A loan to a director, officer, or employee that makes the total amount owed to the bank by the director, officer, or employee in excess of the limits in this subsection, or loans of any amount to the chief executive or managing officer of the bank, shall have the prior approval of the board of directors, shall be reported to the department within 30 days and shall be secured by adequate collateral.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.211. - Loans secured by forest tracts.
 (a) A bank may, subject to the requirements of this chapter, make or acquire a loan secured by a first lien on a forest tract if
 (1) the making of the loan is consistent with written lending policies of the bank and regulations adopted by the department;
 (2) before the loan is made or acquired, the bank secures and maintains in its files evidence of a determination of the value of the property; and
 (3) the loan is secured by an amortized mortgage, deed of trust, or assignment of a federal or state timber sale contract.
 (b) The aggregate of all loans made or acquired by a bank under this section may not exceed 50 per cent of its combined capital, surplus and undivided profits.
 (c) In this section "forest tract" means a reasonably accessible tract of land primarily covered with marketable or potentially marketable growing timber having a recognized commercial value, which is safeguarded by fire protection, insect, pest and disease control.
 Sec. 06.05.212. - Overdrafts.
 (a) A director, officer, or employee of a state bank may not knowingly, wilfully, and persistently overdraw the director's, officer's, or employee's account or permit a customer to do so.
 (b) An overdraft of more than 30 days' standing may not be allowed as an asset of the bank.
 (c) The provisions of this section do not apply to an approved overdraft created under a check guaranty plan or other similar revolving credit plan.
 Sec. 06.05.215. - Liability of directors and officers for certain loans.
 A director, executive officer, managing officer, or issuing officer of a state bank who knowingly or with gross negligence approves or permits the funds of the bank to be lent or overdrafts to be made in an unsafe or unsound manner, or in violation of an order of the department, the bank's lending policies, this title, or a regulation adopted under this title, is personally liable to the bank for all the loans and overdrafts. The bank may enforce the liability against the director or officer by an action in a court of competent jurisdiction.
 Sec. 06.05.220. - Loans under Title I of the National Housing Act. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.225. - Application of other laws to loans insured under national housing act.
 The laws of the state prescribing or limiting interest rates upon loans do not apply to loans insured under 12 U.S.C. 1706c (National Housing Act).
 Sec. 06.05.230. - Investment in property and banking premises.
 A bank may acquire, purchase, hold, and convey real and personal property for the following purposes only:
 (1) that which is necessary for the convenient transaction of, or the promotion of, its business, including buildings containing banking offices, equipment, furniture and fixtures, art work, leasehold improvements, parking lots, and, with the prior approval of the department, real property reasonably anticipated to be necessary for future expansion of the bank, if the book asset value of the purchase or investment does not exceed 60 percent of the capital and surplus of the bank;
 (2) the satisfaction of or on account of debts previously contracted in the course of its business;
 (3) the purchase at sale under judgment, decree, lien, or mortgage foreclosure, against security held by it.
 Sec. 06.05.231. - Bank service corporations.
 (a) A bank may invest not more than 10 percent of its paid-in and unimpaired capital and surplus in a bank service corporation if
 (1) the bank submits an application requesting permission to invest in a bank service corporation to the department, accompanied by complete information concerning feasibility, rates and competitive organizations, and the department consents in writing to the investment before it is made; and
 (2) the total investment under this section and AS 06.05.230 (1) does not exceed the combined capital, surplus and undivided profits.
 (b) A bank may not employ or use the services of a bank service corporation unless the service corporation provides an adequate bond or insurance against liabilities arising from accounting or other activities performed by the service corporation affecting bank transactions and the bank gives written notice to the department, before any services are rendered, specifying the name and address of the bank service corporation and the nature of the activities to be performed.
 (c) The performance of a service for a bank by a bank, person or organization other than the bank is subject to all laws and regulations governing performance and examination, in the same manner as if the bank were performing the services.
 (d) In this section
 (1) "bank service corporation" means a corporation organized to perform bank services for two or more banks, each of which owns part of the capital stock of the corporation;
 (2) "bank services" means services for banks such as check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, and any clerical, bookkeeping, accounting, statistical, or similar functions performed by a bank for its customers.
 Sec. 06.05.232. - Leasing of real and personal property. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.235. - Bank holding companies.
 (a) Except as provided in this section or in AS 06.05.570 , it is unlawful for a person to own, control or hold with power to vote 25 percent or more of a class of voting securities or other capital stock of one or more state banks or domestic bank holding companies subject to regulation under this chapter. However, when it becomes a bona fide necessity to avoid loss for a creditor to accept shares of stock in one or more state banks or domestic bank holding companies constituting more than 25 percent of the ownership or control of a state bank or domestic bank holding company in payment of indebtedness owing to the creditor, shares of stock may be accepted, but the shares of the one or more state banks or domestic bank holding companies exceeding that 25 percent shall be promptly disposed of under the supervision of the department.
 (b) A domestic bank holding company that maintains its principal office and place of business in the state and conducts its principal operations in the state, may acquire and own all or a portion of the voting securities or other capital stock of, or all or substantially all of the assets of, one or more banks or bank holding companies. The department may require a domestic bank holding company to post a bond with the department in an amount not more than the paid-in capital and paid-in surplus represented by the proportion of state bank stock directly or indirectly owned, held, or controlled by it, under conditions the department may prescribe, to assure full protection of the public. Before a domestic bank holding company may acquire a bank or bank holding company doing business in the state, the domestic bank holding company shall apply for and obtain a permit from the department. In considering whether to issue a permit, the department shall consider the benefits to the public, the preservation of a competitive banking industry, and the maintenance of a safe and sound bank industry. The domestic bank holding company is subject to an examination by the department or a competent person designated by the department when the department considers it necessary, but not less than once each year. The domestic bank holding company shall pay an examination fee under AS 06.01.010 .
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 (d) [Repealed, Sec. 102 ch 26 SLA 1993].
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 (f) [Repealed, Sec. 102 ch 26 SLA 1993].
 (g) For the purpose of this section and AS 06.05.570 , a trust company organized under AS 06.25 that is engaged in the business of banking shall be considered a state bank.
 (h) [Repealed, Sec. 102 ch 26 SLA 1993].
 (i) The provisions of this section do not apply to a person that
 (1) acquires or holds voting securities or other capital stock of a bank or bank holding company only for a reasonable period of time in connection with the underwriting of securities;
 (2) is a state agency;
 (3) is a trustee or agent of an independent federal financial regulatory agency; or
 (4) under a plan of financial restructuring that is intended to prevent the failure of a state bank and that is approved by the department,
 (A) acquires or receives 25 percent or more of a class of voting securities or other capital stock of the bank or bank holding company subject to the plan, and owns, controls, or holds, with the power to vote, the securities acquired or received in excess of 24.99 percent of that class for a period of time that permits the distribution or resale of the securities or other capital stock on a reasonable basis; or
 (B) purchases or receives securities under the plan and, after the purchase or receipt, owns, controls, or holds, with a power to vote, less than 25 percent of a class of voting securities or other capital stock of the bank or bank holding company subject to the plan but subsequently, solely through the action or inaction of others, including the bank or bank holding company, owns, controls, or holds, with a power to vote, 25 percent or more of a class of voting securities or other capital stock of the bank or bank holding company; the exemption in this subparagraph does not apply if the department determines, after notice and opportunity for hearing under AS 06.01.030, that the ownership, control, or holding of the securities or stock exceeding 24.99 percent of a class, other than under a plan to promptly dispose of the securities or stock under the supervision of the department, permits the organization in any manner to control the election of a majority of the board of directors or trustees, or to directly or indirectly exercise a controlling influence over the management or policies of the bank or bank holding company.
 Sec. 06.05.238. - Required directors' meetings and statements to the department. [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.238. Required directors' meetings and statements to the department. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.240. - Acquisition of property to satisfy or protect previous loan.
 A state bank may take property of any kind to satisfy or protect a loan previously made in good faith and in the ordinary course of business. A bank may not take the capital stock of the bank or of the bank's parent holding companies unless it complies with AS 06.05.205 (d). The property shall be entered on the books at cost, or fair market value, whichever is less. Property acquired to satisfy or protect previous loans shall be disposed of over periods of time as the department may prescribe by regulation.
 Sec. 06.05.245. - Disposition of property not needed in the conduct of a banking business.
 All real and personal property not necessary for the convenient transaction or promotion of a banking business under AS 06.05.230 that comes into the possession of a state bank shall be disposed of as soon as possible. If the real or personal property is not sold within the time limit prescribed by the department in regulations, it shall be written off and may not be carried as an asset of the bank.
 Sec. 06.05.250. - Limitation on cost of banking premises. [Repealed, Sec. 10 ch 63 SLA 1969].
 Repealed or Renumbered
 Sec. 06.05.255. - Borrowing.
 (a) The aggregate amount of outstanding liabilities of a state bank for money borrowed exclusive of (1) capital notes and debentures issued under AS 06.05.307 , (2) obligations incurred in connection with the purchase of bank premises under AS 06.05.230 (1), and (3) agreements to repurchase securities, earlier sold by the bank, at the end of a stated period, may not at any time exceed 15 percent of the bank's total assets, or a larger amount if approved by the department.
 (b) Nothing in this section prevents a bank from rediscounting in good faith and endorsing any of its negotiable notes.
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.260. - Pledge of assets.
 (a) A bank may not give preference to a depositor or creditor by pledging any of the assets of a bank as collateral security except
 (1) to the state to secure state funds, or to a municipal corporation or other public corporation, municipal utility or municipal utility board, or political subdivision of the state to secure its funds, and to the United States as may be required to make the bank a depository for United States funds;
 (2) to secure a mortgage or deed of trust in connection with the purchase of banking premises as provided in AS 06.05.230 , if the only property pledged is property purchased in the transaction; or
 (3) to a federal reserve bank or federal home loan bank in the manner required by the applicable laws, regulations, and rules of the federal reserve bank or federal home loan bank, as applicable.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) A pledge, assignment or transfer of any of the assets of a bank in violation of this section is null and void against the creditors of the bank.
 Sec. 06.05.262. - Unauthorized assumption of liability.
 Except as expressly permitted in this chapter, a state bank may not assume liability as an insurer or as a guarantor or endorser of a security instrument or obligation unless the bank has a property interest in or with respect to the instrument or obligation. This section does not apply to warranty deeds issued by a bank.
 Sec. 06.05.265. - Liability of directors for excessive loans.
 A loan in violation of AS 06.05.200 - 06.05.260 makes the officers and directors of the bank jointly and severally liable to the bank for the loan.
 Sec. 06.05.270. - Investments.
 (a) In addition to loans and acquisitions expressly authorized by this chapter, a state bank may deal in, underwrite, and invest in for its own account the obligations that the department by regulation authorizes the bank to deal in, underwrite, or invest in for its own account.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) A state bank may purchase or sell, without recourse, any security upon the order of a customer and for the customer's account.
 Sec. 06.05.272. - Bank subsidiaries.
 (a) A state bank may purchase or establish, and operate, one or more subsidiaries engaged in any of the following activities, if the subsidiary has the necessary licenses and permits and the operation is not detrimental to the bank's business:
 (1) real property ownership, development, and leasing;
 (2) securities brokerage;
 (3) other activities authorized in regulations adopted under this section; or
 (4) other activities approved by the department.
 (b) Under this section, a bank may invest in subsidiaries an amount equal to the lesser of 20 percent of its total assets or 50 percent of its total capital accounts. Loans to subsidiaries are considered investments subject to the limitations of this subsection.
 (c) A subsidiary of a state bank is subject to examination by the department as part of the examination of the bank under AS 06.01.015 .
 (d) Notwithstanding any other provision of law, a state bank may not purchase, establish, or operate a subsidiary that engages in the business of insurance or real estate brokerage. However, a subsidiary that is owned or operated by a state bank and that engaged in the business of title insurance on or before January 1, 1993, as a subsidiary of that bank may continue to engage in that business as a subsidiary of that bank after January 1, 1993.
 Sec. 06.05.275. - Miscellaneous and incidental banking practices.
 (a) [Repealed, Sec. 102 ch 26 SLA 1993].
 (b) A bank may discount, invest in, negotiate, and issue trade acceptances and bank acceptances if
 (1) the terms of the draft require presentation for payment within 180 days of issuance, exclusive of days of grace, and it is drawn to finance the purchase of goods with maturity and payment in accordance with the terms of the purchase agreement;
 (2) the terms of the draft require presentation for payment within 180 days of issuance, exclusive of days of grace, and it is secured by shipping documents transferring or securing title to goods, or by receipt of a licensed or bonded warehouse securing title to readily marketable goods; or
 (3) the draft is drawn by a bank outside the continental limits of the United States for the purpose of furnishing dollar exchange for trade and its terms require presentation for payment within 90 days of issuance.
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.277. - Providing services as agent.
 (a) If a state bank complies with this section and if the department approves the provision of the services under this section, the state bank may agree to provide banking services as an agent for a depository institution.
 (b) A state bank that proposes to enter into an agency agreement under this section shall file with the department at least 60 days before the effective date of the agreement a request that the department approve the provision of the banking service. The request must include a
 (1) notice of intention to enter into an agency agreement with a depository institution;
 (2) description of the services proposed to be provided under the agency agreement; and
 (3) copy of the agency agreement
 (c) Except as provided by (d) of this section, the commissioner shall decide whether to approve a request submitted under (b) of this section and shall issue a decision within 60 days after receipt of the request. The department may ask for additional information after reviewing a request received under (b) of this section. If the department asks for additional information, the 60 days is calculated from the date the department receives the additional information.
 (d) When making its decision under (c) of this section, the department may consider the safety and soundness of the particular state bank and depository institution and whether providing the service is consistent with applicable federal and state law and with safe and sound banking practices.
 (e) Before approval under (c) or (f) of this section, the department shall give appropriate notice to the public of each request submitted to the department under (b) of this section.
 (f) If the department does not take action on a request submitted under (b) of this section within the time limit established in (c) of this section, the request is considered to have been approved by the department.
 (g) Notwithstanding the other provisions of this section, a state bank may not, under an agency agreement, provide by itself through an agent an activity that the state bank may not conduct under applicable state and federal law.
 (h) The department may order a state bank or another depository institution subject to this title to cease acting as an agent or principal under an agency agreement subject to this section if the department determines that the activity is inconsistent with safe and sound banking practices.
 Sec. 06.05.280. - Bank fees and charges connected with mortgage loans.
 (a) [Repealed, Sec. 102 ch 26 SLA 1993].
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) A director, officer, or employee of a bank may not receive a fee or other compensation of any kind in connection with obtaining a mortgage loan from a bank, except for services actually rendered as provided in this chapter.
 Sec. 06.05.300. - General corporate powers. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.301. - Applicability of corporations code.
 (a) Except for national banks with a principal place of business in the state, and interstate and international banks with a certificate of authority under AS 06.05.555 , a corporation may not engage in the banking business unless the corporation is organized under AS 10.06 (Alaska Corporations Code) and this title.
 (b) The provisions of AS 10.06 (Alaska Corporations Code) apply to state banks, except those provisions inconsistent with this chapter. The provisions inconsistent with this chapter include AS 10.06.010 (4) - (8), 10.06.105(a), 10.06.325, 10.06.356, 10.06.358 - 10.06.360, 10.06.370, 10.06.385 - 10.06.388, 10.06.420(i), 10.06.430, 10.06.453, 10.06.460(b), 10.06.485, 10.06.522 - 10.06.868, 10.06.915, 10.06.960, and 10.06.990(30) and (36).
 Sec. 06.05.305. - Capital structure.
 (a) A corporation may not commence and operate a banking business in the state in a community with a population of 35,000 or more unless the corporation has paid-in capital in an amount acceptable to the department, but not less than $2,000,000, and paid-in surplus equal to 20 percent of paid-in capital. A corporation may not commence and operate as a bank in the state in a community with a population less than 35,000 unless the corporation has paid-in capital in an amount acceptable to the department, but not less than $1,000,000, and paid-in surplus equal to 20 percent of paid-in capital. A bank may not operate any branches unless it has an aggregate paid-in capital and paid-in surplus in amounts acceptable to the department.
 (b) The capital of a state bank may not be reduced to an amount less than is required by the department for capital under (a) of this section. A reduction of capital or the liability of the shareholders is not valid until it is approved by the department.
 (c) If a state bank fails to maintain its total capital accounts and loan loss reserves in an amount equal to the assets classified as substandard by the Federal Deposit Insurance Corporation or by the state in the bank's latest report of examination, the department shall consider the failure as endangering the safety of depositors and may direct the bank's directors to increase the capital accounts in an amount sufficient to cover substandard assets.
 Sec. 06.05.307. - Capital notes or debentures.
 (a) A bank organized under the laws of this state may, with the approval of stockholders owning two-thirds of the stock of the bank entitled to vote or without this approval if authorized by its articles of incorporation, issue convertible or nonconvertible capital notes or debentures with the written consent of the department. The principal amount of notes and debentures outstanding at any time may not exceed 331/3 per cent of the capital stock and surplus fund of the bank at the date of issue. The rate and term are subject to the approval of the department but in no event may the term be more than 20 years after the date of issue.
 (b) A bank may not retire capital notes or debentures if the retirement creates an impairment of its capital. Capital notes and debentures are subordinated in right of payment in the event of insolvency or liquidation of the bank to the prior payment of all deposits and all claims of other creditors except the holders of securities on a parity with the capital notes and debentures and the holders of securities expressly subordinated to the capital notes and debentures.
 (c) Bank assets may not be pledged to secure capital notes and debentures but the bank may, for the security and the protection of the holders of the capital notes and debentures, agree through its board of directors to restrict the payment of dividends.
 (d) [Repealed, Sec. 102 ch 26 SLA 1993].
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.310. - Correction of impairment of capital.
 If the department determines that the order is necessary for the protection of depositors, the department may issue an order under AS 06.01.030 to require a state bank to increase its capital accounts or to reduce its deposits. In making a decision whether to issue an order under this section, the department shall consider the
 (1) quality of management;
 (2) quality and liquidity of assets;
 (3) history of earnings and retention of earnings;
 (4) quality and character of ownership;
 (5) potential volatility of deposit structure;
 (6) quality and cost of bank operations; and
 (7) capacity to meet present and future needs of the area served, considering the bank's competition.
 Sec. 06.05.315. - Double stockholder liability. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.320. - Bank purchases of own shares.
 Except in accordance with written approval of the department, a bank may not purchase its own capital stock.
 Sec. 06.05.325. - Bank stock as personalty. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.327. - Change in outstanding voting shares.
 Before a change may occur in the outstanding voting shares of a state bank that will result in a change in the control of the bank, or before any sales or transfers by or to a person, corporation or other legal entity of the aggregate of 10 percent or more of the voting shares of a state bank may be made, the transaction must be approved by the department.
 Sec. 06.05.330. - Incorporators. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.335. - Notice of intention to incorporate, establish branch bank or relocate. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.340. - Remuneration for organizing state banks.
 A bank may not pay directly or indirectly a fee, commission, or bonus of any kind for its promotion and organization or for securing a subscription to the original capital or to any increase in capital. However, this section does not prohibit the payment of reasonable compensation for legal, accounting, and econometric services, or payments to a securities broker-dealer registered under AS 45.55 for services that have been performed in connection with the sale of bank securities.
 Sec. 06.05.342. - Subscriptions for shares.
 (a) Subscription agreements and accompanying prospectuses or offering circulars, whether for a proposed state bank or for an increase in capital of an existing state bank, shall be submitted to the department for approval before their use. The department shall determine whether the subscription agreements or offering circulars provide full and accurate disclosure of the material terms of the offering. The department may order the incorporators not to accept any stock subscriptions or to cease accepting subscriptions if the department determines that the incorporators are not acting lawfully or in good faith.
 (b) In the case of a proposed state bank, the incorporators shall submit a list of subscribers, providing the name, residence address, and occupation of each subscriber and the number of shares for which the person has subscribed.
 Sec. 06.05.344. - Application for approval of state bank.
 (a) Before the department issues a certificate of incorporation under AS 10.06.910 for a state bank, the incorporators of a proposed state bank shall obtain the approval of the department. In applying for the approval, the incorporators shall file with the department
 (1) an application in the form and containing the information the department requires, including
 (A) for each incorporator and proposed director, and for each preincorporation subscriber of more than five percent of the capital stock, any past and present connection with a bank other than as a customer on terms generally available to the public;
 (B) the name, residence, and occupation of each preincorporation subscriber and the number of shares subscribed for by the subscriber;
 (C) the address of the proposed place of business of the bank or, if an address is not available, a legal description of the proposed place of business; and
 (2) the proposed articles of incorporation; and
 (3) all applicable fees, payable to the department, for the filing.
 (b) Investigation expenses incurred by the department in processing an application for approval of a proposed bank shall be charged to and paid by the applicant under AS 06.01.010 . When submitting the application to the department, the applicant shall pay to the department $2,000 in partial payment of the investigation expenses incurred by the department. If the investigation expenses incurred by the department are less than $2,000, the department shall promptly refund the excess to the applicant.
 (c) The department shall notify the incorporators of its decision whether to accept an application for a proposed state bank. If the application and accompanying documents required by (a) of this section do not conform to the requirements of this chapter and the regulations adopted under this chapter, the department shall return the documents with an explanation of the defects. If the department does not act within 30 days of receipt of the application, the application is considered to be accepted. Acceptance of the application does not constitute approval.
 (d) The incorporators shall publish notice of the department's acceptance of the application for a proposed state bank and acceptance of the articles of incorporation once each week for two successive weeks in a newspaper of general circulation published in the community proposed as the bank's principal place of business. If there is no newspaper of general circulation in the community, the notice shall be published in a newspaper of general circulation near the community. The first publication of the notice must appear within 15 days after the application and articles of incorporation have been accepted by the department. The notice must state
 (1) the name of the proposed state bank;
 (2) that the proposed bank is to be incorporated under this chapter and AS 10.06;
 (3) the purpose of the proposed bank; and
 (4) the names and addresses of the incorporators and the initial board of directors as the names and addresses appear in the articles of incorporation.
 (e) To prove that the publication required by (d) of this section was made, the incorporators shall file with the department an affidavit of the publisher of the newspaper in which the notice was published.
 (f) Upon acceptance of an application for approval of a proposed state bank, the department shall conduct an investigation to determine whether
 (1) the convenience and needs of the public will be served by the bank;
 (2) the population density and economic characteristics of the area primarily to be served by the bank afford reasonable promise of adequate support for the bank;
 (3) the character and fitness of the incorporators and the members of the initial board of directors command the confidence of the community and warrant the belief that the business of the bank will be honestly and efficiently conducted;
 (4) the proposed capital structure of the bank meets the requirements set by the department under AS 06.05.305 ;
 (5) the bank will have personnel with adequate knowledge and experience to conduct its business and officers of good character and financial responsibility;
 (6) the addition of the bank is not detrimental to a sound and competitive banking system; and
 (7) other relevant facts and circumstances exist that bear on the bank and its relation to the community.
 (g) The department shall approve or deny an application within six months after the application for approval has been accepted. The time may be extended by up to six additional months when the department determines that an extension is warranted by exceptional circumstances. Within 60 days after the second publication of the notice required by (d) of this section, a person opposing approval of the application may file written objections with the department. When it approves or denies the application, the department shall notify the incorporators and a person who requested in writing to be notified, and, if the application is denied, the department shall state the reasons for its decision and return all copies of the articles of incorporation.
 (h) If the department approves the application, the department shall endorse the approval on the articles of incorporation, file the articles of incorporation, and issue a certificate of incorporation under AS 10.06.910 .
 Sec. 06.05.345. - Articles of incorporation.
 (a) In addition to those items required under AS 10.06.208 , the articles of incorporation of a state bank must specify
 (1) the judicial district in which the bank is to be located and the community where the bank is to conduct its principal place of business;
 (2) the amount of its capital stock, which shall be divided into shares having a par value of not less than $1 each;
 (3) that there will be at least five but no more than 25 directors; and
 (4) the period for which the bank is organized, if limited.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) [Repealed, Sec. 102 ch 26 SLA 1993].
 (d) [Repealed, Sec. 102 ch 26 SLA 1993].
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 (f) [Repealed, Sec. 102 ch 26 SLA 1993].
 (g) [Repealed, Sec. 102 ch 26 SLA 1993].
 (h) [Repealed, Sec. 102 ch 26 SLA 1993].
 (i) [Repealed, Sec. 102 ch 26 SLA 1993].
 (j) [Repealed, Sec. 102 ch 26 SLA 1993].
 (k) [Repealed, Sec. 102 ch 26 SLA 1993].
 (l) A bank may amend its articles of incorporation in a manner consistent with its articles and bylaws, AS 10.06, and this chapter by a vote of its shareholders representing at least a majority of the capital at a regular meeting or at a special meeting called for the purpose.
 Sec. 06.05.350. - Certificate of authority.
 (a) At any time after receiving a certificate of incorporation, a bank may apply to the department for a certificate of authority to engage in the banking business. Before receiving a certificate of authority, a bank may not perform an act other than to perfect its organization, obtain and equip a place of business, obtain subscriptions and payment for its shares, and otherwise prepare to do business. If a bank violates this subsection by transacting business before it receives a certificate of authority, the directors and officers who wilfully authorized or participated in the action are personally, jointly, and severally liable for the debts and liabilities of the bank incurred before the certificate of authority is issued.
 (b) The department shall issue a certificate of authority to engage in the banking business to a proposed state bank if, upon review of the information required by this chapter, including the following, it approves the application:
 (1) certification by an officer by affidavit that the capital and surplus required by the department have been fully paid in cash;
 (2) a list of all shareholders, giving the name, address, and number of shares held by each;
 (3) bylaws of the corporation;
 (4) evidence satisfactory to the department that the bank has complied with all the requirements of this chapter and any conditions imposed by the department and has advised the department in writing of any changes that have occurred in the facts reflected in the material it filed under AS 06.05.344 .
 (c) If the rights conferred by a certificate of authority are not exercised within one year from the date of its issuance, the certificate lapses.
 (d) Except as authorized under this section, a person may not
 (1) engage in the business of receiving deposits, discounting evidences of indebtedness, or receiving money for transmission;
 (2) represent that the person is, or acts for, a bank; or
 (3) use an artificial or corporate name that purports to be or suggests that it is the name of a bank.
 Sec. 06.05.355. - Deposit insurance required.
 (a) The department may require a state bank, either at the time the bank applies for a certificate of authority or during the bank's existence, to become a member of the Federal Deposit Insurance Corporation.
 (b) A bank that is a member of the Federal Deposit Insurance Corporation may not voluntarily relinquish membership without the consent of the department. Request for the consent must be made at least 180 days before the proposed date of relinquishment.
 (c) Relinquishment of membership without giving notice and obtaining the department's consent, involuntary loss of membership, or failure to become a member after the department directs the bank to become a member constitutes cause for the department to take possession of the bank in the manner provided by this chapter.
 Sec. 06.05.360. - Foreign persons engaged in banking. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.365. - Application for charter. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.367. - Banks of foreign nationals engaging in a banking business in the state. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.370. - 06.05.375 - Charters; subscription calls. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.380. - Affidavit of capital paid in. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.385. - Organizational meeting.
 (a) A state bank may not call an organizational meeting under AS 10.06.223 until all capital and surplus have been fully paid.
 (b) Bylaws shall be adopted and may be amended by a vote of the holders of a majority of the outstanding voting shares voted at a meeting of the shareholders. If not provided in the articles of incorporation, the bylaws must indicate the organizational structure of the bank and specifically designate the offices that will be held by the executive or managing officers of the bank. The bank shall file with the department copies of the original bylaws of the bank and any amendments adopted for the bylaws.
 Sec. 06.05.390. - , 06.05.395. Reimbursement of officer, director or employee for expenses in defending suits; certificate of authority required. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.399. - Application for certificate of authority for branch bank or change of location.
 (a) Before operating a branch bank at a permanent location or a mobile facility branch bank, or changing the location of the principal office or a branch of the bank at a permanent location, a state bank must apply to the department for a certificate of authority to do so. The application must be in the form and contain the information the department requires to enable the department to determine whether a certificate of authority should be issued, including the address at which the state bank or branch at a permanent location will operate. Investigation expenses incurred by the department in processing applications shall be charged to and paid by the applicant as provided in AS 06.01.010 . At the time of submitting the application to the department, the applicant shall pay to the department $1,000 in partial payment of those investigation expenses incurred by the department. If the investigation expenses incurred by the department do not exceed $1,000, the remainder shall be promptly refunded to the applicant. In this subsection, "mobile facility branch bank" means a branch bank that moves from one location to another to provide banking services and that is located in or serves remote areas of the state not being adequately served by permanently located banks or bank branches.
 (b) The department shall notify the state bank of its action on the application for a branch bank or for a change of location. If the application and the accompanying documents do not conform to the requirements of (a) of this section, the department shall return them with an explanation of the defects in them. If the department does not respond within 30 days of its receipt of the application, the application shall be considered to have been accepted.
 (c) The state bank shall publish notice of the application for a branch bank or for a change in location in the manner provided in AS 06.05.344(d) - (e). The notice shall state the proposed location for the facility.
 (d) Upon acceptance of an application for a certificate of authority to operate a branch bank or for approval to change location, the department shall conduct an investigation to ascertain whether
 (1) the addition of the proposed facility in the community is consistent with a sound and competitive banking system;
 (2) the population density and other economic characteristics of the area primarily to be served afford reasonable promise of adequate support for the proposed facility;
 (3) the capital structure of the state bank is adequate in relation to the anticipated business and costs of operating at the proposed location;
 (4) the name is not deceptively similar to that of another branch or bank and is not otherwise misleading.
 (e) No later than 150 days after the application for a certificate of authority to operate a branch bank or to change location has been accepted, the department shall make a determination whether to approve the application. Within 30 days after the second publication of the notice referred to in (c) of this section, a person opposing the pending application may file written objections with the department. When it approves or denies the application, the department shall notify the bank and any other person who requested in writing to be notified; and if the application is denied, the department shall state the reasons for its decision.
 (f) The department shall issue a certificate of authority to operate a branch bank or to change location if
 (1) all conditions imposed by the department in granting the certificate have been fulfilled; and
 (2) the requirements of this chapter are satisfied.
 (g) If the rights conferred by a certificate of authority are not exercised within one year from the date of its issuance under this section, the certificate lapses.
 Sec. 06.05.400. - 06.05.425 - Certificate of authority. [Repealed, Sec. 54 ch 169 SLA 1978. For current law, see AS 06.05.350 ].
 Repealed or Renumbered
 Sec. 06.05.426. - Automated teller machines.
 (a) A state bank may establish, maintain, and operate an automated teller machine on the premises of the main office or a branch office of the bank.
 (b) A state bank may establish, maintain, and operate an automated teller machine at a location other than bank premises with the prior approval of the department. An automated teller machine operated off bank premises shall be made available on a nondiscriminatory basis for use by other banks authorized to do business in the state and their customers, upon the agreement of the other banks to pay a fair and equitable amount for the use of the machine.
 (c) For each automated teller machine that a state bank proposes to establish or operate under (b) of this section, the state bank shall submit an application to the department for the machine. The application must contain the following:
 (1) the location and general description of the surrounding area, including a description of any business establishment in which the machine will be located;
 (2) the name of the manufacturer and owner of the machine;
 (3) the manner of operation, including whether the machine is on-line and the kinds of transactions the machine will perform;
 (4) the names of the other banks that will share the machine's services; and
 (5) other information required by the department.
 (d) A state bank may invest in a corporation organized to operate machines that perform automated teller services for two or more banks, if each bank owns part of the capital stock of the corporation.
 Sec. 06.05.430. - Meetings of stockholders. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.435. - Directors.
 (a) The affairs of every bank incorporated under this chapter shall be managed by not less than five directors, nor more than 25. A majority of the board of directors shall be bona fide residents of the state and a majority constitutes a quorum for the transaction of business.
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) Unless otherwise approved by the department, each director of a bank shall own, in the director's own right or jointly with the director's spouse, free of any encumbrance, capital stock of the bank in an amount equal to at least $1,000 in par value.
 (d) Each director shall take an oath that the director will faithfully and honestly perform the duties of the office and will not violate or permit to be violated any provisions of this chapter. The oath shall be filed annually in the office of the department.
 (e) [Repealed, Sec. 102 ch 26 SLA 1993].
 (f) A bank shall report within 30 days to the department a change in directors, including a statement of the business and professional affiliations of new directors.
 (g) The department may issue an order under AS 06.01.030 removing a person from the board of directors or prohibiting a person from being on the board, if the department determines that
 (1) due to the competence, experience, character, or integrity of the person, it is not in the best interests of the depositors or the public for the person to be or remain on the board;
 (2) the person is dishonest or reckless in managing the affairs of the bank;
 (3) the person has persistently violated this title, the regulations adopted under this title, or the orders of the department under this title or under the regulations adopted under this title;
 (4) the person has been indicted for a felony or other crime involving moral turpitude or breach of trust; or
 (5) the person has filed a petition in bankruptcy either in an individual capacity or in the name of a corporation in which the person owns a majority of the shares.
 Sec. 06.05.437. - Officers.
 (a) The officers of a bank shall be chosen by the board of directors. An officer may not be appointed to serve for a period longer than one year. If a president of a bank or other chief officer responsible for the management of the bank is not a director, the officer must be an ex officio member of the board of directors without the power to vote.
 (b) A bank shall report within 30 days to the department any changes among executive officers, including in its report a statement of the business and professional affiliations of new executive officers.
 (c) If the department determines that an officer or employee of the bank has been negligent, dishonest, reckless, or incompetent in the performance of official duties, the department may order the board to remove the officer or employee from office, after giving the board and the officer or employee an opportunity for a hearing under AS 06.01.030. If the board neglects or refuses to remove the officer or employee from office and if losses due to the negligence, dishonesty, recklessness, or incompetence of the officer or employee accrue to the bank after the neglect or refusal, the order of the department is conclusive evidence of the negligence of the board under this subsection in an action brought against the board, or a member of the board, for recovery of the losses.
 Sec. 06.05.438. - Directors, meetings and duties.
 (a) The board of directors of each bank shall hold a meeting at least once each month for at least 10 months in each calendar year.
 (b) The board of directors shall elect a secretary who shall keep a correct record of the minutes of each board meeting. The minutes shall state the date of each meeting, the names of the directors present and the votes taken. The record of the meeting of the board of directors shall be subscribed to by the presiding officer and the secretary. The minutes shall be read and approved at the next succeeding meeting and the minutes of that meeting shall show that fact. It is the duty of the bank examiner to examine the minutes of the board at the time of the bank's examination and to include in the report of examination any failure of the bank to comply with this section.
 (c) The board of directors shall designate at least one officer of the bank to prepare and submit to the board at each board meeting a report of the loans, overdrafts, and investments made by the bank in the preceding month or since the last report. The board of directors shall examine and pass upon the report and make it a part of the record of the meeting by recording the report in full in the minutes.
 (d) The board of directors shall appoint annually an examining committee of no less than three directors of which no more than one may be an active officer of the bank. The committee shall examine or cause to be examined the condition of the bank. A copy of the report shall be submitted to the department within 60 days after completion of the examination.
 (e) Unless prohibited by the articles or bylaws of the state bank, the board of directors or a committee of the board may validly conduct a meeting by communicating simultaneously with each other by means of conference telephones or similar communications equipment.
 (f) The department may require a meeting of the board of directors of a state bank to be held in the manner and at the time and place the department directs when, in the judgment of the department, a violation of this title has occurred or is about to occur. A report of an examination required or allowed by this title, the conclusions drawn from the examination by the department, recommendations made by the department, and other matters concerning the operation and condition of the bank may be presented to the board of directors by the department. If the department presents a report of examination or other information is presented to the board, each member of the board of directors shall furnish to the department a statement, on forms to be supplied by the department, that the member has read and is familiar with the recommendations of the department.
 Sec. 06.05.440. - Authority to declare dividends.
 The directors of a bank transacting business in the state may declare a dividend out of the net profits, subject to any restrictions under AS 06.05.307(c) and after complying with AS 06.05.441 - 06.05.445.
 Sec. 06.05.441. - Conditions precedent to dividend declaration and payment.
 (a) Before a bank dividend is declared or the net profits for the period covered by the dividend disposed of, and after the restoration of any undivided profits or surplus under AS 06.05.442 , not less than one-fifth of these net profits shall be carried to the bank surplus account until the surplus account equals 100 percent of the paid-in capital of the bank.
 (b) The department may require a bank to suspend the payment of any dividends until all orders or requirements of this section and AS 06.05.442 have been complied with.
 Sec. 06.05.442. - Restoration of surplus before payment of dividends.
 A loss sustained by a bank in excess of its undivided profits and any capital contingency reserves shall be charged to its surplus account or, with the approval of the department, carried as negative undivided profits. The bank's undivided profits and surplus account shall thereafter be reimbursed from earnings, and no dividends may be declared or paid by the bank until any negative undivided profits are eliminated and the surplus account is restored to at least the amount from which the surplus was originally reduced.
 Sec. 06.05.443. - Limitation on dividends. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.445. - Determining net profits.
 (a) A bank may not declare or pay a dividend in an amount greater than its net undivided profits then on hand.
 (b) In determining net profits for the purpose of declaring a dividend, a bank may not include in its calculations
 (1) loan loss reserves and losses in excess of reserves, including loans or other credits upon which interest for a period of six months is due and unpaid, unless the loan or credit is well secured and in the process of collection;
 (2) interest accrued but not collected on loans or other credits upon which the interest due is more than 90 days delinquent;
 (3) interest collected but not earned;
 (4) assets or depreciation that the department has required to be charged off;
 (5) the appreciation of any asset above its actual cost to the bank; and
 (6) any accrued expenses, interest or taxes due from the bank.
 Sec. 06.05.450. - Shareholders list.
 Each bank shall keep a record of the name and residence of each shareholder of the bank, the class and number of shares held by each, the time when each person became a shareholder, and all transfers of stock, stating the time when made, the number of shares, and by whom transferred. A list of current shareholders shall be available for inspection in the bank office by any shareholder on demand.
 Sec. 06.05.455. - Deposit insurance. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.460. - Report upon inactive deposit accounts. [Repealed, Sec. 14 ch 133 SLA 1986].
 Repealed or Renumbered
 Sec. 06.05.462. - Conversions, mergers and consolidations.
 (a) A national bank located in the state may convert to a state bank or merge or consolidate with a state bank, and a state bank may merge or consolidate with another state bank, if the merger or consolidation is consistent with federal and state law and approved by the department.
 (b) Before merger or consolidation under (a) of this section, banks shall file with the department an application and other information and reports that the department requires.
 (c) The department, in the exercise of its power to approve or disapprove applications for merger or consolidation, shall act in the interests of promoting and maintaining a sound banking system, the security of deposits and customers, the preservation of the liquid position of banks, and in the interest of preventing injurious credit expansions and contractions.
 (d) A state bank converting to or merging or consolidating with a national bank shall submit a copy of the application for national charter or application to convert, merge, or consolidate to the department at the time those documents are forwarded to the comptroller of the currency.
 Sec. 06.05.463. - [Renumbered as AS 06.05.120 ].
 Repealed or Renumbered
 Article 06 - LIQUIDATION, DISSOLUTION AND REORGANIZATION
 Sec. 06.05.465. - Voluntary liquidation; requirements for approval. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.466. - Dissolution before commencement of business.
 If the department discovers, after it approves the articles of incorporation for a bank but before it issues a certificate of authority to the bank, a reason why a bank should not have been incorporated, or if a certificate of authority is not issued within the later of one year after the issuance of the certificate of incorporation or the time the department allows for satisfaction of conditions precedent to the issuance of a certificate of authority, the bank shall voluntarily dissolve under AS 10.06.605 - 10.06.625 or may be involuntarily dissolved by the department under AS 10.06.633 .
 Sec. 06.05.468. - Cease and desist; opportunity for hearing; department takeover.
 (a) A state bank may be closed and the department may take possession of the bank if the bank voluntarily places its affairs and assets under the department's control, or if the department finds
 (1) the bank has violated an order of the department;
 (2) the bank has violated a provision of this chapter or a regulation of the department adopted under this chapter;
 (3) the bank's capital is impaired or the bank is otherwise in an unsafe or unsound condition;
 (4) the bank's business is being conducted in an unlawful, unsafe, or unsound manner;
 (5) the bank is insolvent;
 (6) the bank is unable to continue normal operations;
 (7) a department examination of the bank is obstructed or impeded;
 (8) the bank holding company that controls the bank refuses to permit an examination as provided in AS 06.05.235 ; or
 (9) the bank has lost, or received notice of the termination or suspension of, its membership in the Federal Deposit Insurance Corporation or has relinquished its membership in the Federal Deposit Insurance Corporation without the consent of the department.
 (b) Except as provided in (d) of this section, before the department may take possession of a bank the department shall issue a notice to the board of directors of the bank under AS 06.01.030 (a) of the problems identified by the department and issue an order to the board under AS 06.01.030 (b) to correct the problems. The notice must also specify that failure to comply with the order may result in the department taking possession of the bank.
 (c) If a bank fails to comply with an order issued under (b) of this section, the department may take possession of the bank by posting upon the bank premises a notice stating that the department is assuming possession under this chapter. Department possession begins when the notice is posted. The notice shall also be filed in the superior court of the judicial district in which the bank is located. The department shall notify the local federal reserve bank if the bank is a member of the Federal Reserve System.
 (d) Notwithstanding the provisions of this section and AS 06.01.030 , if, in the opinion of the department, an emergency exists that will result in serious losses to the depositors, the department may take possession of a bank without prior hearing. Within two days after the department takes possession under this subsection, an interested party may file with the department an application for an order vacating the possession. The department shall grant the application if the department finds that the department's action was not authorized under this chapter.
 Sec. 06.05.470. - Department in possession.
 (a) [Repealed, Sec. 102 ch 26 SLA 1993].
 (b) When the department has taken possession of a state bank, it is vested with the full and exclusive power of management and control, including the power to continue or discontinue the business, to stop or limit the payment of the bank's obligations, to employ necessary assistants, to execute any instrument in the name of the bank, to commence, defend, and conduct in the bank's name any action or proceeding in which the bank may be a party, to terminate the possession by restoring the bank to its board of directors, and to reorganize or liquidate the bank under this chapter. As soon as practicable after taking possession, the department shall make an inventory of the assets and file a copy of the inventory with the superior court.
 (c) When the department has taken possession, there shall be a postponement, until six months after the commencement of that possession, of the date upon which any period of limitation fixed by a statute or agreement would otherwise expire on a claim or right of action of the bank, or upon which an appeal must be taken or a pleading or other document must be filed by the bank in any pending action or proceeding.
 (d) [Repealed, Sec. 102 ch 26 SLA 1993].
 (e) [Repealed, Sec. 4 ch 8 SLA 1987].
 (f) [Repealed, Sec. 102 ch 26 SLA 1993].
 (g) A judgment, lien, or attachment may not be enforced against any asset of the bank while it is in possession of the department. Upon the election of the department in connection with a liquidation or reorganization,
 (1) any lien or attachment, other than an attorney's or mechanic's lien, obtained upon any asset of the bank during the department's possession or within four months before commencement of that possession, may be vacated, except liens created by the department while in possession; and
 (2) any transfer of an asset of the bank made after or in contemplation of its insolvency or in anticipation of the department's takeover, with intent to effect a preference of one creditor over another creditor or to prevent the distribution of the bank's assets according to law, is void.
 (h) The department may borrow money in the name of the bank in its possession and may pledge assets of the bank as security for the loan.
 (i) All necessary and reasonable expenses resulting from the department's possession of a bank and of its reorganization or liquidation shall be paid from the assets of the bank.
 (j) [Repealed, Sec. 102 ch 26 SLA 1993].
 (k) [Repealed, Sec. 102 ch 26 SLA 1993].
 (l) [Repealed, Sec. 102 ch 26 SLA 1993].
 (m) [Repealed, Sec. 102 ch 26 SLA 1993].
 (n) [Repealed, Sec. 102 ch 26 SLA 1993].
 (o) [Repealed, Sec. 102 ch 26 SLA 1993].
 (p) [Repealed, Sec. 102 ch 26 SLA 1993].
 (q) [Repealed, Sec. 102 ch 26 SLA 1993].
 (r) [Repealed, Sec. 102 ch 26 SLA 1993].
 (s) [Repealed, Sec. 102 ch 26 SLA 1993].
 (t) [Repealed, Sec. 102 ch 26 SLA 1993].
 (u) [Repealed, Sec. 102 ch 26 SLA 1993].
 (v) [Repealed, Sec. 102 ch 26 SLA 1993].
 (w) [Repealed, Sec. 102 ch 26 SLA 1993].
 (x) [Repealed, Sec. 102 ch 26 SLA 1993].
 (y) [Repealed, Sec. 102 ch 26 SLA 1993].
 (z) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.05.471. - Reorganization.
 (a) If the department decides to reorganize a state bank, the department, after according a hearing to all interested parties, shall enter an order proposing a reorganization plan. The department shall send a copy of the plan to each depositor and creditor who will not receive payment of a claim in full under the plan, and a notice that, unless within 30 days the plan is disapproved in writing by persons holding one-third or more of the aggregate amount of the claims, the department will reorganize the bank.
 (b) A plan of reorganization may not be prescribed under this chapter unless, in the opinion of the department,
 (1) the plan is fair to all classes of depositors, creditors, and shareholders;
 (2) subject to a fair adjustment for new capital that a class will pay under the plan, the face amount of the interest accorded to a class of depositors, creditors, or shareholders under the plan does not exceed the value of the assets at liquidation less the full amount of the claims of all prior classes;
 (3) the plan provides for the issuance of common stock in an amount that will provide an adequate ratio to deposits;
 (4) any exchange of new common stock for obligations or stock of the bank will be made
 (A) in the inverse order of the priorities in liquidation of the classes that will retain an interest in the bank; and
 (B) upon terms that adjust in a fair manner any change in the relative interest of the respective classes that will be produced by the exchange;
 (5) the plan assures the removal of a director, officer, or employee responsible for a problem identified by the department under AS 06.05.468(a) - (b), including an unsafe, unsound, or unlawful action or the existence of an unsafe or unsound condition;
 (6) any merger or consolidation provided by the plan complies with this chapter.
 (c) When in the course of reorganization, supervening conditions render a plan of reorganization unfair or its execution impractical, the department may modify the plan or liquidate the bank.
 Sec. 06.05.472. - Liquidation.
 (a) In liquidating a state bank, the department may exercise any power incidental to liquidating a bank, but it may not, without the approval of the superior court,
 (1) sell an asset of the bank having an appraised value in excess of $100,000;
 (2) compromise or release a claim that exceeds $100,000, exclusive of interest;
 (3) make full payment on a claim, other than a claim upon an obligation incurred by the department, before preparing and filing a schedule of the department's determinations under AS 06.05.473 (d)(3).
 (b) Within six months after beginning the liquidation of a bank, the department may terminate an executory contract for services or advertising to which the bank is a party or an obligation of the bank as a lessee. A lessor who receives 60 days' notice of the department's decision to terminate a lease does not have a claim for rent, other than rent accrued to the date of termination, or for damages due to the termination.
 (c) As soon as practical after beginning the involuntary liquidation of a bank, the department shall take the steps necessary to terminate all fiduciary positions held by the bank, to surrender all property held by the bank as a fiduciary, and to settle the fiduciary accounts of the bank.
 Sec. 06.05.473. - Claims.
 (a) As soon as practical after beginning the liquidation of a state bank, the department shall
 (1) mail notice of the liquidation proceedings to the last known post office address of each depositor, creditor, lessee of a safe deposit box, or bailor of property;
 (2) post notice of the proceedings conspicuously on the premises of the bank; and
 (3) publish notice that the department determines to be appropriate for the proceedings.
 (b) The department shall mail with the notice sent under (a)(1) of this section a statement of the amount shown on the bank's books to be the claim of the depositor or creditor. The notice must also include a demand that a person who is entitled to property held by the bank as bailee or in a safe deposit box of the bank withdraw the property within 30 days. The notice must direct those depositors and creditors who claim amounts different from the amounts in the notice to file their claims with the bank under the procedure described in the notice and before a specified date. The specified day may not be less than 60 days from the date of the first publication of the notice.
 (c) A safe deposit box whose contents have not been removed within 30 days after demand shall be opened. The department shall retain the contents of the box and the other unclaimed property held by the bank as bailee until the conclusion of the liquidation proceedings. At the conclusion of the liquidation proceedings, the property held by the department under this subsection is considered abandoned, and the department shall turn the property over to the Department of Revenue for handling under AS 34.45.110 - 34.45.780.
 (d) Within six months after the last day specified in the notice for the filing of claims, or within a longer period if allowed by the superior court, the department shall
 (1) reject a claim that it determines to be invalid;
 (2) determine the amount, if any, owing to each known creditor or depositor and the priority class of the person's claim under this chapter;
 (3) prepare a schedule of its determinations for filing in the superior court;
 (4) publish a notice in a newspaper once each week for three successive weeks, of the times and places where the schedule of determinations will be available for inspection and the date when the department will file its schedule in court; the date may not be sooner than 30 days after the first publication.
 (e) Within 30 days after the filing with the superior court of the department's schedule under (d)(3) of this section, a creditor, depositor, or stockholder may file with the court an objection to a determination. The court shall hear and determine the filed objections after the notice to the department and interested claimants that the court establishes. If the court sustains an objection, the court shall direct that the schedule be modified appropriately.
 (f) After filing its schedule, the department may make partial distribution to the holders of the claims that are undisputed or are allowed by the court, if an adequate reserve is established for the payment of disputed claims. As soon as practicable after the determination of all objections, the department shall make the final distribution.
 (g) The following claims have priority in liquidation proceedings, in the order listed:
 (1) obligations incurred by the department in liquidating the bank;
 (2) wages and salaries of officers and employees earned during the three-month period preceding the department's possession in an amount not exceeding $3,000 for each person;
 (3) fees and assessments owed by the bank to the department;
 (4) deposits;
 (5) claims secured by assets pledged under AS 06.05.260 (a).
 (h) After the payment of all other claims, including interest at the rate of 10.5 percent a year, the department shall pay claims that are otherwise valid but that were not filed within the time prescribed.
 (i) If the sum available for a class of creditors is insufficient to provide payment in full, the sum shall be distributed pro rata to the claimants in the class.
 (j) When the department has liquidated a bank, any assets remaining after all claims have been paid shall be distributed to the shareholders in accordance with their respective interests.
 (k) Unclaimed funds remaining after the completion of the liquidation by the department shall be handled under AS 34.45.110 - 34.45.780.
 (l) When the assets have been distributed in accordance with this chapter, the department shall file an accounting with the superior court. Upon approval of the account, the department is relieved of liability in connection with the liquidation, and the court shall cancel the certificate of authority of the bank and enter an order of dissolution. When the order is filed, the department shall issue a certificate of dissolution of the corporation.
 Sec. 06.05.474. - Federal Deposit Insurance Corporation as receiver or liquidator.
 The department may appoint the Federal Deposit Insurance Corporation as receiver for a state bank that the department has taken possession of, if the deposits of the bank are insured by that corporation. Upon filing with the court a certificate indicating the acceptance of the appointment by the Federal Deposit Insurance Corporation, the possession of and title to all the assets, business, and property of the bank are transferred to that corporation. The department is then relieved of all responsibility and liability with respect to the reorganization or liquidation of the bank. The Federal Deposit Insurance Corporation may liquidate, reorganize, merge, or consolidate the bank in the manner permitted by the laws of the United States or by this chapter, and possesses all the rights, powers, duties and obligations of the department in the liquidation, reorganization, merger, or consolidation of the bank under this chapter.
 Sec. 06.05.475. - Subrogation of rights of depositors. [Repealed, Sec. 54 ch 169 SLA 1978].
 Repealed or Renumbered
 Article 07 - PROHIBITED PRACTICES AND SANCTIONS
 Sec. 06.05.480. - 06.05.510. - Prohibited practices. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.510
 Repealed or Renumbered
 Sec. 06.05.515. - Slander and libel of bank. [Repealed, Sec. 21 ch 166 SLA 1978].
 Repealed or Renumbered
 Sec. 06.05.520. - , 06.05.525. Penalty; injunction. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.05.525
 Repealed or Renumbered
 Article 08 - GENERAL PROVISIONS
 Sec. 06.05.530. - Effect on existing banks. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Sec. 06.05.532. - Concentration of deposits.
 (a) Unless expressly otherwise allowed under this title, an acquisition, a merger, or an ownership transaction is not permitted between a depository institution in this state and a depository institution in another state, if upon consummation of the acquisition, merger, or transaction the resulting depository institution, whether organized under state or federal law, controls 50 or more percent of the total amount of the deposits held by all depository institutions in this state.
 (b) The department may by regulation adopt a procedure that allows the department to waive the restriction in (a) of this section if the department finds that the purposes of this title will be fulfilled and the acquisition, merger, or transaction is in the public interest.
 Sec. 06.05.535. - Construction with subsequent legislation.
 No part of this chapter shall be considered to be impliedly repealed by subsequent legislation not specifically repealing it if that construction can be avoided.
 Sec. 06.05.537. - Copies of records for child support purposes.
 If a copy of a record concerning an individual who owes or is owed child support, including a record concerning assets and liabilities of the individual, prepared or maintained by a bank of this state is requested by the child support enforcement agency established in AS 25.27.010 or the child support enforcement agency of another state, the bank shall provide the requesting agency with a certified copy of the record. If information is prepared or maintained by the bank in an electronic data base, the bank may provide the requesting agency a copy of the electronic record and a statement certifying its contents. The agency receiving information under this section may use the information only for child support purposes authorized under law.
 Sec. 06.05.540. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "automated teller machine," means a staffed or unstaffed electronic device or terminal that permits a bank customer to accomplish various financial transactions, including depositing or withdrawing funds, making loans, and transferring funds between accounts, and includes a similar device or facility known or referred to by another name or designation, including customer-bank communication terminal, electronic fund transfer device, or 24-hour teller, but does not include a machine that is operated by more than one bank;
 (2) "bank" means a person doing a banking business, including persons subject to the law of this or another jurisdiction;
 (3) "banking" means performing activities that
 (A) include, at a minimum, soliciting, receiving, or accepting money or its equivalent on deposit, whether the deposit is made subject to a check or is evidenced by a certificate of deposit, passbook, note, receipt, or other writing; in this subparagraph, "deposit" does not include a deposit made by an agent for a principal; and
 (B) may also include the negotiation for and discounting of promissory notes or other evidences of indebtedness, selling and buying money or its equivalent, lending money on personal or real property or other security, or performing other similar financial operations;
 (4) "branch bank" includes an office, agency, or other place of business located in the state and at which deposits are received, checks are paid, or money is lent, but does not include either the principal office of a bank or an automated teller machine;
 (5) "capital" means the amount of outstanding common stock plus outstanding and perpetual preferred stock;
 (6) "capital accounts" includes capital, surplus, undivided profits, and capital notes and debentures not maturing within one year from the date of the loan;
 (7) "commissioner" means the commissioner of commerce and economic development or a designee of the commissioner;
 (8) "community" means a city, town, unincorporated village, or, in the absence of one of the foregoing, a trade area;
 (9) "department" means the Department of Commerce and Economic Development;
 (10) "depository institution" means a financial institution whose deposits are insured by an agency of the federal government; in this paragraph, "financial institution" includes institutions from outside the state that are not subject to the regulation of the department under this title;
 (11) "domestic bank holding company" means a corporation that maintains its principal office and place of business in the state and that has control over a bank or another domestic bank holding company in one of the following ways:
 (A) the corporation directly or indirectly or acting through one or more other persons owns, controls, or has power to vote 25 percent or more of a class of voting securities of the bank or holding company;
 (B) the corporation controls in any manner the election of a majority of the directors or trustees of the bank or holding company; or
 (C) the department determines, after notice and opportunity for hearing, that the corporation directly or indirectly exercises a controlling influence over the management of the policies of the bank or holding company;
 (12) "fiduciary" means a trustee, agent, executor, administrator, committee, guardian or conservator for a minor or other incompetent person, a receiver, a trustee in bankruptcy, an assignee for creditors, or the holder of a similar position of trust;
 (13) "financial institution" means an institution subject to the regulation of the department under this title;
 (14) "good faith" means honesty in fact in the transaction and a reasonable ground for belief that the transaction is lawful, proper, or authorized;
 (15) "impaired capital" or "impairment of capital" means that the value of the bank's assets is less than the bank's liabilities plus 120 percent of the amount of the bank's paid-in capital;
 (16) "insolvent" means
 (A) bank assets having a value less than the bank's liabilities, other than liability on account of capital stock, capital notes, and debentures;
 (B) failure to increase total adjusted capital accounts or reserves after being ordered to do so under AS 06.05.305 (c); or
 (C) inability to meet obligations or demands as they become due in the ordinary course of business;
 (17) "international bank" means a corporation, partnership, or association that is organized and operates under the laws of a country other than the United States and that is authorized by its license or charter to carry on a banking business;
 (18) "interstate bank" means
 (A) a corporation, partnership, or association organized under the laws of another state and holding a charter, license, or certificate of authority from another state to engage in a banking business; or
 (B) a national bank, except a national bank whose principal office, as designated in its articles of incorporation, is located in the state;
 (19) "loans" includes
 (A) all direct or indirect advances of funds to a person made on the basis of an obligation of the person to repay the funds, or repayable from specific property pledged by or on behalf of the person, guarantees, overdrafts, letters of credit;
 (B) a liability of a bank to advance funds to or on behalf of a person under a contractual commitment;
 (20) "national bank" means a bank chartered by the United States;
 (21) "out-of-state bank holding company" means a company that
 (A) is a bank holding company as defined in 12 U.S.C. 1841 (Bank Holding Company Act); is registered as a bank holding company with the Board of Governors of the Federal Reserve System, with the federal reserve bank of the Federal Reserve District in which the operations of the bank holding company are principally conducted, or with a Federal Reserve Bank that the Board of Governors may designate; maintains its principal office and place of business outside the state; and principally conducts its operations out of the state, as measured by total deposits held or controlled by it on the date on which it becomes an out-of-state bank holding company; or
 (B) a corporation, partnership, or association organized and operating under the laws of a country other than the United States.
 (22) "recently formed bank" means a state bank or national bank that conducts a banking business in the state and that commenced the banking business in the state on or after July 1, 1982, and that has not been in existence and continuously operating in the state for a period of three years or more; "recently formed bank" does not include
 (A) a bank organized solely for the purpose of facilitating acquisition of a bank that either has been in existence and continuously operating in the state as a bank for a three-year period, or was conducting a banking business in the state on or before June 30, 1982;
 (B) a state bank that the department determines was not created directly or indirectly by an acquiring interstate bank, international bank, or out-of-state bank holding company, and that does not have the capacity to continue to conduct its business independently in a manner consistent with the public interest and the interest of depositors, creditors, and shareholders; or
 (C) a national bank that the board of governors of the Federal Reserve System, or their designee, determines is not chartered directly or indirectly by an acquiring out-of-state bank holding company, and that does not have the capacity to conduct its business independently in a manner consistent with the public interest of depositors, creditors, and shareholders;
 (23) "state bank" means a bank organized under this chapter;
 (24) "state financial institution" means a financial institution organized under this title;
 (25) "subsidiary" means a corporation in which a bank owns more than 50 percent of the voting power of the corporation either directly or indirectly through one or more other subsidiaries of the bank;
 (26) "surplus" includes amounts paid in for stock in excess of the par value of the stock, which are generally called capital surplus or paid-in surplus, plus any amounts transferred to the account from undivided profits, which are generally called earned surplus;
 (27) "undivided profits" means the accumulated, undistributed net profit of a bank, including any residue after
 (A) provision for payment of taxes and expenses of operations;
 (B) transfers to reserves allocated to a particular asset or class of assets;
 (C) losses estimated or sustained on a particular asset or class of assets in excess of the amount of reserves allocated for the asset;
 (D) transfers to surplus and capital; and
 (E) amounts declared as dividends to shareholders;
 (28) "unsafe or unsound condition," with respect to a bank, means insolvency; impairment of capital; operating in violation of law, order of the department, or its articles or bylaws; having less than the statutory or regulatory requirements for capital, surplus, or reserves; or another condition that the department determines threatens the safety of depositors or the soundness of the state banking system.
 Sec. 06.05.545. - Short title.
 This chapter may be cited as the Alaska Banking Code.
 Sec. 06.05.550. - Authority of international or interstate bank to branch.
 (a) An international bank, or an interstate bank whose deposits are insured by the Federal Deposit Insurance Corporation, may acquire a branch bank as the result of a merger or consolidation of the international or interstate bank with, or the purchase of all or substantially all of the assets of, a state bank, a national bank with its principal office in this state, or a branch of the state bank or national bank, unless the state bank or national bank is a recently formed bank.
 (b) An international bank may establish a new branch bank in this state or acquire a recently formed bank, if the department approves the establishment or acquisition before the establishment or acquisition occurs. An interstate bank may not establish a branch bank in this state unless the establishment occurs through an acquisition under (a) of this section of a bank located in the state. An interstate bank may not establish a new branch bank in this state.
 (c) An interstate or international bank that opens, occupies, or maintains a branch bank in the state has the same powers under the laws of the state as a state or national bank of the same type.
 Sec. 06.05.555. - Certificate of authority for interstate and international branching.
 (a) Before acquiring a branch bank under AS 06.05.550 (a) or establishing a branch bank under AS 06.05.550 (b), an interstate or international bank shall file an application with the department for and receive a certificate of authority to operate a branch bank. The application must include
 (1) all information and fees required under AS 06.05.399 ;
 (2) the name of the bank and the address of its principal office;
 (3) if an international bank, the country under whose laws it is organized;
 (4) the amount of the bank's capital actually paid in cash and the amount subscribed for and unpaid;
 (5) a complete and detailed statement of the bank's financial condition;
 (6) the names of all other states and countries in which the bank is admitted or qualified to do business;
 (7) a copy of the bank's charter, articles of incorporation, and bylaws, as applicable;
 (8) if an international bank, evidence satisfactory to the department that the bank is authorized to conduct a banking business under the laws of the country of its organization, and the nature of the bank's business;
 (9) a properly executed designation of the department as the bank's agent for service of process in an action or proceeding arising out of a transaction involving the branch bank; the designation must include the name and address of the officer, agent, or other person to whom the department is to forward the process; and
 (10) other information necessary or appropriate for the department to determine whether the bank is entitled to a certificate of authority from the department.
 (b) The department shall notify the interstate or international bank of its action on the application. If the application and the accompanying documents do not comply with the requirements of (a) of this section, the department shall return them with an explanation of the noncompliance. If the department does not respond within 30 days of its receipt of the application, the application is considered to be accepted.
 (c) The interstate or international bank shall publish notice of the application in the manner provided in AS 06.05.344 (d) - (e). The notice must state the proposed location of the branch bank.
 (d) Upon acceptance of the application, the department shall conduct an investigation to determine that
 (1) if an interstate bank,
 (A) the laws of the home state of the bank authorize a state bank of this state to acquire a branch bank in the home state without conditions or restrictions on the operations of the branch bank; and
 (B) the bank supervisor of the home state of the bank has agreed to provide to the department the examination reports that the department determines sufficient to permit the department to determine on a current basis the financial condition of the bank;
 (2) the proposal is consistent with a sound and competitive banking system;
 (3) the capital structure of the bank is adequate in relation to the anticipated business and costs of operating the branch bank;
 (4) the name of the bank is not deceptively similar to the name of another branch bank or state bank and is not otherwise misleading; and
 (5) the other requirements of this chapter have been met.
 (e) Not later than 150 days after the department accepts an application by an interstate or international bank for a certificate of authority to operate a branch bank, the department shall make a determination whether to approve the application. Within 30 days after the second publication of the notice referred to in (c) of this section, a person opposing the pending application may file written objections with the department. When it approves or denies the application, the department shall notify the bank and any other person who requested in writing to be notified, and if the application is denied, the department shall state the reasons for its decision.
 (f) The department shall issue a certificate of authority to an interstate or international bank to operate a branch bank if
 (1) the conditions imposed by the department in granting the certificate have been fulfilled; and
 (2) the requirements of this chapter are satisfied.
 (g) If the rights conferred by a certificate of authority issued under this section are not exercised within one year from the date of the issuance of the certificate under this section, the certificate lapses.
 Sec. 06.05.560. - Asset requirements for international banks.
 (a) An international bank that operates one or more branch banks in the state shall maintain in the state assets in an amount acceptable to the department, except that the amount may not be less than the amount of deposits payable at or through the branch banks.
 (b) The department shall determine the value of the assets maintained by the international bank for purposes of this section. In making its determination, the department may include as assets currency, bonds, notes, debentures, drafts, bills of exchange, and other evidences of indebtedness owed by persons in the United States and collectible in the United States in United States currency or, with the approval of the department, in currency freely convertible into United States currency, but the department may not include as assets prepaid expenses, customers' liability on prepaid expenses, or amounts due from other offices, branches, or wholly owned subsidiaries of the international bank.
 (c) When the department takes possession of a branch bank of an international bank under AS 06.05.468 and 06.05.470, the assets of the international bank in the state shall be turned over to the department and disbursed as provided in AS 06.05.470 - 06.05.473.
 Sec. 06.05.565. - Applicability of title to interstate or international banks, to out-of-state depository institutions, and to bank holding companies.
 (a) An interstate or international bank operating a branch bank in the state is subject to the provisions of this title, and the regulations adopted and orders issued under this title, except for the residency requirements in AS 06.05.435 (a).
 (b) In meeting the reserve requirements of AS 06.05.200 (a) and applicable regulations, the bank shall maintain the required reserve fund in the state, except that assets held to meet the requirements of AS 06.05.560 (a) may be applied to meet the requirements of AS 06.05.200.
 (c) A branch bank of an interstate or international bank operating in the state is subject to examination under AS 06.01.015 and assessments under AS 06.01.010 . Assessments under AS 06.01.010 (d) are based on the branch bank's total deposits in the state.
 (d) When the department considers it necessary to protect the public interest, the department or a competent person designated by the department may examine an interstate or international bank with a branch in the state. The interstate or international bank shall pay an examination fee established under AS 06.01.010 .
 (e) The department may require periodic reports from an out-of-state depository institution that maintains a branch in this state and from a bank holding company that controls the out-of-state depository institution. The reports shall be made under oath and filed as frequently as required by the department. The reports must contain the information and detail that the department determines to be appropriate to assure continuing compliance of the out-of-state depository institution with the provision of this title.
 (f) The department may enter into cooperative, coordinating, or information-sharing agreements with other depository institution supervisory agencies or with an organization affiliated with or representing depository institution supervisory agencies, to handle the periodic examination or other supervision of a depository institution branch that is located in this state and owned by a depository institution organized in another state, or of a depository institution branch that is located in a host state and owned by a depository institution organized in this state. Under the agreements, the department may accept reports of examination and reports of investigation instead of conducting the department's own examinations or investigations. The department may enter into joint enforcement action agreements with other depository institution supervisory agencies having concurrent jurisdiction over a depository institution branch that is located in this state and owned by a depository institution organized in another state, or over a depository institution branch that is located in a host state and owned by a depository institution organized in this state. Notwithstanding the existence of an agreement under this subsection, the department may at any time make an examination or take supervisory or enforcement action independently if the department determines that the examination or action is necessary or appropriate to carry out the department's responsibilities under this title or to ensure compliance with the laws of this state. In this subsection, "host state" means a state, other than the state where the depository institution is organized, in which a depository institution maintains, or seeks to establish and maintain, a branch.
 Sec. 06.05.570. - Out-of-state bank holding companies.
 (a) An out-of-state bank holding company may acquire and own all or a portion of the voting securities or other capital stock of, or all or substantially all of the assets of, one or more state banks, domestic bank holding companies, or national banks conducting a banking business in the state, unless the state bank or national bank is a recently formed bank. Before an out-of-state bank holding company may acquire a bank or bank holding company doing business in this state, the out-of-state bank holding company shall apply for and obtain a permit from the department. In considering whether to issue a permit, the department shall consider the benefits to the public, the preservation of a competitive banking industry, and the maintenance of a safe and sound bank industry. To assure full protection of the public, the department may require an out-of-state bank holding company that directly or indirectly owns, holds, or controls stock in a state bank or domestic bank holding company to post a bond with the department under conditions established by the department. The amount of the bond may not be more than the product obtained by multiplying the amount of paid-in capital and paid-in surplus of the state bank or domestic bank holding company by the percentage of state bank or domestic bank holding company stock directly or indirectly owned, held, or controlled by the out-of-state bank holding company.
 (b) When the department considers it necessary, the department or a competent person designated by the department may examine an out-of-state bank holding company directly or indirectly owning, holding, or controlling state bank stock or domestic bank holding company stock. The out-of-state bank holding company shall pay an examination fee established under AS 06.01.010 .
 (c) The provisions of this section do not apply to a company that
 (1) acquires or holds voting securities or other capital stock of a bank or bank holding company for only a reasonable period of time in connection with the underwriting of securities;
 (2) is an agency of the United States or of a state, or if the majority of the company is owned by the United States or a state;
 (3) is an independent federal financial regulatory agency or a trustee or agent of an independent federal financial regulatory agency; or
 (4) under a plan of financial restructuring that is intended to prevent the failure of a state bank and that is approved by the department,
 (A) acquires or receives 25 percent or more of a class of voting securities or other capital stock of the bank or bank holding company subject to the plan, and owns, controls, or holds, with the power to vote, the securities acquired or received in excess of 24.99 percent of that class for a period of time that permits the distribution or resale of the securities or other capital stock on a reasonable basis; or
 (B) purchases or receives securities under the plan and, after the purchase or receipt, owns, controls, or holds, with a power to vote, less than 25 percent of a class of voting securities or other capital stock of the bank or bank holding company subject to the plan, if subsequently, solely through the action or inaction of others, including the bank or bank holding company, owns, controls, or holds, with a power to vote, 25 percent or more of a class of voting securities or other capital stock of the bank or bank holding company; the exemption in this subparagraph does not apply if the department determines, after notice and opportunity for hearing under AS 06.01.030, that the ownership, control, or holding of the securities or stock exceeding 24.99 percent of a class, other than under a plan to promptly dispose of the securities or stock under the supervision of the department, would permit the organization in any manner to control the election of a majority of the board of directors or trustees, or to directly or indirectly exercise a controlling influence over the management or policies of the bank or bank holding company.
 Chapter 06.10. - MODEL FOREIGN BANK LOAN ACT
 Sec. 06.10.010. - Exemption of foreign banks from laws and taxation.
 A foreign bank that does not maintain a place of business in this state for the receipt of deposits and that complies with this chapter does not by engaging in this state in any or all of the activities specified in AS 06.10.020 violate the laws of this state relating to doing business or doing a banking business or become subject to any taxation that would otherwise be imposed for doing business or doing a banking business in this state.
 Sec. 06.10.020. - Authorized activities.
 (a) The activities referred to in AS 06.10.010 are
 (1) making loans;
 (2) receiving security for loans;
 (3) acquiring by assignment or otherwise partial or entire interests in loans or in security for loans;
 (4) servicing, collecting, enforcing or otherwise realizing upon loans or upon security for loans or upon interests therein, and holding, managing or disposing of proceeds therefrom; and
 (5) entering into the performing contracts and doing other acts necessary or appropriate for or preliminary or incident to any of the foregoing activities.
 (b) Loans within the meaning of this section may be
 (1) evidenced by negotiable instruments or otherwise; and
 (2) unsecured or secured by a lien upon or a pledge of real or personal property or both inside or outside this state.
 Sec. 06.10.030. - Filing statement.
 Before engaging in this state in any of the activities specified in AS 06.10.020, a foreign bank shall execute and file with the commissioner of commerce and economic development a statement. The statement shall list its name, state of incorporation or organization and principal place of business and shall appoint irrevocably the commissioner of commerce and economic development and the commissioner's successors its agents upon whom may be served process against it in any proceeding or cause of action arising out of its engaging in this state in any of the activities referred to in AS 06.10.020 . Until the statement is filed the immunities provided by this chapter do not become operative, but failure to file the statement has no other effect.
 Sec. 06.10.035. - [Renumbered as AS 06.05.367 ].
 Repealed or Renumbered
 Sec. 06.10.040. - Definitions.
 In this chapter
 (1) "foreign bank" means a bank, trust company, savings bank, industrial bank, building and loan association, savings and loan association, credit union or other similar lending organization the principal office of which is in another state whether incorporated or unincorporated and whether acting in its individual capacity or in a fiduciary capacity, but does not include small loan companies of the general character covered by AS 06.20 (Alaska Small Loans Act);
 (2) "state" means any state in the United States, the District of Columbia, Guam, the Commonwealth of Puerto Rico and the Virgin Islands.
 Sec. 06.10.050. - Short title.
 This chapter may be cited as the Model Foreign Bank Loan Act.
 Chapter 06.15. - MUTUAL SAVINGS BANK ACT
 Article 01 - FORMATION AND MANAGEMENT OF MUTUAL BANKS
 Sec. 06.15.010. - Declaration of policy.
 In providing authority for the establishment of mutual savings banks it is the intent of the legislature to make available the benefits of mutual savings banking, thereby encouraging the practice of thrift and promoting the accumulation of funds for investment to develop the economy. For the accomplishment of these purposes, the legislature intends by this chapter to vest in mutual banks those powers generally possessed by state-chartered mutual savings banks and to grant authority to the Department of Commerce and Economic Development to define powers and to adopt regulations designed to enable mutual savings banks to perform their functions and to carry out the above purposes, subject to the provisions of AS 06.05 (Alaska Banking Code) that are not inconsistent with this chapter.
 Sec. 06.15.020. - Chartering of mutual banks.
 Upon written application by five signatories from among not less than 21 individuals acting in the capacity of qualified corporators named in the application, the department may issue a charter for a mutual bank.
 Sec. 06.15.030. - Issuance of charter.
 A charter shall be issued if the department finds that a mutual bank will serve a useful purpose in the community in which it is proposed to be established, that there is reasonable expectation of its financial success, and that its operation will not unduly injure existing banking institutions.
 Sec. 06.15.040. - Qualification of corporators.
 (a) Each corporator shall be an individual, not of unsound mind or capacity, whom the department finds to be of financial responsibility and good character. Without in any way limiting, by enactment of this section, the general regulatory power granted the department, by this or any other act, the department may regulate the activities of corporators and prescribe standards of conduct for corporators in their dealings with their mutual bank.
 (b) At least a majority of the corporators shall be residents of this state.
 Sec. 06.15.050. - Corporators.
 At their organizational meeting, the corporators shall adopt rules governing their activities as corporators, and may amend the rules from time to time. The rules shall establish the number of corporators and shall prescribe that any number of corporators not less than one-quarter of those at the time in office shall constitute a quorum for the purpose of doing business. At the organizational meeting, or an adjournment thereof, the corporators shall, by majority vote of those present, elect one-third of the total number of corporators to serve for a term of four years, one-third to serve for a term of seven years, and one-third to serve for a term of 10 years. Thereafter each corporator shall be elected for a term of 10 years so that the term of not more than one-third of the corporators will expire in any three-year period. The office of any corporator who becomes of unsound mind and capacity becomes vacant. Successor and additional corporators shall be elected by a majority vote of the corporators present at a duly constituted meeting. A corporator may be removed from office for cause upon the affirmative vote of two-thirds of the total number of corporators.
 Sec. 06.15.060. - Trustees.
 The corporators shall elect a board of trustees from among their number, consisting of not less than seven nor more than 25, or one-half of all the corporators minus one, whichever is less. A majority of the trustees shall be residents of this state.
 Sec. 06.15.070. - Terms of trustees.
 The corporators shall, by a majority vote of those present at their organizational meeting, elect a board of trustees in the following manner: one-third for a term of one year; one-third for a term of two years; and one-third for a term of three years. Thereafter trustees shall be elected to serve for a term of three years. The office of any trustee becomes vacant if the trustee ceases to hold office as a corporator.
 Sec. 06.15.080. - Management and control of mutual bank; bylaws.
 The management and control of the affairs of a mutual bank is vested in the board of trustees. The board of trustees may adopt, amend and repeal bylaws governing the affairs of the mutual bank.
 Sec. 06.15.090. - Failure to attend meetings.
 The office of a trustee becomes vacant if the trustee fails to attend regular meetings of the trustees for a period of six months, unless excused during that period by a resolution adopted by the trustees.
 Sec. 06.15.100. - Prohibited conduct of trustees.
 A trustee may not
 (1) receive remuneration as trustee except reasonable fees for attendance at meetings of trustees or for services as a member of a committee of trustees;
 (2) borrow funds or in any manner become an obligor for funds borrowed from the mutual bank for which the person is trustee, except that a trustee may borrow against funds deposited in the bank by the trustee to the same extent as other depositors;
 (3) make a profit from any property sold to or services performed for the mutual bank for which the person is trustee;
 (4) use the position as trustee, or knowingly allow it to be used, to induce any actual or prospective borrower from the mutual bank for which the person is trustee to purchase goods or services at a direct or indirect profit to the trustee.
 Sec. 06.15.110. - Trustee as officer or attorney.
 Nothing contained in AS 06.15.100 prohibits or limits any right of a trustee who is also an officer or attorney of the mutual bank from receiving compensation for services as an officer or attorney.
 Sec. 06.15.120. - Exceptions.
 Upon application by a mutual bank, an exception may be granted to any prohibition contained in AS 06.15.100 following a determination by the department that the exception sought is equitable, is supported by evidence, and is in the best interests of the depositors of the mutual bank.
 Sec. 06.15.130. - Deposit of funds.
 A mutual bank may not deposit any of its funds except with a depositary approved by vote of a majority of all the trustees, exclusive of any trustee who is an officer, partner, director or trustee of the depositary.
 Sec. 06.15.140. - Commencement of operation.
 (a) A mutual bank may not begin operation until the department has given its approval to do so. The department may not grant approval to begin operation until the mutual bank has qualified as an insured bank under the Federal Deposit Insurance Act and complied with the provisions of AS 06.05 (Alaska Banking Code) that are not inconsistent with this chapter. A mutual bank that ceases to be qualified under this subsection shall immediately stop operation.
 (b) A mutual bank may not commence operation until it has deposited in cash to its credit as an expense fund such sums as the department may require. The deposit shall be evidenced by transferable deferred payment certificates.
 Sec. 06.15.150. - Surplus requirements.
 The department may not issue a charter until there is deposited not less than $50,000 in cash to the credit of the mutual bank. The amount of the deposit constitutes the initial surplus. All amounts advanced as initial surplus shall be evidenced by transferable deferred payment certificates. The department shall approve the maturity, amount of installment repayment, and interest rate of each certificate.
 Sec. 06.15.160. - Additions to surplus.
 As soon as practicable after the close of each fiscal year during its first 10 years of operation, each mutual bank shall credit to surplus at least 10 per cent of its net earnings before interest for the preceding fiscal year. At the close of each fiscal year thereafter, each mutual bank shall credit to surplus a proportion of its net earnings for the preceding fiscal year, not exceeding 10 per cent, as the department may prescribe by regulation. These credits to surplus shall be made only until surplus equals 12 per cent of deposit liabilities. Thereafter and so long as surplus equals 12 per cent of deposit liabilities the mutual bank may credit further amounts to surplus as it may determine.
 Sec. 06.15.170. - Limitation on use of surplus.
 The surplus of an operating mutual bank may be used only for the purpose of meeting losses.
 Sec. 06.15.180. - Borrowing.
 A mutual bank may borrow from any source and in any manner amounts without limit that are required to satisfy its obligations to its depositors. It may borrow for other purposes an aggregate outstanding amount not to exceed
 (1) five per cent of its total assets at the time of borrowing, exclusive of any sums borrowed under AS 06.15.140 - 06.15.170;
 (2) 15 per cent of its total assets if borrowing from the Federal Home Loan Bank.
 Sec. 06.15.190. - Deposits.
 A mutual bank may accept savings deposits to be held solely and absolutely in its own right by or in trust or other fiduciary capacity for any person, including an adult or minor individual, male or female, single or married, a partnership, nonprofit organization, association, fiduciary, corporation, or political subdivision or public or governmental unit. The bank may issue a passbook or other evidence of its obligation to repay the savings deposits.
 Sec. 06.15.210. - Right to reject deposits.
 A mutual bank may
 (1) reject any sums offered for deposit;
 (2) repay any deposit at any time; and
 (3) classify and differentiate among deposits on any bases that it may determine.
 Sec. 06.15.220. - Interest on deposits.
 A mutual bank may pay interest on deposits from net earnings and undivided profits at the rates and intervals that its trustees approve.
 Sec. 06.15.230. - Withdrawal of deposits.
 A mutual bank may at a time by resolution of its board of trustees require that up to 90 days' advance notice be given to it by each depositor before the withdrawal of any deposit or portion thereof. If the board of trustees adopts a resolution, a deposit does not need to be paid until the expiration of the notice period specified in the resolution. A mutual bank shall notify the department in writing on the day of the adoption of the resolution. Notwithstanding adoption of the resolution, a mutual bank may permit withdrawal of all or a part of any deposit prior to the expiration of the notice period prescribed by the resolution. The resolution may be rescinded at any time.
 Sec. 06.15.240. - Investments authorized.
 Subject to the provisions of this chapter and regulations under this chapter, a mutual bank may invest in
 (1) obligations of the United States and those for which the faith of the United States is pledged to provide for the payment of the interest and principal, obligations for which annual contributions to be paid under contract by the United States government or any of its instrumentalities in accordance with an Act of Congress entitled the "Housing Act of 1949," are pledged as security for the payment of the interest and principal, and obligations of any agency of the United States;
 (2) obligations of any state of the United States and those for which the faith of any state of the United States is pledged to provide for the payment of the interest and principal;
 (3) obligations of a city, village, town, county, department, agency, district, authority, commission or other public body of any state of the United States, subject to the exercise of the same degree of care and prudence that persons prompted by self-interest generally exercise in their own affairs;
 (4) any property improvement note issued under the provisions of Title I of the National Housing Act and any other real property improvement note in a principal amount not in excess of $15,000, not including interest;
 (5) obligations of the Dominion of Canada or provinces of the Dominion of Canada payable in United States funds;
 (6) the stocks, bonds, and other securities of
 (A) a corporation licensed under AS 10.13; or
 (B) a corporation attempting to become licensed under AS 10.13 if the corporation intends to use the proceeds to fulfill the tasks necessary to become licensed under AS 10.13.
 Sec. 06.15.250. - Investment in first mortgages.
 Subject to the provisions of this chapter and regulations under this chapter, a mutual bank may invest in first mortgages on unencumbered real property, including leasehold estates, subject to the following limitations:
 (1) an investment in mortgages executed by any one mortgagor may not exceed in the aggregate two per cent of the assets of the mutual bank at the time the investment is made, or $37,500 on a single family dwelling or $50,000 on a multiple family dwelling or other improved realty, whichever is greater;
 (2) an investment in any one mortgage may not exceed two per cent of the assets of the mutual bank at the time the investment is made, or as specified in (1) of this section, whichever is greater, or more than 80 per cent of the appraised value of a one- to four-family residence securing a conventional loan; however, a mutual bank may make 95 per cent of appraised value loans if the term of the loan does not exceed 30 years from the date of the first payment, and if the first payment date is no later than 60 days following final disbursement of the loan, and the loan is secured by an amortized mortgage, deed of trust, or other instrument under the terms of which the installment payments are sufficient to amortize the entire principal of the loan within the period ending on the date of its maturity and, in addition, the loan is either
 (A) insured by mortgage insurance in an amount equal to 20 per cent of the loan issued by a mortgage insurer authorized to do business in Alaska; or
 (B) the loan is secured in addition to the amortized mortgage by a savings account held by the lending institution in an amount equal to 10 per cent of the loan or other collateral acceptable to the department;
 (3) except as provided in (2) of this section, an investment may not be made in a conventional loan secured by a mortgage on a one- to four-family residence unless the mortgaged property is located inside this state and the mortgage has a maturity not exceeding 30 years from the date of the first payment, and if the first payment date is no later than 60 days following final disbursement of the loan;
 (4) an investment may not be made in a conventional loan if the aggregate unpaid principal of all conventional loans exceeds 80 per cent of deposits plus all borrowings from the Federal Home Loan Bank;
 (5) participation in mortgage loans with others as co-mortgagees may not be permitted except with one or more financial institutions, trusts, or pension funds;
 (6) an investment may not be made in a mortgage upon a leasehold unless
 (A) the leasehold has an unexpired term of not less than 21 years;
 (B) the principal amount of the mortgage loan is not in excess of 70 per cent of the appraised value of the leasehold; and
 (C) provision is made for complete amortization of the loan within an unexpired term by periodic payments as the department may prescribe.
 Sec. 06.15.260. - Investment in bankers' acceptances.
 Sec. 06.15.260. Investment in bankers' acceptances.
 Subject to the provisions of this chapter and regulations under this chapter a mutual bank may invest in bankers' acceptances that have been accepted by a bank, trust company, national bank, investment company, or banking corporation organized under the laws of the United States or of any state, which is a member of the Federal Reserve System.
 Sec. 06.15.270. - Investment in corporate securities.
 (a) Subject to the provisions of this chapter and regulations under this chapter a mutual bank may invest in corporate securities, subject to the exercise of the same degree of care and prudence that persons prompted by self-interest generally exercise in their own affairs, and subject to the following limitations:
 (1) a mutual bank may not invest in any corporate obligation, other than under AS 06.15.280 , that will mature by its terms within one year from the date of its issuance, or if issued or made in series or repayable in installments, has an average maturity of less than one year;
 (2) a mutual bank may not invest in
 (A) stocks an amount greater than 10 per cent of its assets or 100 per cent of its surplus and undivided profits, whichever is less;
 (B) common stock an amount greater than six per cent of its assets or 60 per cent of its surplus and undivided profits, whichever is less;
 (C) the common and preferred stocks of one issuer an amount greater than one per cent of its assets; or
 (D) more than two per cent of the total issued and outstanding shares of stock of any one issuer.
 (b) The limitations of this section do not apply to a mutual bank's investments in a wholly owned subsidiary corporation that owns or leases real or personal property for the purpose of providing a building and facilities to be used primarily for the conduct of the authorized banking activities of the mutual bank.
 Sec. 06.15.280. - Investment in promissory notes.
 Subject to the provisions of this chapter and regulations under this chapter, a mutual bank may invest in a promissory note, subject to the following limitations:
 (1) a promissory note payable to the order of the mutual bank that is
 (A) secured by the assignment of one or more mortgages in which a mutual bank may invest if the amount so invested in the note does not exceed 90 per cent of the principal sum secured by the mortgages; the assignment of a mortgage taken as security for the note shall be recorded or registered in the office of the proper recording officer of the recording precinct in which the real property described in the mortgage is located;
 (B) secured by any of the bonds or other securities in which a mutual bank may invest if the amount invested in the note does not exceed 90 per cent of the market value of the bonds or other securities at the time of the investment;
 (C) secured by an insurance policy to the extent of the policy's cash surrender value;
 (D) made by a savings and loans association that has been incorporated three years or more and has an accumulated capital of at least $50,000;
 (2) a promissory note payable to the order of the mutual bank within one year from its date that is secured by the assignment of a deposit in a federally insured thrift institution if the amount of the investment in the note is not in excess of the amount of the deposit.
 Sec. 06.15.290. - Establishment of branches.
 A mutual bank may, with the approval of the department, establish and operate branches inside the state. Before approving the establishment and operation of a branch office, the department shall make the findings required before the granting of a charter to a mutual bank with respect to the branch proposed.
 Sec. 06.15.300. - Conversion of thrift institution to mutual bank.
 Any thrift institution other than a mutual bank may, with the approval of the department, convert itself into a mutual bank upon the affirmative vote of not less than a majority of the votes cast by those entitled to vote upon its affairs at a duly called and held meeting and shall thereupon possess the powers of and be subject to the duties imposed upon mutual banks under the provisions of this chapter. Before approving a conversion, the department shall determine that the thrift institution seeking conversion has the ability to discharge the duties and conform to the restrictions upon mutual banks and has previously so conformed to the extent required by the department. However, the institution may retain and service all accounts lawfully held by it on the date of its conversion.
 Sec. 06.15.310. - Conversion of mutual bank to thrift institution.
 A mutual bank may, with the approval of the regulatory authority having jurisdiction over the creation of the thrift institution and upon the affirmative vote of a majority of its corporators, convert itself into a thrift institution organized under federal law or the laws of this state.
 Sec. 06.15.320. - Merger and consolidation of mutual banks.
 Two or more mutual banks may, with the approval of the department, and upon the affirmative vote of not less than two-thirds of the corporators of each such mutual bank, enter into an agreement of merger or consolidation. Thereafter the merger or consolidation shall be effective under the terms of the agreement.
 Sec. 06.15.330. - Condition of department approval.
 Before approving a merger or consolidation the department shall give consideration to the purposes of this chapter and the prospects of the surviving or consolidated mutual bank for financial success and its ability to discharge the duties and conform to the restrictions imposed upon a mutual bank.
 Sec. 06.15.340. - Transfer and exercise of rights.
 All rights, franchises and property interests of the merged or consolidating mutual banks are transferred to and vested in the surviving or consolidated mutual bank by virtue of the merger or consolidation without the requirement under this chapter of a deed or other instrument of transfer. The surviving or consolidated mutual bank may exercise all rights and privileges of the merged or consolidating mutual banks in accordance with the terms of the merger or consolidation agreement. The surviving or consolidated mutual bank is responsible for all debts and obligations of the merged or consolidating mutual bank under the terms of the merger or consolidation agreement.
 Sec. 06.15.350. - General powers.
 A mutual bank
 (1) shall have indefinite succession;
 (2) may adopt and use a seal;
 (3) may sue and be sued;
 (4) may adopt, amend and repeal rules and regulations governing the manner in which its business may be conducted and the manner in which the powers vested in it may be exercised;
 (5) may make and carry out contracts and agreements, provide benefits to its personnel and take other action, as it considers necessary or desirable in the conduct of its business;
 (6) may appoint and fix the compensation of officers, attorneys, and employees desirable for the conduct of its business, define their authority and duties, delegate to them the powers the trustees determine, require bonds of them as the trustees designate and fix their penalties and pay the premiums on the bonds;
 (7) may acquire by purchase or lease real property or interest therein as the trustees consider necessary or desirable for the conduct of its business, and sell, lease or otherwise dispose of real property or interest therein;
 (8) may exercise the powers of a bank granted under AS 06.05 (Alaska Banking Code); and
 (9) may convert from a mutual bank to a capital stock bank under a plan approved by the department.
 Sec. 06.15.360. - Additional powers.
 The enumeration of powers in AS 06.15.350 does not exclude other powers appropriate for the achievement of the objects and purposes of a mutual bank under this chapter. With the approval of the department, a mutual bank may provide for the exercise of other powers in its bylaws, rules or regulations.
 Sec. 06.15.370. - Definitions.
 In this chapter
 (1) "conventional loan" means a loan secured by a first mortgage on unencumbered real property or leasehold estate other than a loan guaranteed or insured by a federal agency;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "financial institution" means a thrift institution, a commercial bank, a trust company, or an insurance company;
 (4) "mutual bank" means a mutual savings bank chartered under this chapter;
 (5) "thrift institution" means a cooperative bank, a homestead association, a mutual savings and loan association, or a mutual bank.
 Sec. 06.15.380. - Short title.
 This chapter may be cited as the Mutual Savings Bank Act.
 Chapter 06.20. - ALASKA SMALL LOANS ACT
 Sec. 06.20.010. - License required.
 A person may not engage in the business of making loans of money, credit, goods, or things in action in the amount or of the value of $25,000 or less and charge, contract for, or receive on the loan a greater rate of interest, discount, or consideration than the lender would be permitted by law to charge if the person were not a licensee under this chapter, except as authorized by this chapter and without first obtaining a license from the department.
 Sec. 06.20.020. - Application for license; disclosure for child support purposes.
 (a) Application for a license shall be in writing under oath, and in the form prescribed by the department, and must contain the name and the residence and business address of the applicant, the district and municipality with street and number, if any, where the business is to be conducted and other information as the department may require. If the applicant is a copartnership or association, the application must contain the residence and business address of each member; if the applicant is a corporation, the application must contain the residence and business address of each officer and director.
 (b) In addition to the requirements in (a) of this section, if a natural person makes application for a license, the applicant shall supply the applicant's social security number to the department. Upon request, the department shall provide the social security number to the child support enforcement agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law.
 Sec. 06.20.030. - Fees and charges.
 (a) Investigation expenses incurred by the department in processing an application for licensure shall be charged to and paid by the applicant under AS 06.01.010 . At the time of submitting the application to the commissioner, the applicant shall pay to the department $1,000 in partial payment of those investigation expenses incurred by the department.
 (b) An applicant shall pay to the department at the time of submitting an application a sum, in addition to that specified in (a) of this section, of $500 for a single office license, or $2,000 for a multiple office license as an annual license fee for a period terminating on the last day of the current calendar year.
 (c) The license fee required by this section is in place of the fee under AS 43.70 (Alaska Business License Act).
 Sec. 06.20.040. - Liquid assets required.
 An applicant shall prove, in form satisfactory to the department, that the applicant has available for the operation of the business at the location specified in the application, liquid assets of at least $25,000, or, in the case of a multiple office license, that the equivalent amount is available to each office from a central account maintained by the applicant.
 Sec. 06.20.050. - Bond.
 The applicant shall file with the application a bond to be approved by the department in which the applicant shall be the obligor, in the sum of $25,000 with one or more sureties. Only one bond is required for an application for a multiple office license. The bond shall be for the use of the state and any person who may have a cause of action against the obligor under this chapter. The bond must state that the obligor will faithfully conform to and abide by the provisions of this chapter and of all regulations lawfully adopted by the department, and will pay to the state and to any person all money that may become due or owing to the state or to the person from the applicant under this chapter.
 Sec. 06.20.060. - Issuance of license.
 Upon the filing of the application, the payment of the fees and the approval of the bond, the department shall issue a license to the applicant if it finds upon investigation that (1) the financial responsibility, experience, character, and general fitness of the applicant and of its members if the applicant is a copartnership or association, and of its officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business will be operated honestly, fairly, and efficiently within the purposes of this chapter, and (2) allowing the applicant to engage in business at the location will provide accessibility and convenience for borrowers of money, and (3) the applicant has available for the operation of the business at the specific location liquid assets of at least $25,000, or, in the case of a multiple office license, that the equivalent amount is available to each office from a central account maintained by the applicant. The foregoing facts are conditions precedent to the issuance of a license under this chapter. The license permits the applicant to make loans in accordance with this chapter at the location or locations specified in the application. The license remains in full force and effect until it is surrendered by the licensee or revoked or suspended. If the department denies the application, it shall notify the applicant of the denial, bill the applicant for any outstanding expenses incurred by the department during the investigation and return the bond if those expenses have been paid. The department shall approve or deny every application for license within 60 days from the filing of the application with the fees and the approved bond. If the application is denied, the department shall, within 20 days thereafter, serve upon the applicant a copy of the written decision and findings. The decision and findings may be reviewed in the manner provided in AS 44.62.560 and 44.62.570 (Administrative Procedure Act).
 Sec. 06.20.070. - Form, posting, and transfer of license.
 The license must state the address at which the business is to be conducted and the full name of the licensee. If the licensee is a copartnership or association, the license must state the names of its members, and if a corporation, the date and place of its incorporation. The license shall be conspicuously posted in the place of business of the licensee. The license is not transferable or assignable.
 Sec. 06.20.080. - Additional bond.
 If at any time the department finds that the bond is unsatisfactory for any reason, it may require the licensee to file, within 10 days after the receipt of a written demand therefor, an additional bond complying with the provisions of AS 06.20.050 .
 Sec. 06.20.090. - Places of business.
 (a) A licensee may maintain only one place of business under a single office license, or up to 10 places of business under each multiple office license. The department may issue more than one license to the same licensee upon compliance with the provisions of this chapter governing the original issuance of a license.
 (b) If a licensee changes the place of business to another location within the same municipality, the licensee shall give written notice to the department in advance. Upon approval, the department shall issue an amended license for the new location. A licensee may not change the place of business to a location outside the municipality in which the licensee is authorized to do business.
 Sec. 06.20.100. - New bond.
 On or before December 20 of each year, each licensee shall file a new bond that complies with AS 06.20.050 .
 Sec. 06.20.110. - Grounds for revocation of license.
 The department shall, under the Administrative Procedure Act (AS 44.62), revoke any license issued under this chapter if it finds that
 (1) the licensee has failed to pay the annual license fee or to maintain the required bond in effect or has failed to comply with any lawful demand, ruling, or requirement of the department made under and within the authority of this chapter;
 (2) the licensee has violated a provision of this chapter or a regulation lawfully adopted by the department under and within the authority of this chapter; or
 (3) any fact or condition exists that, if it had existed at the time of the original application for the license, clearly would have constituted ground for denial of the issuance of the license.
 Sec. 06.20.120. - Revocation or suspension where licensee has branches.
 Where a licensee holds more than one license, the department may revoke or suspend any license for which grounds for the action exist.
 Sec. 06.20.130. - Surrender.
 A licensee may surrender a license by delivering written notice of the surrender to the department. The surrender does not affect the licensee's civil or criminal liability for acts committed before the surrender.
 Sec. 06.20.140. - Effect of revocation.
 A revocation, suspension or surrender of a license does not impair or affect the legally enforceable obligation of any pre-existing contract between the licensee and any borrower.
 Sec. 06.20.150. - Status of license; reinstatement.
 Every license remains in force and effect until it is surrendered, revoked, or suspended as provided in this chapter. The department may reinstate, suspend licenses, or issue new licenses to a licensee whose license has been revoked if no fact or condition exists that clearly would have constituted ground for denial of the issuance of the license by the department.
 Sec. 06.20.160. - Inspection and examination of licensees.
 For the purpose of discovering violations of this chapter or securing information required by it under this chapter, the department or its duly designated representative may investigate at any time the loans and business and examine the books, accounts, records, and files used in the business, of every licensee and of every person engaging in the business described in AS 06.20.010 , whether the person acts or claims to act as principal or agent, or under or without the authority of this chapter. For that purpose the department and its duly designated representative have free access to the office and place of business, books, accounts, papers, records, files, safes, and vaults of all such persons. The department and all persons duly designated by it may require the attendance and examination under oath of all persons whose testimony it may require relative to the business.
 Sec. 06.20.170. - Annual examination.
 The department shall examine the affairs, business, office, and records of each licensee at least once each year. Examination fees are to be charged to and paid by the licensee in accordance with AS 06.01.010 . The department may maintain an action for the recovery of the costs in any court of competent jurisdiction, with recourse to the bonds referred to in AS 06.20.050 and 06.20.080.
 Sec. 06.20.180. - Books and records of licensees.
 Each licensee shall keep and use in the licensed premises those books, accounts, and records that will enable the department to determine whether the licensee is complying with this chapter and with the regulations lawfully adopted by the department under this chapter. The maintenance of separate books and records for another business authorized by the department under AS 06.20.210 is not required. The method of tracking and numbering the loans shall be determined by the licensee, as long as the system enables the department to perform the department's obligations under this title. The licensee shall preserve the books, accounts, and records, including cards used in the card system, if any, for two years after making the final entry on any recorded loan.
 Sec. 06.20.190. - Annual reports of licensees.
 Each licensee shall, on or before March 15 of each year, file a report with the department containing information as the department may reasonably require concerning the business and operations during the preceding calendar year of each licensed place of business conducted by the licensee inside the state. The report shall be made under oath and shall be in the form prescribed by the department, and shall be kept available as a public record.
 Sec. 06.20.200. - Advertising of misleading statements prohibited.
 (a) A person may not advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner any statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action in the amount or of the value of $25,000 or less, which is false, misleading, or deceptive. The department may order a licensee to desist from conduct that it finds to be in violation of this section.
 (b) The department may require rates of charge stated by a licensee to be stated fully and clearly in the manner considered necessary to prevent misunderstanding by prospective borrowers.
 Sec. 06.20.210. - Use of premises restricted.
 A licensee may not conduct the business of making loans under this chapter within an office, room, or place of business in which another business is solicited or engaged in, or in association or conjunction therewith, except as may be authorized in writing by the department upon its finding that the character of the other business is such that the granting of authority would not facilitate evasions of this chapter or the regulations lawfully adopted under this chapter.
 Sec. 06.20.220. - Transactions limited to licensed premises.
 A licensee may not transact business or make any loan under this chapter under any name or at any place of business other than that named in the license.
 Sec. 06.20.230. - Maximum interest permitted.
 (a) A licensee may lend any sum of money not exceeding $25,000 and may charge, contract for, and receive on the loan interest at a rate not exceeding three percent a month on that part of the unpaid principal balance of a loan not in excess of $850; two percent a month on the unpaid principal balance exceeding $850 but not exceeding $10,000; and at a rate agreed by contract on the remainder of any unpaid principal balance exceeding $10,000 but not exceeding $25,000.
 (b) Notwithstanding the provisions of (a) of this section, a licensee who makes open-end loans under this chapter may charge, contract for, and receive interest at a rate not exceeding three percent a month on that part of the unpaid principal balance of a loan not in excess of $850; two percent a month on the unpaid principal balance exceeding $850 but not exceeding $10,000; and at a rate agreed by contract on the remainder of any unpaid principal balance exceeding $10,000 but not exceeding $25,000.
 (c) Interest on loans under (b) of this section shall be computed according to the actuarial method on the entire unpaid principal balance as determined under AS 06.20.285 (b).
 Sec. 06.20.240. - Loans for purpose of obtaining higher interest.
 A licensee may not induce or permit a person, or a husband and wife jointly or severally, to split up or divide a loan or to become obligated, directly or contingently or both, under more than one loan contract at the same time, for the purpose or with the result of obtaining a higher rate of interest than would otherwise be permitted by AS 06.20.230 . However, a licensee may enter into new or different loan transactions with the borrower or the borrower's spouse at a different time so long as the purpose of the additional transaction does not violate this section.
 Sec. 06.20.250. - Payments and interest.
 (a) Interest may not be paid, deducted, or received in advance. Except for open-end loans made under AS 06.20.285 , interest shall be computed and paid only on unpaid principal balances and may not be compounded; however, if part or all of the consideration for a loan contract is the unpaid principal balance of a prior loan, the principal amount payable under the loan contract may include any unpaid charges on the prior loan that have accrued within 60 days before the making of the loan contract. The maximum interest permitted on loans made under this chapter shall be computed on the basis of the number of days actually elapsed. For the purpose of these computations a month is any period of 30 consecutive days.
 (b) A licensee may compute interest for a loan as provided in this chapter on an interest-bearing or actuarial basis either at the rates stated in AS 06.20.230 or at the single annual percentage rate that would earn the same finance charge as the rates stated in AS 06.20.230 when the debt is paid according to the agreed terms and the calculations made according to the actuarial method.
 (c) Except for open-end loans under AS 06.20.285 , a licensee may not enter into a contract for a loan that provides for a scheduled repayment of principal over more than the maximum terms set out below opposite the respective size of loans.
 Principal amount of loan Maximum term
 up to $1,000..................................... 24 and 1/2 months
 Over $1,000 to $2,500............................ 48 and 1/2 months
 Over $2,500 to $5,000............................ 60 and 1/2 months
 Over $5,000 to $25,000..................as agreed to by the parties
 (d) Loan contracts must provide for substantially equal payments, and the payments must be due at least once a month, with the first payment beginning not later than 45 days from the date the loan is made.
 (e) If the irregular payment is confirmed in writing by the borrower, and the method of repayment is consistent with the maximum term and annual interest rate provided in this chapter, and if a borrower demonstrates sufficient seasonal or extraordinary income to support repayment of a loan, the loan contract may provide for irregular payments and first payment loan extensions greater than 45 days from the date the loan is made.
 Sec. 06.20.260. - Charges prohibited.
 (a) A further or other charge or amount for an examination, service, brokerage commission, expense, fee, bonus, or other thing may not be directly or indirectly charged, contracted for, or received except
 (1) lawful fees actually paid out by the licensee to a public officer for filing, recording, or releasing any instrument securing the loan, or premiums payable for insurance in lieu of perfecting a security interest if the premiums do not exceed the fees that would otherwise normally be incurred for perfecting, filing, recording, and releasing the security interest, or for transferring certificate of title to a motor vehicle securing the lien or noting a lien on that certificate;
 (2) premiums actually paid out for insurance on any one or combination of the following: pledged property of the borrower, or consumer credit insurance; in this paragraph, "consumer credit insurance" has the meaning given in AS 21.57.160 ;
 (3) taxable costs and expenses to which the licensee becomes entitled under general law in any court proceedings to collect a loan or to realize on the security after default;
 (4) for loans of $10,000 or less that are secured by an interest in real estate, reasonable costs and fees paid by a licensee for appraisals, surveys, and title insurance or reports;
 (5) for loans over $10,000, whether or not secured by an interest in real estate, reasonable costs and fees paid by a licensee for appraisals, surveys, title insurance or reports, and credit reports;
 (6) a late payment fee of not more than 10 percent of the payment that is due or $25, whichever is less;
 (7) a fee for dishonored checks not to exceed $25 for each dishonored check;
 (8) reasonable attorney fees, actual expenses, and costs incurred in connection with the collection of a delinquent debt or a foreclosure if the collection or foreclosure is referred to an attorney who is not a salaried employee of the licensee and the balance then owing on the debt exceeds $5,000;
 (9) actual expenses and costs incurred in connection with a repossession.
 (b) A licensee may collect the charges permitted under (a) of this section at the time when the loan is made or at any time thereafter. If any interest, consideration or charges in excess of those permitted by AS 06.20.230 are charged, contracted for or received, except as the result of an accidental and bona fide error in computation, the contract of loan is modified as follows: all interest, consideration or charges involved are voided and a like amount credited to the debtor on the principal of the loan. If the unpaid principal is less than the total of the interest, consideration and charges, the difference shall be refunded by the lender to the borrower.
 Sec. 06.20.270. - Requirements for making and payment of loans.
 Except as provided in AS 06.20.285 for open-end loans, every licensee shall
 (1) deliver to the borrower at the time a loan is made a statement containing a printed copy of AS 06.20.230 - 06.20.260 in the English language and showing in clear and distinct terms the amount and date of the loan and its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and the licensee, and the agreed rate of charge;
 (2) give to the borrower a plain and complete receipt for all payments made on account of the loan at the time payments are made, specifying the amount applied to interest and the amount, if any, applied to principal, and stating the unpaid principal balance, if any, of the loan;
 (3) permit payment to be made in advance in any amount on a contract of loan at any time, but the licensee may apply the advance payment first to all interest in full at the agreed rate up to the date of payment;
 (4) upon repayment of the loan in full, mark indelibly every obligation and security signed by the borrower with the word "Paid" or "Cancelled," and release any mortgage, restore any pledge, cancel and return any note, and cancel and return any assignment given to the licensee by the borrower;
 (5) display prominently in each licensed place of business a full and accurate schedule, approved by the department, of the charges to be made and the method of computing them.
 Sec. 06.20.280. - Maximum charge by licensee.
 A licensee may not directly or indirectly charge, contract for, or receive any interest, discount, or consideration greater than that which the licensee would be permitted by law to charge if the person were not a licensee under this chapter, upon the loan, use or forbearance of money, goods, or things in action, or upon the loan, use, or sale of credit, of the amount or value of more than $25,000. This section applies to any licensee who permits any person, as borrower or endorser, guarantor, or surety for any borrower, or otherwise, to owe directly or contingently or both to the licensee at any time a sum of more than $25,000 on principal.
 Sec. 06.20.285. - Open-end loans.
 (a) A licensee may make open-end loans not exceeding an aggregate total of $25,000 and may contract for and receive interest on open-end loans as provided in AS 06.20.230 , and for other charges permitted under this chapter. Interest on open-end loans may be computed daily or monthly on the unpaid principal balance or the average unpaid principal balance if the interest charged as a result of these computations does not exceed the rates stated in AS 06.20.230 when the interest is computed according to the interest-bearing or actuarial method.
 (b) The billing cycle for open-end loans is monthly, and the unpaid principal balance on a certain day is computed by adding to the balance unpaid on the beginning of that day, or the average unpaid daily balance for that billing cycle, all advances and other permissible amounts charged to the borrower and deducting all payments and other credits made or received that day.
 (c) A licensee may secure the payment of an open-end loan in the same manner as other loans under this chapter may be secured.
 (d) The licensee shall deliver a copy of the open-end loan agreement to the borrower at the time the open-end loan account is opened. The open-end loan agreement must contain the name and address of the licensee and the borrower and must contain disclosures of finance charges and agreed terms as may be required by regulations adopted by the department and the Board of Governors of the Federal Reserve System.
 (e) At the end of each billing cycle in which there is an outstanding balance in the account for which a finance charge is imposed, the licensee shall deliver to the borrower a statement in the form required by regulations adopted by the department and the Board of Governors of the Federal Reserve System. This subsection does not apply to accounts that the licensee considers uncollectible or for which an action to collect past due amounts has been filed.
 Sec. 06.20.287. - Credit insurance on open-end loans.
 (a) A licensee may obtain consumer credit, credit loss of income, and property insurance on open-end loans under this chapter. The consumer credit insurance obtained by a licensee shall satisfy the requirements of AS 21.57. The property insurance obtained by a licensee shall satisfy the requirements of AS 21.39 and AS 21.42. The licensee shall comply with AS 21.36.160 and 21.36.165 during all transactions with borrowers involving consumer credit, credit loss of income, and property insurance.
 (b) The licensee shall calculate the charge for credit life, credit loss of income, or disability insurance in each billing cycle by adding to the unpaid balance in the borrower's account the current monthly premium rate for the coverage required at the rate set under AS 21.57, using the method specified in the loan agreement for determining the unpaid balance.
 (c) A licensee may not cancel credit life, credit loss of income, or disability insurance obtained for an open-end loan if the borrower is delinquent in paying the monthly installments unless an installment is delinquent for 90 days or longer. The licensee shall advance to the insurer amounts necessary to keep the policy in force until the 90-day delinquency period has elapsed, and the borrower's account may be charged for the amounts advanced to the insurer.
 Sec. 06.20.290. - Purchase of wages for $25,000 or less.
 Sec. 06.20.290. Purchase of wages for $25,000 or less.
 For purposes of this chapter, the payment of $25,000 or less in money, credit, goods, or things in action, as consideration for the sale or assignment of, or order for, the payment of wages, salary, commissions, or other compensation for services whether earned or to be earned is considered a loan, and the difference between the payment and the amount of the compensation sold or assigned is considered interest or a charge upon the loan from the date of payment to the date the compensation is payable. Such a transaction is governed by this chapter.
 Sec. 06.20.300. - Maximum charges by nonlicensee on loans.
 (a) Except as authorized in this chapter, a person may not directly or indirectly charge, contract for, or receive any interest, discount, or consideration greater than that which the person would be permitted by law to charge if the person were not a licensee, upon the loan, use, or forbearance of money, goods, or things in action, or upon the loan, use, or sale of credit of the amount or value of $25,000 or less.
 (b) The provisions of (a) of this section apply to any person who, by any device, subterfuge or pretense whatsoever charges, contracts for or receives greater interest, consideration or charges than are authorized by this chapter.
 Sec. 06.20.310. - Effect of illegal interest rate.
 A loan of the amount or value of $25,000 or less for which a greater rate of interest, consideration or charge than is permitted by this chapter has been charged, contracted for or received, wherever made, may not be enforced in the state, and every person participating in such a loan in the state is subject to this chapter. This section does not apply to loans legally made in a state or territory of the United States that has in effect a regulatory small loan law similar in principle to this chapter.
 Sec. 06.20.320. - Civil and criminal penalties.
 (a) A licensee or lender who, in the making or collection of a loan contract, does any act that violates AS 06.20.230 - 06.20.260 or 06.20.280 - 06.20.310 shall at the option of the commissioner reimburse the portion of the interest and charges in excess of that provided in those sections, or, in the case of repeated violations of those sections by the licensee, the commissioner may, upon a hearing, require the licensee to adjust the loan contract interest or other charges down to the contract interest limitation specified in AS 45.45.010(a).
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 (c) If a penalty for failure to comply with financing disclosure requirements under regulations adopted by the Board of Governors of the Federal Reserve System is imposed by the federal authorities, the department may not impose a civil penalty under this section for the same act or omission.
 Sec. 06.20.330. - Exemptions.
 (a) This chapter does not apply to a person doing business under and as permitted by any law of the state or of the United States relating to banks, savings banks, trust companies, building and loan associations, or credit unions.
 (b) This chapter does not apply to individual loans by pawnbrokers or loan shops where separate and individual loans do not exceed $500.
 Sec. 06.20.340. - Regulations, findings, and orders; service of notice.
 (a) The department may adopt general regulations and make specific rulings, demands and findings consistent with this chapter as may be necessary for the proper conduct of business and the enforcement of this chapter.
 (b) All notices required or authorized by this chapter to be given or served by the department may be given or served by registered mail and service is considered complete when a true copy is deposited in the post office properly addressed and stamped.
 Sec. 06.20.350. - Amendment or repeal of chapter.
 This chapter may be modified, amended, or repealed so as to effect a cancellation or alteration of a license or right of a licensee hereunder, but the cancellation or alteration may not impair or affect the obligation of a pre-existing lawful contract between a licensee and a borrower.
 Sec. 06.20.360. - [Renumbered as AS 06.20.920 ].
 Repealed or Renumbered
 Sec. 06.20.900. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "commissioner" means the commissioner of commerce and economic development or a designee of the commissioner;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "open-end loan" means a loan made by a licensee under this chapter under an agreement between the licensee and a borrower which provides that
 (A) the borrower may obtain advances of money from the licensee from time to time or the licensee may advance money on behalf of the borrower from time to time as directed by the borrower;
 (B) the amount of each advance and interest and charges will be added to the borrower's open-end loan account and payments and other credits are deducted from that account;
 (C) interest will be computed on the unpaid principal balance or the average unpaid principal balance of the open-end loan account;
 (D) the borrower may pay all or any part of the unpaid principal balance of the borrower's open-end loan account or, if the account is not in default, in monthly installments of fixed amounts as provided in the loan agreement; and
 (E) the agreement covers open-end loans under this chapter.
 Sec. 06.20.920. - Short title.
 This chapter may be cited as the Alaska Small Loans Act.
 Chapter 06.25. - TRUST COMPANIES
 Article 01 - FORMATION OF TRUST COMPANIES
 Sec. 06.25.010. - Contents of articles of incorporation.
 Five or more adult persons, a majority of whom are bona fide residents of the state, may form a corporation, the principal business of which is in the state, to be known as a trust company. These persons shall subscribe and acknowledge articles of incorporation in quadruplicate in the same manner as required for the execution of articles of incorporation for a banking corporation under AS 06.05 (Alaska Banking Code). The articles of incorporation must state
 (1) the name by which the trust company is to be known, which shall contain the words "trust company" as a part of the name;
 (2) the principal place inside the state where the business of the trust company is to be transacted;
 (3) the amount of capital stock, which may not be less than $100,000, and the number and par value of the shares into which the capital stock is divided, which may not be less than $1 per share;
 (4) the names and places of residence of the incorporators;
 (5) the number of directors of the trust company, which may not be less than five nor more than 15, and the number of directors necessary to constitute a quorum;
 (6) the term of its existence, which may be perpetual;
 (7) a declaration that each incorporator will accept the responsibilities and faithfully discharge the duties of a director, if elected.
 Sec. 06.25.020. - Filing of articles of incorporation.
 The articles of incorporation shall be retained or filed as follows:
 (1) one copy is filed with the Department of Revenue;
 (2) one copy is filed in the office of the clerk of the superior court in the judicial district in which the trust company is located;
 (3) one copy, together with a certified copy of the bylaws of the trust company, is filed with the department;
 (4) one copy shall be retained by the corporation.
 Sec. 06.25.030. - Amendment of articles of incorporation.
 A trust company may amend its articles of incorporation in any manner not inconsistent with this chapter by a vote of its stockholders representing two-thirds of the capital stock at a regular meeting or at a special meeting called for that purpose. A certificate of the fact and terms of amendment shall be executed in quadruplicate by a majority of the directors and filed in the same manner as the original articles. A reduction of capital stock may not be made to an amount less than is required in this chapter for capital, and a reduction is not valid, or warrants the cancellation of stock certificates, or diminishes the liability of stockholders until the reduction is approved in writing by the department.
 Sec. 06.25.040. - Transfer of stock.
 The capital stock of a trust company shall be transferred in conformity with the provisions of AS 45.08 (Uniform Commercial Code, Investment Securities).
 Sec. 06.25.050. - Commencement of corporate existence.
 (a) The existence of a trust company begins on the filing of the articles of incorporation. However, a trust company may not transact any business, except that which is preliminary to its organization, until it complies with the following conditions:
 (1) all of the capital stock shall be fully paid in cash, and the affidavit of the president and treasurer, or the president and cashier of the trust company, setting out the fact that it has been paid, subscribed and sworn to before some person authorized to administer oaths, shall be filed with the department;
 (2) a complete and correct list of stockholders, showing the name, address, and the amount of stock held by each, verified by the oath of the president and treasurer or president and cashier, or by oath of any two officers of the trust company, shall be filed with the department;
 (3) a deposit of securities shall be made with the Department of Revenue as provided by this chapter and the regulations of the Department of Commerce and Economic Development;
 (4) a certificate of authority is issued by the department to the trust company, authorizing it to engage in business;
 (5) a trust company proposing to engage in the banking business shall, before commencing the banking business, acquire membership in the Federal Deposit Insurance Corporation.
 (b) A certificate of authority may not be issued to a trust company unless the department determines that
 (1) the addition of the proposed facilities in the community is not detrimental to a sound banking system;
 (2) the incorporators have proceeded in a lawful manner;
 (3) the name of the trust company is not deceptively similar to the name of another bank or trust company, or otherwise misleading;
 (4) the persons who will serve as directors and officers, insofar as they are known, are qualified by character and experience;
 (5) the capital is adequate;
 (6) any conditions imposed by the department that are necessary to assure sound banking and trust operations have been satisfied.
 (c) The provisions of (b) of this section do not apply to the main office of a trust company incorporated before July 1, 1969, and which has been issued a certificate of authority before June 24, 1970.
 Sec. 06.25.060. - , 06.25.070. Penalty for false representation; penalty for obtaining false certificate. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.25.070
 Repealed or Renumbered
 Article 02 - POWERS OF TRUST COMPANIES
 Sec. 06.25.080. - Powers under general corporation law.
 Subject to the limitations of law and regulations of the department, a trust company has the powers conferred by the general corporation laws of the state.
 Sec. 06.25.085. - Application of general banking laws.
 The provisions of AS 06.05 that are consistent with this chapter apply to all trust companies engaged in any phase of the business of banking as that term is defined by AS 06.05.540 or AS 06.25.100 .
 Sec. 06.25.090. - Fiscal agent or attorney.
 A trust company may act as the fiscal or transfer agent of the United States or of any state, territory, municipality, public corporation, or body politic, and may receive and disburse money, transfer, register and countersign certificates or stocks, or other evidences of indebtedness, and act as attorney in fact or agent of any person or corporation, foreign or domestic, for any lawful purpose.
 Sec. 06.25.100. - Banking privileges.
 A trust company may discount and negotiate promissory notes, drafts, bills of exchange and other evidences of indebtedness, buy and sell exchange, coin, and bullion, lend money or real or personal securities, and receive deposits of money, securities or other personal property from any person or corporation upon any terms that the trust company may prescribe and that are not in violation of the laws of the state or the regulations of the department.
 Sec. 06.25.105. - Branch offices.
 The department may grant a certificate of authority for branch offices to a trust company insured by the Federal Deposit Insurance Corporation if the department determines that the branch office satisfies the criteria established in AS 06.25.050 (b).
 Sec. 06.25.110. - Dealing in real estate.
 A trust company may lease, hold, purchase and convey real property necessary in the transaction of its business or that the purposes of the corporation may require or that it acquires in satisfaction of debts due, to secure debts, or through sales under any judgment, decree or mortgage held by it, and the real estate shall be held, managed and disposed of as provided in AS 06.25.240 and the regulations of the department.
 Sec. 06.25.120. - Trustee under mortgage or bond.
 A trust company may act as a trustee under a mortgage or bond issued by a municipality, body politic or foreign or domestic public or private corporation, and accept and execute any other municipal or corporate trust not prohibited by the laws of the state.
 Sec. 06.25.130. - Estates of minors.
 A trust company may act under the order or appointment of a court of competent jurisdiction including any probate court as guardian, receiver or trustee of the estate of a minor and as depository of money paid into court, whether for the benefit of a minor or any person, corporation or party, and in any other fiduciary capacity.
 Sec. 06.25.140. - Estates of incapacitated persons.
 A trust company may act under the order or appointment of a court of competent jurisdiction including any probate court as trustee, custodian, receiver or committee of the estate of an incapacitated person, as defined in AS 13.26.005 , or of a spendthrift, or as receiver or committee of the property or estate of a person in insolvency or bankruptcy proceedings, and act as executor or administrator with or without the will annexed of the estate of a deceased person.
 Sec. 06.25.150. - Trusts relating to management of property.
 A trust company may accept and execute any legal trust, duty and power in regard to the holding, management and disposition of any real or personal estate, wherever located, and the rents and profits of it or the sale of it, as may be granted or confided to the company by a court of competent jurisdiction including any probate court or by a person, corporation, municipality or other authority. The trust company is accountable to all parties in interest for the faithful discharge of every trust, duty or power that it accepts.
 Sec. 06.25.160. - Other trusts.
 A trust company may accept and execute a trust or power conferred upon it by a person, body politic, domestic or foreign corporation, or any other authority, grant, assignment, transfer, devise, bequest or otherwise, or that may be entrusted or committed or transferred to it or vested in it by order of a court of competent jurisdiction, including any probate court, and receive, manage, hold and dispose of according to the terms of a trust or power any property or estate.
 Sec. 06.25.170. - Purchase and sale of securities.
 A trust company may purchase, invest in and sell stocks, bills of exchange, bonds and mortgages and other securities. When money or security for money is borrowed or received on deposit, or for investment, the bonds or obligations of the trust company may be given, but it may not issue bills to circulate as money. In this section, "stocks, bills of exchange, bonds, mortgages, and other securities" include the stocks, bills of exchange, bonds, mortgages, and other securities of
 (1) a corporation licensed under AS 10.13; or
 (2) a corporation attempting to become licensed under AS 10.13 if the corporation intends to use the proceeds to fulfill the tasks necessary to become licensed under AS 10.13.
 Sec. 06.25.180. - Acceptances and letters of credit.
 A trust company may accept for payment at a future date, drafts drawn upon it by its customers and issue letters of credit authorizing the holders to draw drafts upon it or its correspondents, at sight or on time, not exceeding one year.
 Sec. 06.25.190. - Safekeeping of property.
 A trust company may receive, upon terms and conditions prescribed by it, on deposit for safekeeping, bonds, mortgages, jewelry, plate, stocks, securities and valuable papers of any kind, and other personal property, for hire, and let out receptacles for safe deposit of personal property.
 Sec. 06.25.200. - Examination and guaranty of real estate titles.
 (a) A trust company may examine titles to real estate, procure and furnish information in relation thereto, and guarantee or insure the title to real estate against loss, due to defective title or other encumbrance. A trust company is subject to the insurance law of the state to the extent of its title insurance activities and operations, except that securities deposited by a trust company under AS 06.25.230 shall be credited to and included in the total of the guaranty fund of the company required by the insurance law, unless demand for the full statutory amount under the title insurance and the trust company laws is made by the commissioner of commerce and economic development.
 (b) A trust company engaged in the business of banking in the state, whether the trust company is organized under the laws of this state, or otherwise, may not do any of the acts mentioned in (a) of this section.
 Sec. 06.25.210. - Depository and bailee.
 A trust company may receive as depository for hire or as bailee for safekeeping and storage, money or any valuable personal property, guarantee the safety of any property deposited with it, and rent vaults, safes and other receptacles upon the premises occupied by the trust company.
 Sec. 06.25.215. - Nominees.
 A trust company may hold investments in the name of a nominee or nominees as provided for under AS 06.05.197 .
 Sec. 06.25.220. - Regulations.
 The powers specified in AS 06.25.080 - 06.25.210 shall be exercised under regulations adopted by the department for the regulation of trust companies.
 Sec. 06.25.230. - Deposit of securities with Department of Revenue.
 A trust company shall keep on deposit with the Department of Revenue interest or dividend bearing stocks or bonds of the United States or of the State of Alaska, or of any city of this state, or such other interest or dividend bearing stocks, bonds or securities approved by the Department of Commerce and Economic Development, in value of 20 per cent of its capital stock. The securities so deposited may not be of less value than $5,000. The securities shall be registered in the name of the Department of Revenue, in trust for the creditors of and depositors with the trust company, subject to sale and transfer and to the disposal of the proceeds thereof, by the Department of Revenue, only on the order of a court of competent jurisdiction. The trust company, so long as it continues solvent and complies with the laws of the state, may be permitted by the Department of Commerce and Economic Development to collect the interest and dividends on the securities and from time to time exchange the securities for others of equal value. All securities before they may be accepted by the Department of Revenue for filing under this section shall be approved by the Department of Commerce and Economic Development. A trust company that is a member of the Federal Deposit Insurance Corporation or whose deposits are insured in whole or in part by an agency of the United States is exempt from the requirements of this section.
 Sec. 06.25.240. - Real estate.
 (a) All real estate purchased or acquired by a trust company shall be conveyed directly to it by name and the conveyance immediately recorded.
 (b) A parcel of real estate purchased or acquired by a trust company shall be sold by it within three years from the date on which it is acquired, unless
 (1) there is a building thereon occupied by the trust company as an office; however, the trust company may not invest in any property as an office or business house, or an assay office or apartment connected therewith, a sum exceeding 50 per cent of its capital; or
 (2) the department, upon written application by the board of directors of the trust company, extends the time within which the sale may be made.
 Sec. 06.25.250. - Required reserves. [Repealed, Sec. 6 ch 236 SLA 1970].
 Repealed or Renumbered
 Sec. 06.25.255. - Restriction of trust and banking services.
 The department may restrict or prohibit a trust company from offering designated trust or banking services if it determines the trust company is not qualified to provide these services in a competent manner.
 Sec. 06.25.260. - Stockholders' rights, powers, duties and liability.
 Sec. 06.25.260. Stockholders' rights, powers, duties and liability.
 (a) The rights, powers and duties of stockholders of trust companies are those prescribed under AS 10.06 (Alaska Corporations Code). However, the individual liability of stockholders for the contracts, debts, and engagements of the trust company and the time within which an action may be instituted to enforce that liability are governed exclusively by this section.
 (b) The stockholders of a trust company doing business in the state are individually responsible equally and ratably and not one for another, for the benefit of the creditors of the trust company, for all contracts, debts and engagements of the trust company to the amount of their stock at par value thereof, in addition to stock held by them. This liability may be enforced by civil action by any trust company in process of liquidation, or by any receiver or person succeeding to the legal rights of the trust company. The liability continues for six months after any transfer of stock as to the affairs of the trust company at the time and before the date of transfer. An action to enforce liability shall be brought within six years after the cause of action has accrued. If the deposits of the bank are insured to the maximum amount allowable by the Federal Deposit Insurance Corporation or any agency of the United States which insures bank deposits, in whole or in part, then the stockholders are liable only to the extent of their investment in the trust company.
 Sec. 06.25.270. - Impairment of capital.
 (a) If the department makes demand upon a trust company to make good an impairment of capital, the directors of the trust company shall immediately serve notice of the demand and the amount of the assessment upon each stockholder by a written or printed notice mailed to each stockholder at the stockholder's place of residence or served upon the stockholder personally.
 (b) If a stockholder refuses or neglects to pay the assessment within 60 days from the date of the notice, the directors of the trust company may sell to the highest bidder at public auction the stock of the stockholder, after giving notice of the sale for two weeks in a newspaper of general circulation published in or nearest to the town where the principal office of the trust company is located. The stock may be sold at private sale without published notice if an offer in writing to purchase the stock is obtained and a copy served upon the owner of record of the stock either personally or by mailing a copy to the owner at the owner's place of residence, or the address furnished by the owner to the trust company. If, after service of the offer, the owner refuses or neglects to pay the assessment within two weeks from the time of service of the offer, the directors may accept the offer and sell the stock to the person making the offer, or to any other person making a larger offer than the amount named in the offer submitted to the stockholder. The stock may not be sold for a smaller sum than the valuation put on it by the person making the offer to purchase. The valuation may not be less than the amount of the assessment called for and the necessary costs of sale. Out of the proceeds of the stock sold the directors shall pay the necessary costs of sale and the amount of the assessment. The balance, if any, shall be paid to the person whose stock has been sold. A sale of stock effects an absolute cancellation of the outstanding certificate evidencing the stock, and renders it void and a new certificate shall be issued to the purchaser.
 Sec. 06.25.280. - Directors.
 (a) The affairs of a trust company shall be managed and its corporate powers exercised by a board of directors of not less than five nor more than 15, as may be provided in the certificate of incorporation and subject to the provisions of AS 10.06 (Alaska Corporations Code). Each director shall be a stockholder of the company owning at least 10 shares of its capital stock.
 (b) Directors shall be elected by the stockholders and hold office for one year or until their successors are elected and qualified. A majority of the board of directors shall be bona fide residents of the state and a majority constitutes a quorum for the transaction of business. The first board of directors shall be elected at the meeting held before the trust company is authorized by the department to do business, and thereafter at the annual meeting of the stockholders, which shall be held at the times and places designated in the bylaws. If for any reason no election is held at the times and places designated in the bylaws, an election may be held at an adjourned meeting or at a subsequent special meeting called for that purpose. Notice of the special meeting shall be given in the manner prescribed in this chapter or the bylaws of the trust company. At all meetings of the stockholders each share is entitled to one vote and any stockholder may vote by proxy in writing duly executed by the stockholder.
 Sec. 06.25.290. - Annual meeting of stockholders.
 Notice of the times and places of the annual meeting of the stockholders shall be given by publication at least once in each week for two successive weeks immediately preceding the meeting in a newspaper published in or nearest the city where the principal office of the company is located and in any other manner prescribed in the bylaws.
 Sec. 06.25.300. - Oath of directors.
 Each director shall take an oath that the director will, to the extent the duties of office require, diligently and honestly administer the affairs of the trust company, and will not knowingly violate, or willingly permit to be violated, any provision of law applicable to the trust company, and that the director is the owner in good faith and in the director's own right of at least the number of shares of stock required by AS 06.25.280 , subscribed by the director or standing in the director's name on the books of the trust company and that the stock is not hypothecated, or in any way pledged as security for any loan or debt, and, in case of reelection or reappointment, that the stock was not hypothecated, or in any way pledged as security for any loan or debt during the director's previous term. The oath shall be subscribed by the director and certified by an officer authorized by law to administer oaths, and immediately filed with the department.
 Sec. 06.25.310. - Election of president, vice president and other officers.
 Within 15 days after the annual meeting of stockholders is held, the directors shall elect a president from their own number, a vice president, and other officers required by the bylaws to be elected annually.
 Sec. 06.25.315. - Supervision by department; regulations.
 The department shall supervise every trust company organized under this chapter so as to promote and maintain a sound banking system and a sound trust company operation, the security of deposits and customers, the preservation of the liquid position of banks and trust companies, and in the interest of preventing injurious credit expansion and contractions. The department may adopt regulations to carry out the provisions of this chapter.
 Sec. 06.25.320. - Penalty for violations not specifically provided for. [Repealed, Sec. 102 ch 26 SLA 1993].
 Repealed or Renumbered
 Article 04 - GENERAL PROVISIONS
 Sec. 06.25.350. - Definitions.
 In this chapter, "department" means the Department of Commerce and Economic Development.
 Chapter 06.30. - ALASKA SAVINGS ASSOCIATION ACT
 Chapter 06.35. - UNIFORM COMMON TRUST FUND ACT
 Sec. 06.35.010. - Common trust funds.
 (a) A bank or trust company that is qualified to act as a fiduciary in this state, or in another state if affiliated with a bank or trust company that is qualified to act as a fiduciary in this state, may establish common trust funds for the purpose of furnishing investments to
 (1) itself as fiduciary;
 (2) itself and others as cofiduciaries; or
 (3) its affiliated bank or trust company as fiduciary.
 (b) A bank or trust company may invest, as fiduciary or cofiduciary, in the common trust funds it establishes under (a) of this section, the funds that the bank or trust company lawfully holds for investment, if the investment is not prohibited by the instrument, court judgment, court decree, or court order creating the fiduciary relationship, and if, in the case of cofiduciaries, the bank or trust company procures the consent of its cofiduciary or cofiduciaries to the investment.
 (c) Notwithstanding (a) and (b) of this section, a bank or trust company that is qualified to act as a fiduciary in the state where the bank or trust company is organized or otherwise formed and that is not a member of the Federal Reserve System shall in the establishment of or investment in a common trust fund under (a) - (b) of this section comply with the law regulating financial institutions in the state where the bank or trust company is organized or otherwise formed.
 (d) The Department of Commerce and Economic Development may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section.
 (e) In this section,
 (1) "affiliated" means two or more banks or trust companies in which
 (A) 25 percent or more of the voting shares, excluding shares owned by the United States or by a corporation or other entity wholly owned by the United States, is directly or indirectly owned or controlled by a holding company; or
 (B) the election of a majority of the directors is controlled in any manner by a holding company;
 (2) "bank" means an organization that is authorized by the United States Comptroller of the Currency, or by the director of banking or the equivalent position in the state of organization, to accept deposits and to make commercial loans, and whose deposits are insured by the Federal Deposit Insurance Corporation;
 (3) "trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers, but does not include a natural person.
 Sec. 06.35.020. - Court accounting.
 Unless ordered by a court of competent jurisdiction, a bank or trust company operating a common trust fund is not required to render a court accounting with regard to the fund. A bank or trust company may, by application to the superior court, secure approval of an accounting it makes with regard to a common trust fund on the conditions the court establishes.
 Sec. 06.35.030. - Procedure for court accounting.
 When an accounting of a common trust fund is presented to the superior court under AS 06.35.020 for approval, the court shall assign a time and place for hearing and order notice of the hearing by
 (1) publication once a week for three weeks, the first publication to be not less than 20 days before the date of the hearing, of a notice in a newspaper having a circulation in the judicial district in which the bank or trust company or branch thereof operating the common trust fund is located;
 (2) mailing not less than 14 days before the date of the hearing a copy of the notice to all beneficiaries of the trust participating in the common trust fund whose names are known to the bank or trust company from the records kept by it in the regular course of business in the administration of the participating trusts, directed to them at the addresses shown by the records; and
 (3) such further notice as the court may order.
 Sec. 06.35.040. - Uniformity of interpretation.
 This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
 Sec. 06.35.050. - Short title.
 This chapter may be cited as the Uniform Common Trust Fund Act.
 Chapter 06.40. - PREMIUM FINANCING ACT
 Article 01 - LICENSING
 Sec. 06.40.010. - License required.
 Except as provided in AS 06.40.020 , a person may not engage in the business of entering into premium finance agreements on insurance sold in this state or risks located in this state, either directly or indirectly, or otherwise act as a premium finance company in this state without being licensed by the department.
 Sec. 06.40.020. - Applicability.
 This chapter does not apply to
 (1) an insurer authorized to transact business in this state with respect to premiums on policies that the insurer issues;
 (2) a bank, trust company, savings association, or other financial institution subject to the other chapters of this title and authorized to transact business in this state that does not possess or acquire any right, title or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds of it in the event of loss;
 (3) the inclusion of a charge for insurance in connection with an installment sale under AS 45.10; and
 (4) persons licensed under AS 21.27 financing only their own accounts if they are in compliance with AS 21.36.122 .
 Sec. 06.40.030. - Bond.
 (a) The applicant shall file with the application a bond to be approved by the department in which the applicant is the obligor, in the sum of $5,000 with one or more sureties. The bond shall be for the use of the state and any person who may have a cause of action against the obligor under this chapter. The bond must state that the obligor will faithfully conform to and abide by the provisions of this chapter and of all regulations lawfully adopted by the department, and will pay to the state and to any person all money that may become due or owing to the state or to the person from the applicant under this chapter. The aggregate liability of the surety for all breaches of the bond condition may not exceed the penal sum of the bond, and the bond may be cancelled by the surety on 30 days notice to the commissioner.
 (b) If at any time the commissioner finds that the bond is unsatisfactory for any reason, the commissioner may require the licensee to file, within 10 days after the receipt of a written demand for it, an additional bond complying with the provisions of (a) of this section.
 Sec. 06.40.040. - Annual license fee.
 On or before December 20 of each year, each licensee shall pay a fee of $200 to the department as an annual license fee for the next succeeding calendar year. At that same time the licensee shall file with the department a new bond that complies with AS 06.40.030 .
 Sec. 06.40.050. - Application for license; fee; disclosure for child support purposes.
 (a) Application for a license under this chapter shall be in writing and in the form prescribed by the department. If the applicant is a natural person, the application form must require submission of the applicant's social security number.
 (b) All reasonable investigation expenses incurred by the department in processing an application for approval of a proposed premium finance company shall be charged to and paid by the applicant in accordance with AS 06.01.010 . At the time of submitting the application to the department, the applicant shall pay to the department $500 in partial payment of the investigation expenses incurred by the department. If the investigation expenses incurred by the department do not exceed $500, the remainder shall be promptly refunded to the applicant.
 (c) The person to whom the license may be or is issued shall file sworn answers to interrogatories required by the commissioner. The commissioner shall have authority, at any time, to require the licensee fully to disclose the identity of all directors, partners, officers and managerial employees. The commissioner may refuse to issue or continue a license in the name of any firm or corporation if the commissioner determines that any officer, employee, stockholder or partner of the firm or corporation who may materially influence the licensee's conduct does not meet the requirements of this chapter.
 (d) All premium finance licenses shall continue in force until suspended or revoked, subject to the payment by the licensee of the annual license fee and to the licensee being in compliance with other provisions of this chapter.
 (e) Upon request, the department shall provide a social security number submitted under (a) of this section to the child support enforcement agency created in AS 25.27.010 , or the child support agency of another state, for child support purposes authorized under law.
 Sec. 06.40.060. - Place of business.
 (a) A licensee may maintain only one place of business under a license. The department may issue more than one license to the same licensee upon application and compliance by the licensee with the provisions of this chapter governing the original issuance of a license.
 (b) If a licensee changes the place of business to another location, the licensee shall give written notice to the department. The department shall attach the written notice of the change to the license together with the date. Thereafter, the licensee may operate the business under the license at the new location.
 Sec. 06.40.070. - Investigation; qualifications for license.
 (a) Upon the filing of an application and payment of the investigation fee specified in AS 06.40.050 (b), the commissioner shall conduct an investigation of an applicant and shall issue a premium finance company license if the applicant meets the requirements of this chapter. If the commissioner does not so find, the commissioner shall, within 30 days after receipt of the application, at the request of the applicant, give the applicant a full hearing.
 (b) The commissioner shall issue a license to an applicant when the commissioner is satisfied that the applicant
 (1) is competent and trustworthy and intends to act in good faith in the capacity involved by the license applied for;
 (2) has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied; and
 (3) if a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
 Sec. 06.40.080. - Revocation or suspension of license.
 The commissioner may revoke or suspend the license of any licensee when, upon completion of an investigation, the commissioner determines that
 (1) the license issued to the company was obtained by fraud;
 (2) there was misrepresentation in the application for the license;
 (3) the holder of the license has otherwise proven to be untrustworthy or incompetent to act as a premium finance company; or
 (4) the licensee has violated any of the provisions of this chapter.
 Sec. 06.40.090. - Misleading statements prohibited; disclosure of interest rate.
 (a) A person may not advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner, any statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action which is false, misleading, or deceptive.
 (b) The licensee or lender shall state the interest rate charged in a premium finance agreement fully and clearly as an annual percentage rate.
 Sec. 06.40.100. - Record keeping; examination of records.
 (a) A licensee shall maintain records of its premium finance transactions, including the insurance agents through which the licensee provides loans to residents of this state and the records shall be open to examination and investigation by the commissioner at the office of the licensee. All records pertaining to insurance contracts financed by state residents shall be maintained or readily available in the licensee's office. The commissioner may, at any reasonable time, require the licensee to bring records pertaining to premium finance agreements to the commissioner's office for examination. The expenses incurred by the department in conducting an examination shall be charged to and paid by the licensee in accordance with AS 06.01.010 .
 (b) A licensee shall preserve its records of premium finance transactions, including cards used in a card system, for at least three years after making the final entry relating to any premium finance agreement. The preservation of records in photographic form constitutes compliance with this requirement.
 (c) Each licensee shall, on or before March 15 of each year, file a report with the department containing information as the department may reasonably require concerning the business and operations during the preceding calendar year of each licensed place of business conducted by the licensee. The report shall be made under oath, shall be in the form prescribed by the department, and shall be kept available as a public record.
 Sec. 06.40.110. - Contents of premium finance agreement.
 (a) A premium finance agreement must
 (1) be dated, signed by the borrower, and the printed portion of it shall be in at least eight-point type;
 (2) contain the name and place of business of the insurance agent negotiating the related insurance policy, the name and residence or the place of business of the borrower as specified by the borrower, the name and place of business of the licensee to which payments are to be made, an identification of the insurance policy involved and the amount of the premium charged for it; and
 (3) set out the following items where applicable:
 (A) the total amount of the premiums;
 (B) the amount of the down payment;
 (C) the principal balance (the difference between (A) and (B) of this paragraph);
 (D) the annual percentage rate of interest; and
 (E) the number of payments required, the amount of each payment expressed in dollars, and the due date or period of it.
 (b) The items set out in (a)(3) of this section do not need to be stated in the sequence or order in which they appear in (a) of this section, and additional items may be included to explain the computations made in determining the amount to be paid by the insured.
 (c) The repayment schedule relating to dwelling fire, homeowner, private passenger automobile, boats not used for commercial purposes, owner-occupied mobile homes, and fire insurance policies covering owner-occupied multiple unit dwellings for four families or less shall be such that the total amount due the licensee at any time does not exceed the unearned premium on the policy being financed at that time. A deficiency balance may not be established or collected from the borrower. This section does not preclude the licensee from establishing or collecting a deficiency balance to the extent the insurer offsets unearned premiums on the policy financed by premiums earned by reason of endorsements to that same policy not paid for by the insured or financed by the licensee.
 (d) The licensee or the insurance agent shall deliver to the borrower, or mail to the borrower at the address shown in the agreement, a complete copy of the agreement.
 Sec. 06.40.120. - Interest rate; refund on prepayment.
 (a) A premium finance company may not charge, contract for, receive, or collect a service charge other than as permitted by this chapter.
 (b) The service charge is to be computed on the balance of the premiums due, after subtracting the down payment made by the borrower in accordance with the premium finance agreement, from the effective date of the insurance coverage for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable.
 (c) The service charge may not exceed interest at the nominal annual rate of 15 per cent plus an additional charge of $10 per premium finance agreement which need not be refunded upon cancellation or prepayment. However, any borrower may prepay a premium finance agreement in full at any time before the due date of the final payment and in that event the unearned service charge shall be refunded. The amount of any refund shall be calculated in accordance with regulations adopted by the commissioner.
 Sec. 06.40.130. - Delinquency charge; separate financing.
 (a) A premium finance agreement may provide for the payment by the borrower of a delinquency charge for any payment that is in default for a period of 10 days or more. The charge may be made for each month or fraction of a month that the payment is in default. The amount of the charge may be a minimum of $1 and as a maximum shall be subject to the following limits:
 (1) for delinquent payments of less than $250, five per cent of the payment or $5, whichever is less; or
 (2) for delinquent payments of $250 or more, two per cent of the payment.
 (b) A borrower has the option to separate the financing of the premiums for one insurance policy from a premium finance agreement by requesting in writing that the premium finance company provide that service and by paying a $10 separate charge.
 Sec. 06.40.140. - Cancellation of policy.
 (a) When a premium finance agreement contains a power of attorney enabling the licensee to cancel the insurance policy listed in the agreement, the insurance policy may not be cancelled by the licensee unless the cancellation is effectuated under this section.
 (b) The licensee shall give not less than 10 days' written notice to the borrower, by mailing by certified mail or documented by an affidavit of mailing, of the licensee's intent to cancel the insurance policy unless the default is cured within that 10-day period. A copy of the notice shall also be mailed by certified mail or documented by an affidavit of mailing to the insurance agent indicated on the premium finance agreement.
 (c) After expiration of the 10-day period specified in (b) of this section, the licensee may, in the name of the borrower, cancel the insurance policy by mailing by certified mail or documented by an affidavit of mailing to the insurer a notice of cancellation. The insurance policy shall be cancelled as if the notice of cancellation had been submitted by the borrower, but without requiring the return of the insurance policy. The licensee shall also mail by certified mail or documented by an affidavit of mailing a notice of cancellation to the borrower at the borrower's last-known address and to the insurance agent indicated on the premium finance agreement.
 (d) All statutory, regulatory and contractual restrictions providing that the insurance policy may not be cancelled unless notice is given to a governmental agency, mortgagee, or other third party shall apply where cancellation is effected under this section. The insurer shall give the prescribed notice on behalf of itself or the borrower to any governmental agency, mortgagee, or other third party on or before the fifth business day after the day it receives the notice of cancellation from the licensee and shall determine the effective date of cancellation taking into consideration the number of days notice required to complete the cancellation.
 Sec. 06.40.150. - Return of unearned premiums.
 (a) If a financed insurance policy is cancelled and provided the insurer has been notified of the assignment of interest of the insured to the licensee, the insurer within 60 days of the effective date of cancellation shall take the steps that are necessary to have any gross unearned premiums that are due under the insurance policy returned to the licensee for the account of the borrower if the licensee has complied with the notice provisions of AS 06.40.140 (b).
 (b) If the crediting of return premiums to the account of the borrower results in a surplus over the amount due from the borrower, the licensee shall refund the excess to the borrower; however, a refund is not required if it amounts to less than $1.
 Sec. 06.40.160. - Civil and criminal penalties.
 (a) A lender who, in the making of any contract, loan or premium finance agreement or the collection of interest or charges, does any act that violates AS 06.40.010 - 06.40.020, 06.40.090, or 06.40.110 - 06.40.130 shall at the option of the commissioner reimburse that portion of the interest and charges in excess of that provided in those sections, or, in the case of repeated violations of those sections by the lender, the lender shall adjust the contract, loan, or premium finance agreement interest and other charges down to the contract interest limitation specified in AS 45.45.010 (a).
 (b) [Repealed, Sec. 102 ch 26 SLA 1993].
 Sec. 06.40.170. - Filing not required to perfect validity of agreement.
 A filing under AS 45.09 of the premium finance agreement is not necessary to perfect the validity of the agreement as a secured transaction against creditors, subsequent purchasers, pledgees, encumbrancers, successors or assigns.
 Sec. 06.40.180. - Regulations, orders.
 The commissioner shall adopt regulations necessary to carry out this chapter, and the commissioner may order any person to cease violation of this chapter or a regulation adopted under it.
 Sec. 06.40.190. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "commissioner" means the commissioner of commerce and economic development or a designee of the commissioner;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "premium finance agreement" means an agreement by which a borrower or prospective borrower promises to pay to a licensee or to its assignee the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or broker in payment of premiums on an insurance policy sold in this state or covering risks located in this state together with a service charge, and as a security for it the premium finance company receives an assignment of the unearned premium; however, a mortgage, conditional sale contract, or other security agreement covering property which authorizes the lienholder to pay or advance premiums for insurance under the mortgage, contract, or other security agreement is not considered to be a premium finance agreement;
 (4) "premium finance company" means a person engaged in the business of entering into premium finance agreements with borrowers or of acquiring premium finance agreements from insurance agents, brokers or other premium finance companies.
 Chapter 06.45. - ALASKA CREDIT UNION ACT
 Sec. 06.45.010. - Responsibility of commissioner.
 (a) The commissioner shall administer this chapter.
 (b) The commissioner may by regulation define the powers of credit unions formed under this chapter and adopt regulations to carry out the purposes of credit unions consistent with this chapter and AS 06.01.020.
 (c) The commissioner may delegate any authority, power, or function granted by this chapter.
 (d) The records of credit unions shall be kept and reports shall be made in accordance with regulations adopted by the commissioner.
 (e) A person appointed or elected by a credit union to a position requiring the receipt, payment, or custody of money or personal property owned by a credit union or in its custody or control as collateral or otherwise shall give bond in a corporate surety company approved by the commissioner on a form approved by the commissioner and in an amount prescribed by the commissioner. The commissioner may approve the use of a form of schedule or blanket bond which covers all the officers and employees of a credit union whose duties include the receipt, payment, or custody of money or other personal property for or on behalf of the credit union. The commissioner may approve the use of a form of excess coverage bond under which a credit union may obtain coverage in excess of the basic surety coverage.
 Sec. 06.45.020. - Formation of credit union.
 (a) Seven or more natural persons who desire to form a credit union shall subscribe before an officer competent to administer oaths, articles of incorporation in duplicate that must state
 (1) the name of the credit union;
 (2) the location of the credit union and the territory in which it will operate;
 (3) the names and addresses of the subscribers to the certificate and the number of shares each subscribed;
 (4) the par value of the shares, which shall be $5 each;
 (5) the proposed field of membership specified in detail;
 (6) the term of the existence of the credit union, which may be perpetual; and
 (7) the fact that the articles of incorporation are adopted to enable the persons to avail themselves of the advantages of this chapter.
 (b) The articles of incorporation must also include provisions required by the commissioner for the management of the business of the credit union, for the conduct of its affairs, and relating to the powers of its directors, officers, or stockholders.
 (c) At the time of presenting the articles of incorporation to the commissioner the incorporators shall also submit proposed bylaws to the commissioner for approval. Except to the extent the articles of incorporation provide the structure and designate the offices, the bylaws shall provide the organizational structure of the credit union and specifically designate those offices that will be held by the executive or managing officers of the credit union. Copies of the original bylaws of the credit union and any amendments of the bylaws shall be filed with the commissioner.
 (d) The commissioner may prepare form articles of incorporation and form bylaws, consistent with this chapter, which may be used by credit union incorporators and shall be supplied to them on request.
 Sec. 06.45.030. - Approval of articles of incorporation and issuance of certificate of authority.
 (a) The articles of incorporation shall be presented to the commissioner for approval. Before the certificate of authority is issued, the commissioner shall determine
 (1) whether the articles of incorporation and bylaws conform to the provisions of this chapter and to regulations of the commissioner;
 (2) the general character and fitness of the subscribers; and
 (3) the economic advisability of establishing the proposed credit union.
 (b) A certificate of authority shall be delivered by the commissioner to the credit union if the required fee has been paid. On issuance of the certificate of authority, the credit union is a body corporate and is subject to the limitations of this chapter, and is vested with all of the powers and charged with all of the liabilities conferred and imposed by this chapter upon credit unions organized under it.
 Sec. 06.45.040. - Fees.
 (a) The commissioner shall assess a credit union a fee for expenses under AS 06.01.010 in processing an application
 (1) for approval of articles of incorporation and bylaws and the issuance of a certificate of authority for a credit union;
 (2) for the approval of a branch of a credit union;
 (3) for a merger or conversion of a credit union; or
 (4) for an examination under AS 06.45.050 .
 (b) Failure of a credit union to pay a fee required by (a)(2), (3), or (4) of this section within 30 days of receipt of billing from the commissioner is grounds for the revocation of the certificate of authority of the credit union.
 Sec. 06.45.050. - Reports and examinations.
 A credit union organized under this chapter is under the supervision of the commissioner and shall make an annual financial report to the commissioner and shall make other financial reports required by regulations adopted by the commissioner. A credit union is subject to examination by the commissioner.
 Sec. 06.45.060. - Powers of a credit union.
 A credit union has succession in its corporate name during its existence and may
 (1) enter into a contract;
 (2) sue and be sued;
 (3) adopt, use, and alter a common seal;
 (4) purchase, hold, and dispose of property;
 (5) make loans, the maturities of which may not exceed 12 years except as provided in this chapter, and extend lines of credit to its members, to other credit unions, and to credit union organizations and participate with other credit unions, credit union organizations, or financial organizations in making loans to credit union members in accordance with the following:
 (A) loans to members shall be made in conformity with regulations adopted by the commissioner, except that
 (i) a residential real estate loan which is made to finance the acquisition of a one- to four-family dwelling for the principal residence of a credit union member which is secured by a first lien on the dwelling may have a maturity not exceeding 30 years;
 (ii) a loan to finance the purchase of a mobile home, which is secured by a first lien on the mobile home, to be used as the residence of a credit union member, or for the repair, alteration, or improvement of a residential dwelling that is the residence of a credit union member shall have a maturity not to exceed 15 years unless the loan is insured or guaranteed under (iii) of this subparagraph;
 (iii) a loan secured by the insurance or guarantee of the federal government, of a state government, or an agency of either may be made for the maturity and under the terms and conditions specified in the law under which the insurance or guarantee is provided;
 (iv) a loan or aggregate of loans to a director or member of the supervisory or credit committee of the credit union making the loan which exceeds $5,000 plus pledged shares shall be approved by the board of directors;
 (v) loans to other members for which directors or members of the supervisory or credit committee act as guarantor or endorser shall be approved by the board of directors when the loans standing alone or when added to an outstanding loan or loans of the guarantor or endorser exceed $5,000;
 (vi) the rate of interest may not exceed the greater of 15 percent a year or the rate specified in AS 45.45.010 (b);
 (vii) the taking, receiving, reserving, or charging of a rate of interest greater than is allowed by this paragraph, when knowingly done, is considered a forfeiture of the entire interest that the note, bill, or other evidence of debt carries with it, or that has been agreed to be paid on the note, bill, or other evidence of debt; if a greater rate of interest has been paid, the person by whom it has been paid or the person's legal representatives may recover back from the credit union taking or receiving it the entire amount of interest paid, but the action must be commenced within two years from the time the usurious collection was made;
 (viii) a borrower may repay a loan before maturity in whole or in part on any business day without penalty;
 (ix) loans shall be paid or amortized under regulations adopted by the commissioner that consider the needs or conditions of the borrowers, the amounts and duration of the loans, the interests of the members and the credit union, and other factors established in regulations adopted by the commissioner;
 (x) the total dollar amount of real estate loans and mobile home loans outstanding may not exceed 25 percent of the assets of the credit union without the written approval of the commissioner;
 (xi) a credit union with assets of less than $3,000,000 may make real estate loans with maturities in excess of 15 years only with the approval of the commissioner;
 (B) a self-replenishing line of credit to a borrower may be established to a stated maximum amount on terms and conditions that may be different from terms and conditions established for another borrower;
 (C) loans to other credit unions require the approval of the board of directors of the loaning credit union;
 (D) loans to credit union associations require the approval of the board of directors of the credit union and may not exceed one percent of the paid-in and unimpaired capital and surplus of the credit union;
 (E) participation loans with other credit unions, credit union associations, or financial organizations shall be made in accordance with written policies of the board of directors of the credit union, except that a credit union that originates a loan for which participation arrangements are made in accordance with this section shall retain an interest not less than 10 percent of the face amount of the loan;
 (6) receive from its members and from others payments on shares that may be issued at varying dividend rates, and payments on share certificates that may be issued at varying dividend rates and maturities, and establish share draft accounts, subject to terms, rates, and conditions as may be established by the board of directors of the credit union, within limitations prescribed by the commissioner;
 (7) invest its funds
 (A) in loans exclusively to members;
 (B) in obligations of the United States or securities fully guaranteed as to principal and interest by the United States;
 (C) in loans to other credit unions in the total amount not exceeding 25 percent of its paid-in and unimpaired capital and surplus in accordance with regulations adopted by the commissioner;
 (D) in shares or accounts of savings and loan associations or mutual savings banks that are insured by the Federal Deposit Insurance Corporation;
 (E) in obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, or a corporation designated in 31 U.S.C. 9101 as a wholly owned federal government corporation; in obligations, participations, or other instruments of or issued by or fully guaranteed as to principal and interest by the Federal National Mortgage Association or the Government National Mortgage Association; in mortgages, obligations, or other securities that are or have been sold by the Federal Home Loan Mortgage Corporation under 12 U.S.C. 1454 or 12 U.S.C. 1455 (Federal Home Loan Mortgage Corporation Act); or in obligations or other instruments or securities of the Student Loan Marketing Association;
 (F) in participation certificates evidencing beneficial interests in obligations, or in the right to receive interest and principal collections from obligations, that have been subjected by one or more federal agencies to a trust or trusts for which an executive department, agency, or instrumentality of the United States or its head has been named to act as trustee;
 (G) in shares or deposits of a central credit union in which such investments are authorized by the board of directors of the credit union making the investment;
 (H) in shares, share certificates, or share deposits of federally insured credit unions;
 (I) in the shares, stocks, or obligations of another organization providing services that are associated with the routine operations of credit unions, up to one percent of the total paid-in and unimpaired capital and surplus of the credit union with the approval of the commissioner;
 (J) in the capital stock of the National Credit Union Central Liquidity Facility; and
 (K) in the stocks, bonds, and other securities of
 (i) a corporation licensed under AS 10.13; or
 (ii) a corporation attempting to become licensed under AS 10.13 if the corporation intends to use the proceeds to fulfill the tasks necessary to become licensed under AS 10.13;
 (8) make deposits in national banks and in state banks, trust companies, and mutual savings banks operating in accordance with the laws of the state;
 (9) borrow in accordance with regulations adopted by the commissioner from any source, in an aggregate amount not exceeding 50 percent of its paid-in and unimpaired capital and surplus, except that a credit union may discount with or sell to a federal intermediate credit bank an eligible obligation up to the amount of its paid-in and unimpaired capital;
 (10) levy late charges, in accordance with the bylaws, for failure of members to meet promptly their obligations to the credit union;
 (11) levy and enforce a lien upon the shares and dividends of a member to the extent of a loan made to, and any dues or charges payable by, the member;
 (12) in accordance with regulations adopted by the commissioner, sell to members negotiable checks, travelers checks, and money orders, and cash checks and money orders for members, for a fee which does not exceed the direct and indirect costs incident to providing the service;
 (13) in accordance with regulations adopted by the commissioner, purchase, sell, pledge, discount, or otherwise receive or dispose of, in whole or in part, eligible obligations of its members and purchase from a liquidating credit union notes made by individual members of the liquidating credit union at prices agreed upon by the board of directors of the liquidating credit union and the board of directors of the purchasing credit union; a purchase may not be made under authority of this paragraph if, upon the making of the purchase, the aggregate of the unpaid balances of notes purchased under authority of this paragraph exceeds five percent of the unimpaired capital and surplus of the credit union;
 (14) sell all or a part of its assets to another credit union, purchase all or part of the assets of another credit union, and assume the liabilities of the selling credit union and those of its members subject to regulations of the commissioner; and
 (15) exercise incidental powers as are necessary or required to enable it to carry on effectively the business for which it is incorporated.
 Sec. 06.45.070. - Membership.
 Credit union membership consists of the incorporators and other persons and incorporated and unincorporated organizations, to the extent permitted by regulations adopted by the commissioner, elected to membership. Each member shall subscribe to at least one share of the stock of the credit union and pay the initial installment on the stock and a uniform entrance fee if required by the board of directors of the credit union. Credit union membership is limited to groups having a common bond of occupation or association, or to groups within a well-defined neighborhood, community, or rural district. Shares may be issued in joint tenancy with right of survivorship with a person designated by the credit union member. A joint tenant may not be permitted to vote, obtain loans, or hold office, unless the joint tenant is within the field of membership and is qualified for membership.
 Sec. 06.45.080. - Meetings of members.
 The fiscal year of a credit union ends December 31. The annual meeting of a credit union shall be held within three months after the end of the fiscal year at a place its bylaws prescribe. Special meetings may be held under the bylaws. A member may not vote by proxy, but a member other than a natural person may vote through an agent designated for the purpose. A member may not have more than one vote.
 Sec. 06.45.090. - Management of credit union.
 (a) The business affairs of a credit union are managed by (1) a board of not less than five directors; (2) a credit committee of not less than three members; and (3) a supervisory committee of not less than three members or more than five members. The members of the board of directors shall be elected at the annual members meeting by and from the members. The supervisory committee shall be appointed by the board of directors, and a vacancy in the supervisory committee shall be filled by the board of directors. One of the members of the supervisory committee may be a member of the board of directors, other than the treasurer. The credit committee consists of an uneven number of three or more members appointed by the board of directors for the terms established by the bylaws. Members of the board of directors and of the credit and supervisory committees hold office for terms as the bylaws may provide.
 (b) A record of the names and addresses of the members of the board, the committees, and the officers of the credit union shall be filed with the commissioner within 10 days after election or appointment.
 Sec. 06.45.100. - Compensation.
 A member of the board of directors or of the credit or supervisory committees may not be compensated for service on the board of directors or credit or supervisory committees. Reasonable health, accident, and similar insurance protection is not compensation under this section and may be provided under regulations adopted by the commissioner.
 Sec. 06.45.110. - Executive officers.
 (a) At its first meeting after the annual meeting of the members, the board of directors shall elect from its membership the executive officers of the credit union.
 (b) An executive officer, other than the treasurer, may not be compensated as an officer.
 (c) The offices of secretary and treasurer may be held by the same person.
 (d) The duties of the officers are determined by the bylaws.
 (e) The treasurer shall give bond with good and sufficient surety, in an amount and character to be determined by the board of directors in compliance with regulations adopted by the commissioner.
 (f) The board of directors shall appoint a president to act as chief executive officer of the credit union and to be actively in charge of the operations of the credit union.
 Sec. 06.45.120. - Board of directors.
 (a) The board of directors shall meet at least once a month and shall have the general direction and control of the business affairs of the credit union. Minutes of all meetings shall be kept.
 (b) The board of directors shall
 (1) act upon applications for membership;
 (2) require an officer or employee having custody of or handling funds to give bond with good and sufficient surety in an amount and character to be determined by the board of directors in compliance with regulations adopted by the commissioner and authorize the payment of the premium by the credit union;
 (3) fill vacancies in the board of directors until successors elected at the next annual meeting have qualified;
 (4) have charge of investments other than loans to members; the board of directors may designate a committee of not less than two to act as an investment committee that has charge of making investments under rules and procedures established by the board of directors;
 (5) determine the maximum number of shares and share certificates and the classes of shares and share certificates that may be held;
 (6) subject to the limitations of this chapter, determine the interest rates on loans, the security, and the maximum amount that may be loaned or provided in lines of credit;
 (7) subject to regulations adopted by the commissioner, authorize an interest refund to members of record at the close of business on the last day of any dividend period in proportion to the interest paid by the members during the dividend period; and
 (8) provide for compensation of officers and employees.
 (c) The board of directors may appoint an executive committee of not less than three directors to exercise authority delegated to it under the conditions and limitations prescribed by the board of directors.
 Sec. 06.45.130. - Applications for membership.
 (a) The board of directors shall establish procedures for the review and approval of applications for membership in the credit union.
 (b) Each month the board of directors shall review a list of applications for membership acted on during the preceding month.
 (c) If an application for membership is denied, the reasons for the denial shall be furnished to the applicant on request.
 (d) The board of directors may appoint a membership officer from the members of the credit union or the executive committee of the board of directors to review applications for membership. A treasurer, assistant treasurer, or loan officer may not review applications for membership.
 Sec. 06.45.140. - Powers and duties of credit committee.
 (a) The credit committee shall hold meetings to consider applications for loans and lines of credit as the business of the credit union may require but not less frequently than once a month. Reasonable notice of the meetings shall be given to members of the credit committee.
 (b) Except for the loans or lines of credit required to be approved by the board of directors under AS 06.45.060 (5), a majority of the entire credit committee may approve an application.
 (c) The credit committee may delegate to a loan officer the power to approve loans and lines of credit. A loan officer shall furnish to the credit committee a record of each approved or unapproved application within seven days of the filing of the application.
 (d) An application not approved by a loan officer shall be acted on by the credit committee.
 (e) An individual may not disburse funds of a credit union for a loan, line of credit, or application that the individual approved in the capacity of loan officer.
 (f) Applications for loans and lines of credit shall be made on forms prepared by the credit committee.
 Sec. 06.45.150. - Loan restriction.
 A loan may not be made to a member if, on the making of the loan, the member would be indebted to the credit union on loans from the credit union in an amount exceeding 10 percent of the unimpaired capital and surplus of the credit union.
 Sec. 06.45.160. - Security.
 For the purposes of loans made under this chapter, an assignment of shares or the endorsement of a note constitutes security, and, subject to regulations adopted by the commissioner, insurance obtained under Title 1 of the National Housing Act is adequate security.
 Sec. 06.45.170. - Powers and duties of supervisory committee.
 (a) The supervisory committee shall conduct an annual audit of the accounts of the credit union and submit a report of the audit to the board of directors and a summary of the audit to the members at the next annual members meeting of the credit union. The supervisory committee may conduct supplementary audits as it considers necessary or as ordered by the commissioner, and submit reports of the supplementary audits to the board of directors.
 (b) The supervisory committee shall verify the passbooks and accounts of the members with the records of the treasurer from time to time, but not less frequently than once every two years. In this subsection, "passbook" includes a book, statement of account, or other record approved by the commissioner for use by credit unions.
 (c) The supervisory committee may by a unanimous vote suspend an officer of the credit union or a member of the credit committee or the board of directors until the next meeting of the members which shall be held not less than seven or more than 14 days after the suspension under this subsection. A suspension shall be acted upon by the members.
 (d) The supervisory committee may call by a majority vote a special meeting of the members to consider a violation of this chapter, the articles of incorporation or bylaws, or a practice of the credit union considered unsafe or unauthorized by the supervisory committee.
 (e) The board of directors may by a majority vote suspend a member of the supervisory committee until the next meeting of the members which shall be held not less than seven or more than 14 days after the suspension. A suspension shall be acted upon by the members.
 Sec. 06.45.180. - Reserves.
 (a) At the end of each accounting period the gross income of the credit union shall be determined. From this amount, there shall be set aside as a regular reserve against losses on loans and against other losses specified in regulations adopted by the commissioner under this chapter sums in accordance with the following schedule:
 (1) a credit union in operation for more than four years and having assets of $500,000 or more shall set aside
 (A) 10 percent of gross income until the regular reserve equals four percent of the total of outstanding loans and risk assets; then
 (B) five percent of gross income until the regular reserve equals six percent of the total of outstanding loans and risk assets;
 (2) a credit union in operation less than four years or having assets of less than $500,000 shall set aside
 (A) 10 percent of gross income until the regular reserve equals seven and one-half percent of the total of outstanding loans and risk assets; then
 (B) five percent of gross income until the regular reserve equals 10 percent of the total of outstanding loans and risk assets;
 (3) when the regular reserve falls below the stated percent of the total of outstanding loans and risk assets, it shall be replenished by regular contributions in amounts as may be needed to maintain the stated reserve goals.
 (b) The commissioner may decrease the reserve requirement in (a) of this section when the decrease is necessary or desirable. The commissioner may also require special reserves to protect the interests of members either by general regulation or for an individual credit union.
 Sec. 06.45.190. - Dividends.
 At intervals as the board of directors may authorize and after provision for required reserves, the board of directors may declare, under regulations adopted by the commissioner, a dividend to be paid at different rates on different types of shares and at different rates and maturity dates in the case of share certificates. Dividend credit may be accrued on various types of shares and share certificates as authorized by the board of directors.
 Sec. 06.45.200. - Expulsion and withdrawal.
 A member may be expelled by a two-thirds vote of the members of a credit union present at a special meeting called for the purpose, but only after the member has been given an opportunity to be heard. Withdrawal or expulsion of a member does not discharge the liability of the member to the credit union. The amount to be paid a withdrawing or expelled member by a credit union shall be determined and paid in the manner specified in the bylaws.
 Sec. 06.45.210. - Minors or trusts.
 Shares of a credit union may be issued in the name of a minor or in trust, subject to conditions prescribed by the bylaws. When shares are issued in trust, the name of the beneficiary shall be disclosed to the credit union.
 Sec. 06.45.220. - Suspension.
 (a) The commissioner, upon a finding that the credit union is bankrupt, insolvent, or is operating in an unsafe or unsound manner or that the credit union has violated the provisions of its articles of incorporation or bylaws, this chapter, or regulations adopted by the commissioner, may exercise the powers granted under AS 06.01.030 and temporarily suspend the operations of the credit union.
 (b) The commissioner, under the regulations adopted by the commissioner, may permit operations to continue under conditions and procedures established by the commissioner, or direct the credit union to cease operations and appoint a liquidating agent to liquidate the credit union.
 Sec. 06.45.230. - Exemption from taxation.
 A credit union organized under this chapter, its property, franchises, capital, reserves, surpluses, and other funds, and its income are exempt from taxation by the state or a political subdivision of the state, except that real property and tangible personal property owned by a credit union is subject to taxation to the same extent that similar property is taxed. This section does not prevent holdings in a credit union organized under this chapter from being included in the valuation of the personal property of the owners or holders under taxes imposed by the state or a political subdivision of the state.
 Sec. 06.45.240. - Conversions.
 (a) A federal credit union may convert into a credit union organized under this chapter by complying with applicable federal law and by qualifying under this chapter.
 (b) A credit union organized under this chapter may convert into a federal credit union by complying with this chapter and by qualifying under federal law.
 Sec. 06.45.250. - Insurance of member accounts.
 A credit union organized under this chapter shall, under regulations adopted by the commissioner, participate in insurance of member accounts under programs offered by the National Credit Union Administration Board or a program of comparable insurance approved by the commissioner.
 Sec. 06.45.260. - Liquidity facility participation.
 A credit union organized under this chapter may, under regulations adopted by the commissioner, participate in the programs offered by the National Credit Union Central Liquidity Facility.
 Sec. 06.45.270. - Conflict of interest.
 (a) A member of the board of directors or a member of the credit committee or supervisory committee or an employee of a credit union may not participate in the deliberation or the determination of a question affecting the person's own pecuniary interest or the pecuniary interest of a corporation, partnership, or association in which the person is interested.
 (b) A person who violates (a) of this section may not thereafter serve as an officer, agent, or employee of a credit union.
 Sec. 06.45.280. - Merger.
 (a) A credit union may merge with another credit union under a plan agreed upon by a majority of the board of directors of each credit union and approved by a majority of the members of each credit union present at meetings called to approve the plan.
 (b) The commissioner may by regulation establish further procedures governing mergers.
 Sec. 06.45.290. - Branch offices.
 A credit union may establish a branch office under regulations of the commissioner.
 Sec. 06.45.300. - Unauthorized conduct of credit union business.
 It is a class A misdemeanor for a natural person to conduct business under a name or title that contains the words "credit union" or a derivation of them or to represent to be conducting business as a credit union.
 Sec. 06.45.310. - Transfer of credit union's property to preferred creditor is void.
 Sec. 06.45.310. Transfer of credit union's property to preferred creditor is void.
 The transfer of property, money, or assets by a credit union after it becomes insolvent, to prefer one creditor over another, or to prevent the equal distribution of its property and assets among its creditors is void.
 Sec. 06.45.320. - , 06.45.330. Unlawful deceit of commissioner or examiners; receipt of deposits while insolvent. [Repealed, Sec. 102 ch 26 SLA 1993]. :ao;06.45.330
 Repealed or Renumbered
 Sec. 06.45.340. - Limitations on credit unions.
 A credit union may not acquire control directly or indirectly of another financial institution or invest in shares, stocks or obligations of an insurance company, trade association, liquidity facility or any other similar organization, corporation, or association except as expressly provided by this chapter.
 Sec. 06.45.400. - Definitions.
 In this chapter
 (1) "commissioner" means the commissioner of commerce and economic development;
 (2) "credit union" means a cooperative association organized in accordance with the provisions of this chapter for the purpose of promoting thrift among its members and creating a source of credit for provident or productive purposes;
 (3) "credit union association" means an organization established primarily to serve the needs of its member credit unions under regulations adopted by the commissioner.
 Title 08 - BUSINESS AND PROFESSIONS
 Chapter 08.01. - CENTRALIZED LICENSING
 Sec. 08.01.010. - Applicability of chapter.
 This chapter applies to the
 (1) Board of Public Accountancy (AS 08.04.010 );
 (2) regulation of acupuncturists under AS 08.06;
 (3) State Board of Registration for Architects, Engineers and Land Surveyors (AS 08.48.011 );
 (4) Athletic Commission (AS 05.05 and AS 05.10);
 (5) regulation of audiologists under AS 08.11;
 (6) Board of Barbers and Hairdressers (AS 08.13.010 );
 (7) regulation of big game guides and transporters under AS 08.54;
 (8) regulation of business licenses under AS 43.70;
 (9) Board of Chiropractic Examiners (AS 08.20.010 );
 (10) [See delayed amendment note]. Board of Social Work Examiners (AS 08.95.010);
 (11) regulation of collection agencies under AS 08.24;
 (12) regulation of concert promoters under AS 08.92;
 (13) regulation of construction contractors under AS 08.18;
 (14) Board of Dental Examiners (AS 08.36.010 );
 (15) Board of Certified Direct-Entry Midwives (AS 08.65.010 );
 (16) Board of Dispensing Opticians (AS 08.71.010 );
 (17) regulation of electrical and mechanical administrators under AS 08.40;
 (18) regulation of professional geologists under AS 08.02.011 ;
 (19) regulation of hearing aid dealers under AS 08.55;
 (20) Board of Marine Pilots (AS 08.62.010 );
 (21) Board of Marital and Family Therapy (AS 08.63.010 );
 (22) State Medical Board (AS 08.64.010 );
 (23) regulation of mobile home dealers under AS 08.67;
 (24) regulation of morticians under AS 08.42;
 (25) regulation of the practice of naturopathy under AS 08.45;
 (26) Board of Nursing (AS 08.68.010 );
 (27) regulation of nursing home administrators under AS 08.70;
 (28) Board of Examiners in Optometry (AS 08.72.010 );
 (29) Board of Pharmacy (AS 08.80.010 );
 (30) State Physical Therapy and Occupational Therapy Board (AS 08.84.010);
 (31) Board of Professional Counselors (AS 08.29.010 );
 (32) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010);
 (33) Real Estate Commission (AS 08.88.011 );
 (34) Board of Certified Real Estate Appraisers (AS 08.87.010 );
 (35) Board of Veterinary Examiners (AS 08.98.010 ).
 Sec. 08.01.020. - Board organization.
 Board members are appointed by the governor and serve at the pleasure of the governor. Unless otherwise provided, the governor may designate the chair of a board, and all other officers shall be elected by the board members. Unless otherwise provided, officers of a board are the chair and the secretary. A board may provide by regulation that three or more unexcused absences from meetings are cause for removal.
 Sec. 08.01.025. - Public members.
 A public member of a board may not
 (1) be engaged in the occupation that the board regulates;
 (2) be associated by legal contract with a member of the occupation that the board regulates except as a consumer of the services provided by a practitioner of the occupation; or
 (3) have a direct financial interest in the occupation that the board regulates.
 Sec. 08.01.030. - Quorum.
 A majority of the membership of a board constitutes a quorum unless otherwise provided.
 Sec. 08.01.035. - Appointments and terms.
 Members of boards subject to this chapter are appointed for staggered terms of four years. Except as provided in AS 39.05.080 (4), a member of a board serves until a successor is appointed. Except as provided in AS 39.05.080(4), an appointment to fill a vacancy on a board is for the remainder of the unexpired term. A member who has served all or part of two successive terms on a board may not be reappointed to that board unless four years have elapsed since the person has last served on the board.
 Sec. 08.01.040. - Transportation and per diem.
 A board member is entitled to transportation expenses and per diem as set out in AS 39.20.180 .
 Sec. 08.01.050. - Administrative duties of department.
 (a) The department shall perform the following administrative and budgetary services when appropriate:
 (1) collect and record fees;
 (2) maintain records and files;
 (3) issue and receive application forms;
 (4) notify applicants of acceptance or rejection as determined by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as determined by the department under applicable law;
 (5) designate dates examinations are to be held and notify applicants;
 (6) publish notice of examinations and proceedings;
 (7) arrange space for holding examinations and proceedings;
 (8) notify applicants of results of examinations;
 (9) issue licenses or temporary licenses as authorized by the board or, for occupations or activities listed in AS 08.01.010 that are regulated directly by the department, as authorized by the department under applicable law;
 (10) issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the department;
 (11) notify licensees of renewal dates at least 30 days before the expiration date of their licenses;
 (12) compile and maintain a current register of licensees;
 (13) answer routine inquiries;
 (14) maintain files relating to individual licensees;
 (15) arrange for printing and advertising;
 (16) purchase supplies;
 (17) employ additional help when needed;
 (18) perform other services that may be requested by the board;
 (19) provide inspection, enforcement, and investigative services to the boards and for the occupations listed in AS 08.01.010 regarding all licenses issued by or through the department;
 (20) retain and safeguard the official seal of a board and prepare, sign, and affix a board seal, as appropriate, for licenses approved by a board;
 (21) issue business licenses under AS 43.70.
 (b) The form and content of a license, authorized by a board listed in AS 08.01.010 , including any document evidencing renewal of a license, shall be determined by the department after consultation with and consideration of the views of the board concerned.
 (c) [Repealed, Sec. 49 ch 94 SLA 1987].
 (d) At the request of one of the following boards, the department may contract with public agencies and private professional organizations to provide assistance and treatment to persons licensed by the board who abuse alcohol, other drugs, or other substances:
 (1) Board of Social Work Examiners;
 (2) Board of Dental Examiners;
 (3) Board of Dispensing Opticians;
 (4) State Medical Board;
 (5) Board of Nursing;
 (6) Board of Examiners in Optometry;
 (7) Board of Pharmacy;
 (8) State Physical Therapy and Occupational Therapy Board;
 (9) Board of Professional Counselors;
 (10) Board of Psychologist and Psychological Associate Examiners; and
 (11) Board of Veterinary Examiners.
 Sec. 08.01.060. - Application for license.
 (a) All applications for examination or licensing to engage in the business or profession covered by this chapter shall be made in writing to the department.
 (b) If the applicant is a natural person, the application must require that the applicant submit the applicant's social security number to the department. Notwithstanding any other provision of this title, a license to engage in a profession may not be issued by the department to a natural person unless the social security number has been provided to the department.
 Sec. 08.01.062. - Courtesy licenses.
 (a) A board established under this title and the Department of Commerce and Economic Development, with respect to an occupation that it regulates under this title, may by regulation establish criteria for issuing a temporary courtesy license to nonresidents who enter the state so that, on a temporary basis, they may practice the occupation regulated by the board or the department.
 (b) The regulations adopted under (a) of this section may include limitations relating to the
 (1) duration of the license's validity;
 (2) scope of practice allowed under the license; and
 (3) other matters considered important by the board or the department.
 Sec. 08.01.065. - Establishment of fees.
 (a) Except for business licenses, the department shall adopt regulations that establish the amount and manner of payment of application fees, examination fees, license fees, registration fees, permit fees, investigation fees, and all other fees as appropriate for the occupations covered by this chapter.
 (b) [Repealed, Sec. 4 ch 34 SLA 1992].
 (c) Except as provided in (f) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected for an occupation approximately equals the actual regulatory costs for the occupation. The department shall annually review each fee level to determine whether the regulatory costs of each occupation are approximately equal to fee collections related to that occupation. If the review indicates that an occupation's fee collections and regulatory costs are not approximately equal, the department shall calculate fee adjustments and adopt regulations under (a) of this section to implement the adjustments. In January of each year, the department shall report on all fee levels and revisions for the previous year under this subsection to the office of management and budget. If a board regulates an occupation covered by this chapter, the department shall consider the board's recommendations concerning the occupation's fee levels and regulatory costs before revising fee schedules to comply with this subsection. In this subsection, "regulatory costs" means costs of the department that are attributable to regulation of an occupation plus
 (1) all expenses of the board that regulates the occupation if the board regulates only one occupation;
 (2) the expenses of a board that are attributable to the occupation if the board regulates more than one occupation.
 (d) The license fee for a business license is set by AS 43.70.030 (a). The department shall adopt regulations that establish the manner of payment of the license fee.
 (e) [Repealed, Sec. 28 ch 90 SLA 1991].
 (f) Notwithstanding (c) of this section, the department shall establish fee levels under (a) of this section so that the total amount of fees collected by the State Board of Registration for Architects, Engineers, and Land Surveyors approximately equals the total regulatory costs of the department and the board for all occupations regulated by the board. The department shall set the fee levels for the issuance and renewal of a certificate of registration issued under AS 08.48.211 so that the fee levels are the same for all occupations regulated by the board.
 Sec. 08.01.070. - Administrative duties of boards.
 Each board shall perform the following duties in addition to those provided in its respective law:
 (1) take minutes and records of all proceedings;
 (2) hold a minimum of one meeting each year;
 (3) hold at least one examination each year;
 (4) request, through the department, investigation of violations of its laws and regulations;
 (5) prepare and grade board examinations;
 (6) set minimum qualifications for applicants for examination and license;
 (7) forward a draft of the minutes of proceedings to the department within 20 days after the proceedings;
 (8) forward results of board examinations to the department within 20 days after the examination is given;
 (9) notify the department of meeting dates and agenda items at least 15 days before meetings and other proceedings are held;
 (10) submit before the end of the fiscal year an annual performance report to the department stating the board's accomplishments, activities, and needs.
 Sec. 08.01.075. - Disciplinary powers of boards.
 (a) A board may take the following disciplinary actions, singly or in combination:
 (1) permanently revoke a license;
 (2) suspend a license for a specified period;
 (3) censure or reprimand a licensee;
 (4) impose limitations or conditions on the professional practice of a licensee;
 (5) require a licensee to submit to peer review;
 (6) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
 (7) impose probation requiring a licensee to report regularly to the board on matters related to the grounds for probation;
 (8) impose a civil fine not to exceed $5,000.
 (b) A board may withdraw probationary status if the deficiencies that required the sanction are remedied.
 (c) A board may summarily suspend a licensee from the practice of the profession before a final hearing is held or during an appeal if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing before the board to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the board on an appeal of a summary suspension to a court of competent jurisdiction.
 (d) A board may reinstate a suspended or revoked license if, after a hearing, the board finds that the applicant is able to practice the profession with skill and safety.
 (e) A board may accept the voluntary surrender of a license. A license may not be returned unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.
 (f) A board shall seek consistency in the application of disciplinary sanctions. A board shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.
 Sec. 08.01.077. - Conviction as grounds for disciplinary action.
 Notwithstanding any other provision of this title, the conviction under AS 47.24.010 of a person licensed, certified, or regulated by the department or a board under this title may be considered by the department or board as grounds for disciplinary proceedings or sanctions.
 Sec. 08.01.080. - Department regulations.
 The department shall adopt regulations to carry out the purposes of this chapter including but not limited to describing
 (1) how an examination is to be conducted;
 (2) what is contained in application forms;
 (3) how a person applies for an examination or license.
 Sec. 08.01.087. - Investigative and enforcement powers of department.
 (a) The department may, upon its own motion, conduct investigations to
 (1) determine whether a person has violated a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 ; or
 (2) secure information useful in the administration of this chapter.
 (b) If it appears to the commissioner that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it, or a provision of AS 43.70, or a provision of this title or regulation adopted under this title dealing with an occupation or board listed in AS 08.01.010 , the commissioner may, if the commissioner considers it in the public interest, and after notification of a proposed order or action by telephone, telegraph, or facsimile to all board members, if a board regulates the act or practice involved, unless a majority of the members of the board object within 10 days,
 (1) issue an order directing the person to stop the act or practice; however, reasonable notice of and an opportunity for a hearing must first be given to the person, except that the commissioner may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days after the person receives the notice and has not requested a hearing by that time; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; the commissioner or the commissioner's designee shall be the hearing officer at the hearing and shall issue a final order within 10 days after the hearing;
 (2) bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, a regulation adopted under it, an order issued under it, or with a provision of this title or regulation adopted under this title dealing with business licenses or an occupation or board listed in AS 08.01.010 ;
 (3) examine or have examined the books and records of a person whose business activities require a business license or licensure by a board listed in AS 08.01.010 , or whose occupation is listed in AS 08.01.010 ; the commissioner may require the person to pay the reasonable costs of the examination; and
 (4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.
 (c) Under procedures and standards of operation established by the department by regulation, and with the agreement of the appropriate agency, the department may designate appropriate state or municipal agencies to investigate reports of abuse, neglect, or misappropriation of property by certified nurse aides.
 Sec. 08.01.088. - [Renumbered as AS 08.01.077 ].
 Repealed or Renumbered
 Sec. 08.01.089. - Copies of records for child support purposes.
 If a copy of a public record concerning an individual who owes or is owed child support that is prepared or maintained by the department is requested by the child support enforcement agency created in AS 25.27.010 or a child support enforcement agency of another state, the department shall provide the requesting agency with a certified copy of the public record, including the individual's social security number. If these records are prepared or maintained by the department in an electronic data base, the records may be supplied by providing the requesting agency with a copy of the electronic record and a statement certifying its contents. A requesting agency receiving information under this section may use it only for child support purposes authorized under law.
 Sec. 08.01.090. - Applicability of the Administrative Procedure Act.
 The Administrative Procedure Act (AS 44.62) applies to regulations adopted and proceedings held under this chapter, except those under AS 08.01.087(b) and actions taken under AS 08.68.333 (c).
 Sec. 08.01.100. - License renewal, lapse, and reinstatement.
 (a) Licenses shall be renewed biennially on the dates set by the department with the approval of the respective board.
 (b) A license subject to renewal shall be renewed on or before the date set by the department. If the license is not renewed by the date set by the department, the license lapses. In addition to renewal fees required for reinstatement of the lapsed license, the department may impose a delayed renewal penalty, established by regulation, that shall be paid before a license that has been lapsed for more than 60 days may be renewed. The department may adopt a delayed renewal penalty only with the concurrence of the appropriate board.
 (c) When continuing education or other requirements are made a condition of license renewal, the requirements shall be satisfied before a license is renewed.
 (d) Except as otherwise provided, a license may not be renewed if it has been lapsed for five years or more.
 (e) Notwithstanding any other provision of this title, a renewal of a license may not be issued by the department to a natural person unless the licensee's social security number has been provided to the department.
 Sec. 08.01.102. - Citation for unlicensed practice or activity.
 The department may issue a citation for a violation of a license requirement under this chapter or AS 43.70 if there is probable cause to believe a person has practiced a profession or engaged in business for which a license is required without holding the license. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.
 Sec. 08.01.103. - Procedure and form of citation.
 (a) A citation issued under AS 08.01.102 must be in writing. A person receiving the citation is not required to sign a notice to appear in court.
 (b) The time specified in the notice to appear on a citation issued under AS 08.01.102 shall be at least five days, not including weekends and holidays, after the issuance of the citation, unless the person cited requests an earlier hearing.
 (c) The department is responsible for the issuance of books containing appropriate citations, and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.
 (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of a citation, copies of it, or of the record of its issuance except as required under this subsection and (e) of this section.
 (e) The department shall require the return of a copy of every citation issued by the department and all copies of a citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with each citation, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
 (f) If the form of citation includes the essential facts constituting the offense charged, and if the citation is sworn to as required under the laws of this state for a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the purpose of prosecution.
 Sec. 08.01.104. - Failure to obey citation.
 Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.01.102 , regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.
 Sec. 08.01.105. - Penalty for improper payment.
 An applicant shall pay a penalty of $10 each time a negotiable instrument is presented to the department in payment of an amount due and payment is subsequently refused by the named payor.
 Sec. 08.01.110. - Definitions.
 In this chapter,
 (1) "board" includes the boards and commissions listed in AS 08.01.010;
 (2) "commissioner" means the commissioner of commerce and economic development;
 (3) "department" means the Department of Commerce and Economic Development;
 (4) "license" means a business license or a license, certificate, permit, or registration or similar evidence of authority issued for an occupation by the department or by one of the boards listed in AS 08.01.010;
 (5) "licensee" means a person who holds a license;
 (6) "occupation" means a trade or profession listed in AS 08.01.010 .
 Chapter 08.02. - MISCELLANEOUS PROVISIONS
 Sec. 08.02.010. - Professional designation requirements.
 (a) An acupuncturist licensed under AS 08.06, an audiologist licensed under AS 08.11, a person licensed in the state as a chiropractor under AS 08.20, a dentist under AS 08.36, a marital and family therapist licensed under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a registered nurse under AS 08.68, an optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as professional identification appropriate letters or a title after that person's name which represents that person's specific field of practice. The letters or title shall appear on all signs, stationery, or other advertising in which the person offers or displays personal professional services to the public. In addition, a person engaged in the practice of medicine or osteopathy as defined in AS 08.64.380 , or a person engaged in any manner in the healing arts who diagnoses, treats, tests, or counsels other persons in relation to human health or disease and uses the letters "M.D." or the title "doctor" or "physician" or another title that tends to show that the person is willing or qualified to diagnose, treat, test, or counsel another person, shall clarify the letters or title by adding the appropriate specialist designation, if any, such as "dermatologist", "radiologist", "audiologist", "naturopath", or the like.
 (b) A person subject to (a) of this section who fails to comply with the requirements of (a) of this section shall be given notice of noncompliance by that person's appropriate licensing board or, if the person is not regulated by a board, by the department. If, after a reasonable time, with opportunity for a hearing, the person's noncompliance continues, the board or department, as appropriate, may suspend or revoke the person's license or registration, or administer other disciplinary action which in its determination is appropriate.
 Sec. 08.02.011. - Professional geologist.
 The commissioner of commerce and economic development shall certify an applicant as a professional geologist if the applicant is certified as a professional geologist by the American Institute of Professional Geologists.
 Sec. 08.02.020. - Limitation of liability.
 An action may not be brought against a person for damages resulting from
 (1) the person's good faith performance of a duty, function, or activity required as a
 (A) member of, or witness before, a licensing board or peer review committee established to review a licensing matter;
 (B) member of a committee appointed under AS 08.64.336 (c);
 (C) contractor or agent of a contractor under AS 08.01.050 (d) or AS 08.64.101(5);
 (2) a recommendation or action in accordance with the prescribed duties of a licensing board, peer review committee established to review a licensing matter, committee appointed under AS 08.64.336 (c), or contractor or agent of a contractor under AS 08.01.050 (d) or AS 08.64.101(5) when the person acts in the reasonable belief that the action or recommendation is warranted by facts known to the person, board, peer review committee, committee appointed under AS 08.64.336(c), or contractor or agent of the contractor under AS 08.01.050(d) or AS 08.64.101 (5) after reasonable efforts to ascertain the facts upon which the action or recommendation is made; or
 (3) a report made in good faith to a public agency by the person, or participation by the person in an investigation by a public agency or a judicial or administrative proceeding relating to the report, if the report relates to the abuse of alcohol, other drugs, or other substances by a person licensed by a board listed in AS 08.01.050 (d).
 Sec. 08.02.025. - Compliance with student loan requirements. [Repealed, Sec. 18 ch 54 SLA 1997. For current law, see AS 14.43.148 ].
 Repealed or Renumbered
 Sec. 08.02.030. - [Renumbered as AS 08.01.062 ].
 Repealed or Renumbered
 Chapter 08.03. - TERMINATION, CONTINUATION AND REESTABLISHMENT OF REGULATORY BOARDS
 Sec. 08.03.010. - Termination dates for regulatory boards.
 (a) [Repealed, Sec. 4 ch 14 SLA 1987].
 (b) [Repealed, Sec. 4 ch 14 SLA 1987].
 (c) The following boards have the termination date provided by this subsection:
 (1) Board of Public Accountancy (AS 08.04.010 ) - June 30, 2001;
 (2) Board of Governors of the Alaska Bar Association (AS 08.08.040 ) - June 30, 2002;
 (3) State Board of Registration for Architects, Engineers, and Land Surveyors (AS 08.48.011 ) - June 30, 2001;
 (4) Board of Barbers and Hairdressers (AS 08.13.010 ) - June 30, 2001;
 (5) Board of Chiropractic Examiners (AS 08.20.010 ) - June 30, 2002;
 (6) [See delayed action note]. Board of Social Work Examiners (AS 08.95.010) - June 30, 2005;
 (7) Board of Dental Examiners (AS 08.36.010 ) - June 30, 2001;
 (8) Board of Certified Direct-Entry Midwives (AS 08.65.010 ) - June 30, 1998;
 (9) Board of Dispensing Opticians (AS 08.71.010 ) - June 30, 2002;
 (10) Board of Marine Pilots (AS 08.62.010 ) - June 30, 1999;
 (11) Board of Marital and Family Therapy (AS 08.63.010 ) - June 30, 2005;
 (12) State Medical Board (AS 08.64.010 ) - June 30, 2003;
 (13) Board of Nursing (AS 08.68.010 ) - June 30, 2003;
 (14) Board of Examiners in Optometry (AS 08.72.010 ) - June 30, 2002;
 (15) Board of Pharmacy (AS 08.80.010 ) - June 30, 1999;
 (16) State Physical Therapy and Occupational Therapy Board (AS 08.84.010) - June 30, 2001;
 (17) Board of Professional Counselors (AS 08.29.010 ) - June 30, 2002.
 (18) Board of Psychologist and Psychological Associate Examiners (AS 08.86.010) - June 30, 2005;
 (19) Real Estate Commission (AS 08.88.011 ) - June 30, 2004;
 (20) Board of Certified Real Estate Appraisers (AS 08.87.010 ) - June 30, 2004;
 (21) Board of Veterinary Examiners (AS 08.98.010 ) - June 30, 2001.
 (d) [Repealed, Sec. 3 ch 74 SLA 1979].
 (e) [Repealed, Sec. 3 ch 74 SLA 1979].
 Sec. 08.03.020. - Procedures governing termination, transition, and continuation.
 (a) Upon termination, each board listed in AS 08.03.010 shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs. During this period, termination does not reduce or otherwise limit the powers or authority of each board. One year after the date of termination, a board not continued shall cease all activities.
 (b) The termination, dissolution, continuation or reestablishment of a regulatory board shall be governed by the legislative oversight procedures of AS 44.66.050 .
 (c) A board scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed four years unless the board is continued or reestablished for a longer period under AS 08.03.010 .
 Chapter 08.04. - ACCOUNTANTS
 Sec. 08.04.005. - Purpose.
 It is the policy of the state and the purpose of this chapter to promote the reliability of information that is used for guidance in financial transactions or assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that
 (1) persons professing special competence in accountancy or who offer assurance as to the reliability or fairness of presentation of financial information should demonstrate their qualifications to do so, and that persons who have not demonstrated and maintained adequate qualifications should not be permitted to hold themselves out as having special competence or to offer assurance about their actions;
 (2) the professional conduct of persons licensed as having special competence in accountancy should be regulated in all aspects of the practice of public accountancy;
 (3) a public authority competent to prescribe and assess the qualifications and to regulate the professional conduct of practitioners of public accountancy should be established; and
 (4) the use of titles relating to the practice of public accountancy that are likely to mislead the public as to the status or competence of the persons using these titles should be prohibited.
 Sec. 08.04.010. - Creation of board.
 There is created the Board of Public Accountancy.
 Sec. 08.04.020. - Appointment and qualifications of board.
 (a) The board consists of seven members appointed by the governor. Each member shall be a resident of this state for at least one year. Five members shall be certified public accountants or public accountants and two members shall be public members.
 (b) Except for public members, no one may be appointed who does not hold a current certificate or license and who is not eligible to receive permits under this chapter. Public members may not be employed by a person licensed under this chapter or by a business entity holding a permit under this chapter. Notwithstanding AS 08.01.025 , an accountant who is not certified or licensed under this chapter and is not engaged in the practice of public accountancy in violation of this chapter is eligible for appointment as a public member under this section.
 Sec. 08.04.025. - Meetings of board.
 The board shall hold a minimum of four meetings a year.
 Sec. 08.04.030. - Removal of members.
 The governor shall remove any member of the board whose certificate or license has been revoked or suspended. The governor may, after hearing, remove any member for neglect of duty or other just cause.
 Sec. 08.04.040. - Vacancy on board.
 A vacancy shall be filled by appointment for the unexpired term, except as provided in AS 39.05.080 (4), and all vacancies shall be filled within 60 days. Except as provided in AS 39.05.080 (4), after the expiration of a member's term of office a member continues to serve until a successor is appointed and qualifies, formally advises the board of acceptance of the appointment, and appears at the next meeting of the board.
 Sec. 08.04.050. - Quorum.
 A majority of the board constitutes a quorum for the transaction of business.
 Sec. 08.04.060. - Employment of personnel. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.04.070. - Functions of board.
 (a) The board shall elect annually from its members a presiding officer, a secretary and a treasurer. One person may hold the offices of secretary and treasurer.
 (b) The board may adopt and amend regulations for the orderly conduct of its affairs and for the administration of this chapter.
 (c) The board shall adopt a seal.
 (d) The board shall keep a record of its proceedings.
 (e) The board shall tape record all board meetings and submit the tapes to the Department of Commerce and Economic Development with a request that they be kept on file for at least two years.
 (f) The board shall adopt a formal statement of goals, objectives and policies to be reviewed and updated annually.
 (g) [Repealed, Sec. 6 ch 19 SLA 1998].
 Sec. 08.04.080. - Adoption of rules.
 The board may adopt rules of professional conduct to establish and maintain a high standard of integrity and dignity in the profession of public accountancy. At least 60 days prior to the adoption of any rule or amendment the board shall mail copies of the proposed rule or amendment together with a notice of its effective date by certified mail, with return receipt requested, to each holder of a permit issued under this chapter to the address of the permit holder last known to the board.
 Sec. 08.04.090. - Applicability of Administrative Procedure Act. [Repealed, Sec. 15 ch 82 SLA 1980].
 Repealed or Renumbered
 Chapter 08.06. - ACUPUNCTURE
 Sec. 08.06.010. - Practice of acupuncture without license prohibited.
 A person may not practice acupuncture without a license.
 Sec. 08.06.020. - Application for license.
 A person desiring to practice acupuncture shall apply in writing to the department.
 Sec. 08.06.030. - License to practice acupuncture.
 (a) A person is qualified to receive a license to practice acupuncture if the person
 (1) is of good moral character;
 (2) is at least 21 years of age;
 (3) either
 (A) has completed a course of study consistent with the core curriculum and guidelines of the National Council of Acupuncture Schools and Colleges at a school of acupuncture approved by the department; or
 (B) is licensed to practice acupuncture in another jurisdiction that has acupuncture licensing requirements equivalent to those of this state;
 (4) is qualified for certification by the National Commission for the Certification of Acupuncturists as a diplomate in acupuncture;
 (5) does not have a disciplinary proceeding or unresolved complaint pending at the time of application; and
 (6) has not had a license to practice acupuncture suspended or revoked in this state or in another jurisdiction.
 (b) The department shall issue a license to practice acupuncture to each person who is qualified and who pays the appropriate fee.
 (c) Each person licensed to practice acupuncture under this chapter shall display the license in a conspicuous place where the licensee practices.
 Sec. 08.06.040. - Renewal of license.
 The department may not renew a license under this chapter unless the applicant demonstrates continued competence as an acupuncturist in a manner established by the department in regulations.
 Sec. 08.06.050. - Disclosure.
 (a) A person who practices acupuncture shall disclose that the person's training and practice are in acupuncture
 (1) to each patient; and
 (2) on all material used in the practice of acupuncture and made available to patients or to the public.
 (b) A person who practices acupuncture without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.
 Sec. 08.06.060. - Restrictions on practice of acupuncture.
 A person who practices acupuncture may not
 (1) give, prescribe, or recommend in the practice a
 (A) prescription drug;
 (B) controlled substance;
 (C) poison;
 (2) engage in surgery; or
 (3) use the word "physician" in the person's title unless the person is also licensed as a physician.
 Sec. 08.06.070. - Grounds for imposition of disciplinary sanctions.
 After a hearing, the department may impose a disciplinary sanction on a person licensed under this chapter when the department finds that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;
 (5) intentionally or negligently engaged in patient care, or permitted the performance of patient care by persons under the licensee's supervision, that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
 (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;
 (7) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) failure to keep informed of current professional practices;
 (C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely;
 (D) physical or mental disability; or
 (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.
 Sec. 08.06.080. - Exemption.
 This chapter does not apply to a person who practices acupuncture under AS 08.36 or AS 08.64.
 Sec. 08.06.090. - Penalty.
 A person who violates this chapter or a regulation adopted under this chapter is guilty of a class B misdemeanor.
 Sec. 08.06.100. - Regulations.
 The department may adopt regulations to implement this chapter, including regulations establishing
 (1) standards for the practice of acupuncture;
 (2) standards for continuing education and training;
 (3) a code of ethics for the practice of acupuncture.
 Sec. 08.06.190. - Definitions.
 In this chapter,
 (1) "acupuncture" means a form of healing developed from traditional Chinese medical concepts that uses the stimulation of certain points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "practice of acupuncture" means the insertion of sterile acupuncture needles and the application of moxibustion to specific areas of the human body based upon acupuncture diagnosis; the practice of acupuncture includes adjunctive therapies involving mechanical, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and therapeutic exercise.
 Chapter 08.08. - ATTORNEYS
 Sec. 08.08.010. - Creation of Alaska Bar Association.
 There is created an instrumentality of the state known as the Alaska Bar Association, referred to in this chapter as the Alaska Bar. The Alaska Bar shall have a common seal, may sue and be sued, and may, for the purpose of carrying into effect and promoting the objects of the Alaska Bar, enter into contracts and acquire, hold, encumber, and dispose of real and personal property.
 Sec. 08.08.020. - Members.
 (a) Every person licensed to practice law in the state shall become a member in the Alaska Bar. All active and inactive members in good standing as of September 14, 1976, shall be considered to be members.
 (b) A person licensed to practice law in the state who, on September 14, 1976, is not enrolled on the membership rolls, shall be reinstated as a member only in accordance with the Alaska Bar Rules.
 Sec. 08.08.030. - Governance of the Alaska Bar.
 The Alaska Bar is governed by the Board of Governors of the Alaska Bar. The board has the powers and duties conferred by this chapter and by the Alaska Bar Rules. Members of the board do not receive a salary.
 Sec. 08.08.040. - Board of Governors of the Alaska Bar.
 (a) There is created a Board of Governors of the Alaska Bar to be elected under bylaws and regulations adopted by the board.
 (b) The board consists of nine active members elected by the active members of the Alaska Bar and three persons appointed by the governor who are not attorneys.
 Sec. 08.08.050. - Selection of the board.
 (a) Two members of the board shall be elected by and from among the members of the association resident in the first judicial district; four members of the board shall be elected by and from among the members of the association resident in the third judicial district; two members by and from among the members of the association resident in the combined area of the second and fourth judicial districts; and one member at large from the entire state. Three members who are not attorneys shall be appointed by the governor and are subject to confirmation by the legislature in joint session.
 (b) Members of the Board of Governors shall hold office for three years and until their successors are elected or appointed and qualified.
 (c) Four board members shall be selected on the following triennial rotation:
 (1) in the first year, one member from the first judicial district, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, and one appointed member;
 (2) in the second year, one member at large, two members from the third judicial district, and one appointed member; and
 (3) in the third year, one member from the combined area of the second and fourth judicial districts, one member from the third judicial district, one member from the first judicial district, and one appointed member.
 Sec. 08.08.060. - Election of officers.
 The active members of the Alaska Bar who are in actual attendance at the association's annual convention shall elect by a majority vote during the convention the association's officers from the membership of the Board of Governors.
 Sec. 08.08.070. - Vacancies on the board.
 (a) The board shall fill a vacancy in the elected membership of the board until the next annual election.
 (b) The governor shall appoint a member to fill a vacancy in the appointed membership of the board for the unexpired term.
 Sec. 08.08.075. - Meetings of the board.
 AS 44.62.310 and 44.62.312 apply to the meetings of the board. Members of the Alaska Bar and the public shall be given 30 days' notice of meetings of the board except for emergency meetings. Meetings of the board shall take place in the state.
 Sec. 08.08.080. - Powers of board.
 (a) Except as may be otherwise provided in this chapter or the Alaska Bar Rules, the board may approve and recommend to the state supreme court rules
 (1) concerning admission, discipline, licensing, continuing legal education, and defining the practice of law;
 (2) providing for continuing legal education and for certification of a continuing legal education program;
 (3) establishing a program for the certification of attorneys as specialists.
 (b) The board may adopt bylaws and regulations consistent with this chapter and the Alaska Bar Rules
 (1) concerning membership and the classification of membership in the Alaska Bar;
 (2) fixing the annual membership fees;
 (3) concerning annual and special meetings.
 (c) Consistent with this chapter and the Alaska Bar Rules, the board may
 (1) provide for employees of the Alaska Bar, the time, place and method of their selection, and their respective powers, duties, terms of office, and compensation;
 (2) establish, collect, deposit, invest, and disburse membership and admission fees, penalties, and other funds;
 (3) sue in the name of the Alaska Bar in a court of competent jurisdiction to enjoin a person from doing an act constituting a violation of this chapter;
 (4) provide for all other matters affecting in any way the organization and functioning of the Alaska Bar.
 Sec. 08.08.085. - Annual report.
 (a) The Board of Governors shall annually prepare a report on all matters concerning admissions, discipline of members, and disbarment proceedings, except for those matters defined as confidential by court rule, and notify the legislature that the report is available.
 (b) The annual report of the Board of Governors must note each addition, modification, or repeal of
 (1) a bylaw or regulation of the Alaska Bar;
 (2) the Alaska Bar Rules proposed to or adopted by the state supreme court.
 (c) The annual report of the Board of Governors may recommend to the legislature changes to this chapter and to the provisions of state law generally.
 Sec. 08.08.090. - Power of the bar to make or change bylaws and regulations.
 A bylaw or regulation adopted by the Board of Governors may be modified or rescinded, or a new bylaw or regulation may be adopted, by a vote of the active members of the association under bylaws and regulations to be adopted by the Board of Governors.
 Sec. 08.08.100. - Administrative Procedure Act.
 The bylaws and regulations adopted by the board or the members of the Alaska Bar under this chapter are not subject to AS 44.62 (Administrative Procedure Act).
 Sec. 08.08.110. - 08.08.120 - Admission, suspension and disbarment; disqualification to hear disciplinary matters. [Repealed, Sec. 11 ch 181 SLA 1976].
 Repealed or Renumbered
 Chapter 08.11. - AUDIOLOGISTS
 Sec. 08.11.010. - Qualifications for audiologist license.
 The department shall issue a license to practice audiology to an individual who
 (1) is 18 years of age or older;
 (2) applies on a form provided by the department;
 (3) pays the fee required under AS 08.11.050 ;
 (4) furnishes evidence satisfactory to the department that the person
 (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.11.080 ;
 (B) holds a master's degree or doctorate in audiology from an accredited educational institution approved by the department; and either has
 (i) a Certificate of Clinical Competence in Audiology from the American Speech-Language-Hearing Association or the equivalent of the certificate; or
 (ii) practiced audiology for two years as of January 1, 1986, or is in the process of completing the year of supervised clinical experience required for the Certificate of Clinical Competence of the American Speech-Language-Hearing Association.
 Sec. 08.11.020. - Temporary license to practice audiology as an audiologist.
 (a) On receipt of the completed application the department shall issue a temporary license for the practice of audiology as an audiologist to an individual who is licensed to practice audiology in another state and has submitted to the department an application for a license under AS 08.11.010 .
 (b) The department may issue a temporary license to the following:
 (1) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual is licensed to practice audiology in another state, territory of the United States, foreign country, or province that has requirements for a license to practice audiology that are substantially equivalent to or higher than the requirements of AS 08.11.010 ;
 (2) a nonresident for the practice of audiology as an audiologist in the state for 30 days or less in a calendar year, if the individual meets the qualifications and requirements for a license under AS 08.11.010, and resides in a state or territory of the United States or a foreign country or province that does not license individuals to practice audiology.
 (c) The department may impose by regulation additional limitations that it determines appropriate on a temporary license issued under this section.
 Sec. 08.11.030. - Reinstatement of lapsed license; renewal of suspended license.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 (c) The department may reinstate a lapsed license if the license has lapsed for less than two years and if the individual submits to the department an application for renewal and pays a delinquency fee in addition to the renewal fee.
 (d) A suspended license is subject to expiration and must be renewed as provided in AS 08.01.100 , but the renewal does not entitle the individual while the license remains suspended to practice audiology or to engage in other activity or conduct that violates the order or judgment that suspended the license.
 Sec. 08.11.040. - Display of license.
 (a) An individual licensed to practice audiology as an audiologist in the state shall display the license in a prominent place at each place of business of the individual.
 (b) If an audiologist has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual.
 Sec. 08.11.050. - Fees.
 The department shall set fees under AS 08.01.065 for each of the following:
 (1) application;
 (2) credential review;
 (3) audiologist license;
 (4) temporary license;
 (5) renewal of license;
 (6) delinquency;
 (7) reinstatement;
 (8) duplicate license.
 Sec. 08.11.070. - Dealing in hearing aids.
 An audiologist may deal in hearing aids as a hearing aid dealer without being licensed as a hearing aid dealer under AS 08.55, but shall comply with AS 08.55.050 , 08.55.070, 08.55.100, 08.55.110(a), 08.55.110(b)(3) and (c) - (h), and 08.55.130(7) - (13) when dealing in hearing aids.
 Sec. 08.11.080. - Grounds for imposition of disciplinary sanctions on an audiologist.
 After a hearing, the department may impose a disciplinary sanction on an audiologist when the department finds that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing audiology;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely;
 (5) continued to practice audiology after becoming unfit due to
 (A) professional incompetence;
 (B) use of drugs or alcohol in a manner that affects the person's ability to practice audiology competently and safely;
 (C) physical or mental disability;
 (6) permitted another person to use the licensee's license;
 (7) employed a person who does not have a valid current license to practice audiology to perform work covered by this chapter;
 (8) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
 Sec. 08.11.090. - Disciplinary sanctions.
 (a) When it finds that an audiologist has committed an act listed in AS 08.11.080 , the department may impose the following sanctions singly or in combination:
 (1) permanently revoke a license to practice;
 (2) suspend a license for a determinate period of time;
 (3) censure a licensee;
 (4) issue a letter of reprimand;
 (5) place a licensee on probationary status and require the licensee to
 (A) report regularly to the department on matters involving the basis of probation;
 (B) limit practice to those areas prescribed;
 (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement;
 (6) impose limitations or conditions on the practice of a licensee.
 (b) The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied.
 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. An individual whose license is suspended under this subsection is entitled to a hearing by the department no later than seven days after the effective date of the order. The individual may appeal the suspension after the hearing to the superior court.
 (d) The department may reinstate a license that has been suspended or revoked if the department finds after a hearing that the individual is able to practice with reasonable skill and safety.
 (e) One year after revocation of a license issued under this chapter, the individual whose license was revoked may reapply for the license. The department may require an examination for reinstatement.
 Sec. 08.11.100. - Prohibited acts.
 Unless a person is licensed under this chapter, the person may not
 (1) practice audiology;
 (2) use a title indicating or representing that the person practices as an audiologist;
 (3) advertise that the person practices audiology.
 Sec. 08.11.110. - Penalty.
 A person who violates AS 08.11.100 is guilty of a class B misdemeanor.
 Sec. 08.11.120. - Exemptions.
 (a) This chapter does not apply to an individual who practices audiology consistent with the accepted standards and code of ethics of the individual's profession as part of the individual's duties as
 (1) a physician licensed under AS 08.64;
 (2) an employee of the federal government who is required to practice audiology during the employment, if
 (A) the employer maintains appropriate supervision of the individual's practice of audiology;
 (B) the individual practices audiology as part of the duties for which the individual is employed;
 (C) the individual practices audiology in the facility where the individual is employed or under the supervision of the federal governmental unit where the individual is employed; and
 (D) the individual does not render or offer to render audiology services to the public for compensation in addition to the salary the individual receives from the federal governmental unit;
 (3) a student, intern, or resident pursuing a course of study in audiology at an accredited college or a clinical training facility approved by the department, if the activities of the student, intern, or resident constitute part of a supervised course of study and the student, intern, or resident is designated as an "audiology intern," "audiology trainee," or other title approved by the department that clearly indicates that the person is training to be an audiologist.
 (b) Notwithstanding the provisions of this chapter,
 (1) a nurse licensed under AS 08.68 may perform hearing sensitivity evaluations;
 (2) an individual licensed as a hearing aid dealer under AS 08.55 may deal in hearing aids;
 (3) an individual holding a class A certificate issued by the Conference of Executives of American Schools of the Deaf may teach the hearing impaired;
 (4) an individual may engage in the testing of hearing as part of a hearing conservation program that complies with the regulations of the Occupational Safety and Health Administration of the federal government if the individual is certified to do the testing by a state or federal agency acceptable to the Occupational Safety and Health Administration.
 (c) An individual who is not an audiologist, but who is exempt under this section, may not use a title or description stating or implying that the person is an audiologist.
 (d) An individual exempt under (a)(2) of this section may consult with and disseminate research findings and scientific information to accredited academic institutions or governmental agencies, and offer lectures to the public for a fee, monetary or otherwise, without being licensed under this chapter.
 (e) An individual who is not licensed under this chapter but who teaches the practice of audiology in an audiologist training program at a college or university may use the title "audiologist" but may not practice audiology.
 Sec. 08.11.130. - Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.11.200. - Definitions.
 In this chapter, unless the context indicates otherwise,
 (1) "audiologist" means an individual who is licensed under AS 08.11.010 to practice audiology in the state;
 (2) "dealing in hearing aids" has the meaning given in AS 08.55.200 ;
 (3) "department" means the Department of Commerce and Economic Development;
 (4) "hearing aid" has the meaning given in AS 08.55.200 ;
 (5) "practice of audiology" means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, habilitation, rehabilitation, counseling, and instruction related to hearing and hearing impairment for the purpose of modifying communicative disorders involving speech, language, auditory function, including auditory training, speech reading and the recommendation, evaluation, fitting, and sale of hearing aids, including the fitting of ear molds.
 Chapter 08.12. - BARBERS
 Chapter 08.13. - BARBERS AND HAIRDRESSERS
 Sec. 08.13.010. - Creation and membership of board.
 (a) There is created the Board of Barbers and Hairdressers consisting of five members appointed by the governor.
 (b) The board consists of
 (1) two persons licensed as barbers under this chapter;
 (2) two persons licensed as hairdressers under this chapter, one of whom is also licensed as a cosmetologist under this chapter; and
 (3) one public member.
 Sec. 08.13.020. - Terms of office and removal of members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.13.030. - Powers and duties of the board.
 (a) The board shall exercise general control over the vocations of barbering, hairdressing, and cosmetology.
 (b) The board shall
 (1) examine applicants and approve the issuance of licenses and permits to practice;
 (2) authorize the issuance of licenses for schools of barbering, hairdressing, and cosmetology.
 (c) The board may
 (1) suspend or revoke a license or permit;
 (2) on its own motion or upon receipt of a written complaint, conduct hearings and request the Department of Commerce and Economic Development to investigate the practices of a person, shop, or school involved in the practice or teaching of barbering, hairdressing, or cosmetology;
 (3) adopt regulations or do any act necessary to carry out the provisions of this chapter.
 Sec. 08.13.040. - Meetings and examinations.
 The board shall meet as often as necessary to conduct its business. It shall conduct separate examinations covering each field of practice: barbering, hairdressing, and cosmetology. Examinations shall be given at least twice in every year for each field of practice for which applications for licensure are pending. An applicant may take an examination in more than one field during the same testing session.
 Sec. 08.13.050. - Records of the board.
 The Department of Commerce and Economic Development shall keep a record of the board's proceedings related to the issuance, refusal, suspension, and revocation of each license and permit. The record shall contain the name of the person to whom a license or permit is issued, the person's place of business, the date of issuance for each license and permit, and whether it is currently valid. The record shall be open to inspection by the public at all reasonable times.
 Sec. 08.13.070. - License required.
 A person may not
 (1) practice barbering, hairdressing, or cosmetology without a license, temporary permit, or student permit unless exempted under AS 08.13.160(d);
 (2) practice barbering, hairdressing, or cosmetology except in a shop or school licensed under this chapter unless exempted under AS 08.13.160(d) or permitted under AS 08.13.160 (e);
 (3) open or conduct a school of barbering, hairdressing, or cosmetology without a license;
 (4) teach in a school of barbering, hairdressing, or cosmetology, or supervise an apprentice without an instructor's license;
 (5) operate a shop in violation of AS 08.13.120 ;
 (6) permit an employee or other person being supervised who is not exempted under AS 08.13.160 (d) to practice barbering, hairdressing, or cosmetology without a license, temporary permit, or student permit;
 (7) permit the use of the person's license, temporary permit, or student permit by another person;
 (8) obtain or attempt to obtain a license, temporary permit, or student permit by fraudulent means.
 Sec. 08.13.080. - Qualifications of applicants.
 An applicant for examination must
 (1) have successfully completed all courses that a school with a curriculum in barbering approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice barbering;
 (2) have successfully completed all courses that a school with a curriculum in hairdressing approved by the board is required to teach to be licensed under AS 08.13.110 if applying for a license to practice hairdressing;
 (3) have successfully completed all courses that a school with a curriculum in cosmetology approved by the board is required to teach in order to be licensed under AS 08.13.110 if applying for a license to practice cosmetology;
 (4) have served an apprenticeship under AS 08.13.082 ;
 (5) specify the field of practice in which the applicant intends to teach and have held a license to practice in the field for three years or have held a license in the field for one year and have completed 600 hours of student training as an instructor in the field of practice from a licensed school with a curriculum approved by the board if applying for a license as an instructor; or
 (6) have completed a combination of course work and apprenticeship acceptable to the board.
 Sec. 08.13.082. - Apprenticeship.
 (a) The period of apprenticeship required to qualify an applicant for a license to practice barbering is 2,000 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than 12 months from the date of its commencement and must be completed in not more than two years from the date of its commencement.
 (b) The period of apprenticeship required to qualify an applicant for a license to practice hairdressing is 2,000 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than one year from the date of its commencement and must be completed in not more than two years from the date of its commencement.
 (c) The period of apprenticeship required to qualify an applicant for a license to practice cosmetology is 350 hours. The apprenticeship must be served in a shop approved by the board. The apprenticeship may not be completed in less than six months from the date of its commencement and must be completed in not more than one year from the date of its commencement.
 Sec. 08.13.090. - Examinations and other requirements.
 (a) A written examination shall be given to each applicant for examination at a time and place determined by the board. The board may delegate the power of examination to a committee of the board or a board member.
 (b) The written examination must cover subjects designated by the board and must test the applicant's knowledge of sanitary practices, safety of all procedures, and use of instruments, equipment, and chemicals permitted within the field of practice for which the applicant is seeking a license.
 (c) The board may by regulation establish requirements for a practical examination for licensure.
 Sec. 08.13.100. - License.
 (a) The board shall authorize the issuance of a license to each qualified applicant who has passed an examination under AS 08.13.090 .
 (b) A license must state the areas of practice (barbering, hairdressing, cosmetology, or any combination) that the practitioner is qualified to perform.
 (c) The board may by regulation create areas of limited professional licensing in the field of cosmetology, except that the board may not restrict or otherwise regulate the practice of manicure or pedicure. Any limitation must be stated on the license.
 (d) A person holding a current valid license from a board of barbering, hairdressing, or cosmetology in another state is entitled to a license under this chapter without examination in this state. An application must include
 (1) proof of a valid license issued by another licensing jurisdiction;
 (2) proof of completed training, testing, and working experience that the board finds to meet the minimum requirements of the state; and
 (3) payment of a credential investigation fee.
 Sec. 08.13.110. - School license.
 The board shall adopt regulations for the licensing of schools of barbering, hairdressing, and cosmetology. The regulations must include details of the curriculum, minimum hours of instruction, physical condition of the facilities, and financial responsibility of the owner.
 Sec. 08.13.120. - Shop license.
 The board shall adopt regulations for the licensing of shops. A shop owner shall be licensed to operate a shop without examination, but unless the shop owner is a practitioner the shop owner may not conduct business without employing a manager who is a practitioner. This section does not apply to a shop located in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people.
 Sec. 08.13.130. - Display of license or permit.
 A practitioner shall display the practitioner's license in a conspicuous location in the practitioner's place of business. Each shop owner is responsible for the display of the licenses of employees. A person holding a student permit or temporary permit shall display the permit in a conspicuous location in the school in which the person is enrolled or the shop in which the apprentice works. The school or shop owner is responsible for the display of a permit for each enrolled student or apprentice.
 Sec. 08.13.140. - Lapsed license.
 A lapsed license may be reinstated if the license has not been lapsed for a period of more than three years, or otherwise at the discretion of the board, and all renewal and delinquent fees for the period during which the license has been lapsed are paid.
 Sec. 08.13.150. - Grounds for refusal, suspension, or revocation of a license or permit.
 The board may refuse, suspend, or revoke a license, student permit, or temporary permit for failure to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board.
 Sec. 08.13.160. - Application of license requirements.
 (a) A person holding a valid license to practice barbering under former AS 08.12 is licensed under this chapter and may continue to practice barbering under the conditions imposed by former AS 08.12 and the regulations adopted under former AS 08.12 until the license expires.
 (b) A person holding a valid license under former AS 08.28 may continue to practice under the conditions imposed under former AS 08.28 and the regulations adopted under former AS 08.28 until the license expires.
 (c) A person holding a valid license issued under former AS 08.12 or former AS 08.28 shall be entitled upon its expiration to a license to practice under this chapter in the field of practice for which the person was originally licensed, without meeting requirements for new licensure.
 (d) The licensing and permit provisions of this chapter do not apply to
 (1) a person practicing barbering, hairdressing, or cosmetology in a community having a population of less than 1,000 people that is not within 25 miles of a community of more than 1,000 people and who uses only chemicals available to the general public;
 (2) a shampoo person;
 (3) a licensed health care professional;
 (4) a person licensed by another licensing jurisdiction in a field of practice licensed by this chapter while demonstrating techniques or products to persons holding licenses or permits under this chapter.
 (e) The board shall adopt regulations to permit a person licensed under this chapter to practice outside a licensed shop or school for limited purposes including
 (1) care of clients confined to an institution or health care facility;
 (2) care of clients with limited mobility;
 (3) participation in charitable events; and
 (4) participation in workshops or demonstrations of techniques or products.
 Sec. 08.13.170. - Temporary permits.
 The department shall issue a temporary permit to an applicant for licensing who holds a license to practice as a barber, hairdresser, or cosmetologist in another state. The permit is valid until the board either issues a permanent license or rejects the application. The board shall act on an application within six months.
 Sec. 08.13.180. - Student permits.
 A person attending a licensed school of barbering, hairdressing, or cosmetology and a person apprenticed to a licensed instructor in a shop approved by the board shall obtain a student permit. A student permit to practice barbering or hairdressing is valid for two years. A student permit to practice cosmetology is valid for one year. A student permit may not be renewed, but, upon application, the board may issue a new permit to the same person or extend an expired permit to the date of the next scheduled examination. Credit earned under an expired student permit may be transferred to a new permit as determined by the board.
 Sec. 08.13.185. - Fees.
 (a) The Department of Commerce and Economic Development shall set fees under AS 08.01.065 for initial licenses and renewals for the following:
 (1) schools;
 (2) school owners;
 (3) instructor;
 (4) shop owner;
 (5) practitioner of barbering;
 (6) practitioner of hairdressing;
 (7) practitioner of cosmetology;
 (8) temporary permit;
 (9) student permit.
 (b) The department shall set fees under AS 08.01.065 for examination and investigation.
 Sec. 08.13.190. - Failure to possess a license or permit.
 A person who practices barbering, hairdressing, or cosmetology, or operates a shop, or operates a school of barbering, hairdressing, or cosmetology, or teaches in a school of barbering, hairdressing, or cosmetology, without a license, temporary permit, or student permit and who is not exempt under AS 08.13.120 or under AS 08.13.160 (d) is guilty of a class B misdemeanor.
 Sec. 08.13.200. - Deposit of receipts. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Sec. 08.13.210. - Health and sanitary conditions.
 Health and sanitary conditions in shops and schools of barbering, hairdressing, and cosmetology shall be supervised by the Department of Environmental Conservation.
 Sec. 08.13.220. - Definitions.
 In this chapter,
 (1) "apprentice" means a person who receives on-the-job training under direct supervision;
 (2) "barbering" means shaving, trimming, or cutting, styling, curling, permanent waving, bleaching, coloring, cleansing, or chemically straightening the beard or hair of a living person for a fee and for cosmetic purposes;
 (3) "board" means the Board of Barbers and Hairdressers;
 (4) "cosmetology" means the use of the hands, appliances, cosmetic preparations, antiseptics, or lotions in massaging, cleansing, stimulating, or similar work on the scalp, face or neck, including skin care, make-up, and temporary removal of superfluous hair, for cosmetic purposes for a fee;
 (5) "hairdressing" means performing, for a fee, the following services for cosmetic purposes:
 (A) shaving, trimming, or cutting the beard of a living person; and
 (B) arranging, styling, dressing, curling, temporary waving, permanent waving, cutting, singeing, bleaching, coloring, cleansing, conditioning, or similar work on the hair of a living person;
 (6) "instructor" means a person who teaches barbering, hairdressing, or cosmetology in a school or who supervises an apprentice;
 (7) "practitioner" means a person licensed to practice barbering, hairdressing, or cosmetology under this chapter;
 (8) "shampoo person" means a person who, for a fee and under the supervision of a practitioner of barbering or hairdressing, cleanses or conditions the hair of the human head with products that have no effect other than cleaning or conditioning the hair;
 (9) "shop" is an establishment operated for the purpose of engaging in barbering, hairdressing, or cosmetology.
 Chapter 08.16. - BASIC SCIENCES
 Chapter 08.18. - CONSTRUCTION CONTRACTORS
 Sec. 08.18.010. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.011. - Registration required.
 (a) A person may not submit a bid or work as a contractor until that person has been issued a certificate of registration by the department. A partnership or joint venture shall be considered registered if one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered.
 (b) A general contractor may not use a bid or proposal from, award a bid or proposal to, contract with, or allow a person required to be registered under this chapter to work for the general contractor as a specialty contractor unless the person is registered under this chapter.
 Sec. 08.18.013. - Categories of contractors.
 The department may adopt regulations establishing categories of contractors and the registration or endorsement requirements for persons in those categories.
 Sec. 08.18.020. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.021. - Application for registration.
 (a) An applicant for registration as a contractor shall submit an application under oath upon a form to be prescribed by the commissioner and which must include the following information pertaining to the applicant:
 (1) employer social security number;
 (2) type of contracting activity, whether a general or a specialty contractor and if the latter, the type of specialty;
 (3) the name and address of each partner if the applicant is a firm or partnership, or the name and address of the owner if the applicant is an individual proprietorship, or the name and address of the corporate officers and statutory agent, if any, if the applicant is a corporation.
 (b) The information contained in the application shall be a matter of public record and open to public inspection.
 Sec. 08.18.024. - Specialty contractors.
 The department may authorize the limited use of specific construction techniques or materials that are defined by the department as part of one specialty trade by a specialty contractor licensed in a different specialty trade if those construction techniques or materials are a small but inseparable part of what is required to complete that specialty contractor's work.
 Sec. 08.18.025. - Residential contractors.
 (a) A general contractor may not undertake the construction or alteration, or submit a bid to undertake the construction or alteration of a privately-owned residential structure of one to four units or advertise or publicly represent that the general contractor may undertake work of this type in the state without a residential contractor endorsement issued under this section. In this subsection, "alteration" means changes that have a value greater than 25 percent of the value of the structure being altered.
 (b) The department shall issue a residential contractor endorsement to a person who
 (1) has a certificate of registration as a general contractor;
 (2) passes a residential contractor examination, which shall be offered by the department at least once each year in each judicial district; the examination, which may be written or practical, may test competence in relation to arctic structural and thermal construction techniques and other matters as determined by the department in consultation with representatives of the construction industry;
 (3) applies for an endorsement within six months after passing the examination required under (2) of this subsection;
 (4) within the two years preceding the date of application for the endorsement, has satisfactorily completed either the Alaska craftsman home program sponsored by the Department of Community and Regional Affairs, or its equivalent, or a postsecondary course in arctic engineering, or its equivalent;
 (5) within the seven years preceding the date of application, has not been under a sentence for an offense related to forgery, theft in the first or second degree, extortion, or conspiracy to defraud creditors or for a felony involving dishonesty; and
 (6) pays the appropriate fees.
 (c) The department may not renew an endorsement issued under this section unless the applicant submits proof of continued competency relating to residential contracting that satisfies the department. A lapsed endorsement may be reinstated, within two years after the lapse, upon proof of continued competency, payment of a renewal fee for the intervening time period, and payment of any penalty fee established under AS 08.01.100 (b). If the endorsement has been lapsed for more than two years, the department may not reinstate it until the person also passes the residential contractor examination described in (b) of this section.
 Sec. 08.18.026. - Electrical contractors.
 (a) The department may not issue a certificate of registration as an electrical contractor to an applicant unless the applicant is, or employs, a person currently licensed as an electrical administrator under AS 08.40.
 (b) Each applicant for an electrical contractor's certificate of registration may employ more than one electrical administrator.
 (c) If the relationship of the only electrical administrator with a registered electrical contractor is terminated, the registration is void 30 days after the next regularly scheduled examination unless the electrical contractor has hired a licensed electrical administrator in the interim.
 Sec. 08.18.028. - Mechanical contractors.
 (a) The department may not issue a certificate of registration as a mechanical contractor to an applicant unless the applicant is, or employs, a person currently licensed as a mechanical administrator under AS 08.40.
 (b) Each applicant for a mechanical contractor's certificate of registration may employ more than one mechanical administrator.
 (c) If the relationship of the only mechanical administrator with a registered mechanical contractor is terminated, the registration is void 30 days after the next regularly scheduled mechanical administrator's examination unless the mechanical contractor has hired a licensed mechanical administrator in the interim.
 Sec. 08.18.030. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.031. - Certificate of registration.
 (a) A certificate of registration shall be renewed under the same requirements as for an original registration. The commissioner shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.
 (b) The commissioner may not issue a certificate of registration or renew the registration of an applicant whose registration has been revoked or suspended or against whom a fine has been imposed under this chapter until the period of revocation or suspension has expired and any fine has been paid.
 Sec. 08.18.040. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.041. - Fees.
 (a) The department shall set fees under AS 08.01.065 for
 (1) registration and renewal of registration for all categories of contractors;
 (2) examination, issuance of initial endorsement, and renewal of active or inactive endorsements for residential contractors; and
 (3) departmental publications and seminars related to this chapter.
 (b) A person who fails a residential contractor examination shall pay the examination fee set by the department if the person applies to retake an examination.
 Sec. 08.18.050. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.051. - Identification requirements.
 (a) Except as provided otherwise by law, a person who has registered under one name as required by this chapter may not act in the capacity of a contractor under any other name unless that name also is registered.
 (b) All advertising, contracts, correspondence, cards, signs, posters, papers, and documents prepared by a contractor for the contracting business must show the contractor's name, mailing address, and address of the contractor's principal place of business. Advertising and contracts must also include the contractor's registration number.
 (c) Individual contractors and partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses and the true name of the contractor firm at all times while acting in the capacity of a contractor or performing related activities.
 Sec. 08.18.060. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Sec. 08.18.061. - Requirements of political subdivision.
 A contractor who is registered with the state under this chapter may not be required to give bond in applying for or holding a license issued by a political subdivision.
 Sec. 08.18.070. - [Repealed, Sec. 1 ch 100 SLA 1968].
 Repealed or Renumbered
 Chapter 08.20. - CHIROPRACTORS
 Sec. 08.20.010. - Creation and membership of Board of Chiropractic Examiners.
 There is created the Board of Chiropractic Examiners consisting of five members appointed by the governor.
 Sec. 08.20.020. - Members of board.
 Four members of the board shall be licensed chiropractic physicians who have practiced chiropractic in this state not less than two years. One member of the board shall be a person with no direct financial interest in the health care industry. Each member serves without pay but is entitled to per diem and travel expenses allowed by law.
 Sec. 08.20.025. - Removal of board members.
 A member of the board may be removed from office by the governor for cause.
 Sec. 08.20.030. - Members' terms; vacancies. [Repealed, Sec. 19 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Sec. 08.20.030. Members' terms; vacancies. [Repealed, Sec. 19 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.20.040. - Organization of board.
 Every two years, the board shall elect from its membership a president, vice president and secretary.
 Sec. 08.20.050. - Power of officers to administer oaths and take testimony.
 The president and the secretary may administer oaths in conjunction with the business of the board.
 Sec. 08.20.055. - Board regulations.
 The board shall adopt substantive regulations necessary to effect the provisions of this chapter, including regulations establishing standards for
 (1) continuing education; and
 (2) the application, performance, and evaluation of chiropractic core methodology.
 Sec. 08.20.060. - Seal.
 The board shall adopt a seal and affix it to all licenses issued.
 Sec. 08.20.070. - 08.20.080 - Secretary; records; reports and accounts of board. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.20.090. - Quorum of board.
 A majority of the board constitutes a quorum for the transaction of business.
 Sec. 08.20.100. - Practice of chiropractic.
 (a) A person may not practice chiropractic or use chiropractic core methodology in the state without a license.
 (b) A person licensed under this chapter may
 (1) analyze, diagnose, or treat the chiropractic condition of a patient by chiropractic core methodology or by ancillary methodology;
 (2) accept referrals for chiropractic treatment;
 (3) consult on chiropractic matters;
 (4) refer patients to other health care professionals;
 (5) sign
 (A) within the scope of chiropractic practice, certificates of physical examinations for children before they enter school;
 (B) reports for excuses from employment and from attendance at school or participation in sports activities; and
 (C) authorizations for sick leave;
 (6) perform preemployment and workplace health examinations;
 (7) provide disability and physical impairment ratings; and
 (8) provide retirement health and disability authorizations and recommendations.
 (c) A person licensed under this chapter is not authorized to sign affidavits exempting school children from immunization requirements under AS 14.30.125 or to administer or interpret the results of infectious disease tests required by statute or regulation.
 Sec. 08.20.110. - Application for license.
 A person desiring to practice chiropractic shall apply in writing to the board.
 Sec. 08.20.115. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.20.120. - Qualifications for license.
 (a) An applicant shall be issued a license to practice chiropractic if the applicant
 (1) has a high school education or its equivalent;
 (2) has successfully completed at least two academic years of study in a college of liberal arts or sciences or has engaged in the active licensed practice of chiropractic for three of the four years preceding the filing of the application;
 (3) is a graduate of a school or college of chiropractic that
 (A) is accredited by or a candidate for accreditation by the Council on Chiropractic Education or a successor accrediting agency recognized by the board; or
 (B) if an accrediting agency under (A) of this paragraph does not exist, requires the completion of a minimum of 4,000 hours of formal education and training in order to graduate, including
 (i) 150 hours of chiropractic philosophy or principles;
 (ii) 1200 hours of basic sciences, including anatomy, chemistry, physiology, and pathology;
 (iii) 1400 hours of preclinical technique, including diagnosis, chiropractic technique, and x-rays; and
 (iv) 700 hours of clinical training;
 (4) completes 120 hours of formal training in physiological therapeutics;
 (5) passes an examination given by the board; and
 (6) passes, to the satisfaction of the board, the parts of the examination of the National Board of Chiropractic Examiners required by the board.
 (b) [Repealed Sec. 2 ch 93 SLA 1996].
 Sec. 08.20.130. - Examinations.
 (a) Examinations for a license to practice chiropractic may be held in the time and manner fixed by the board.
 (b) The examination may include practical demonstration and oral and written examination in those subjects usually taught in accredited chiropractic schools.
 (c) A general average rating of 75 per cent is a passing grade on the examination.
 (d) An applicant may take a reexamination within one year after failing the examination.
 Sec. 08.20.135. - Associate. [Repealed, Sec. 13 ch 162 SLA 1980].
 Repealed or Renumbered
 Sec. 08.20.140. - Licensure by credentials. [Repealed, Sec. 2 ch 93 SLA 1996].
 Repealed or Renumbered
 Sec. 08.20.150. - Recording of license. [Repealed, Sec. 7 ch 37 SLA 1986].
 Repealed or Renumbered
 Sec. 08.20.155. - Professional designation.
 Notwithstanding the provisions of AS 08.02.010 relating to specialist designations, a person licensed under this chapter may not designate a specialty unless the person has completed a postgraduate specialty program at an accredited school approved by the board and the person has passed a certification exam for the specialty approved by the board. All specialty designations must include the term "chiropractic."
 Sec. 08.20.160. - Temporary permits.
 Temporary permits may be issued to persons apparently qualified until the next regular meeting of the board.
 Sec. 08.20.170. - Grounds for suspension, revocation, or refusal to issue a license.
 (a) The board may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the board finds that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime which affects the licensee's ability to continue to practice competently and safely;
 (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision which does not conform to minimum professional standards established by regulation regardless of whether actual injury to the patient occurred;
 (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
 (7) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or a drug which impairs the licensee's ability to practice safely;
 (C) physical or mental disability;
 (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients; or
 (9) failed to satisfy continuing education requirements adopted by the board.
 (b) AS 44.62 (Administrative Procedure Act) applies to any action taken by the board for the suspension or revocation of a license.
 (c) A person whose license is suspended or revoked may within two years from date of suspension apply for reinstatement, and if the board is satisfied that the applicant should be reinstated, it shall order reinstatement.
 (d) The board shall adopt regulations that ensure that renewal of license is contingent on proof of continued competency by a practitioner.
 Sec. 08.20.175. - Disciplinary sanctions. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.075 ].
 Repealed or Renumbered
 Sec. 08.20.180. - Fees.
 (a) An applicant for an examination, reexamination, issuance of a temporary permit, or initial issuance or renewal of a license shall pay a fee established under AS 08.01.065 .
 (b) License renewal fees are due every four years.
 Sec. 08.20.185. - Peer review committee; confidentiality.
 (a) In addition to peer review authorized under AS 08.01.075 , the board may establish a peer review committee to review complaints concerning the reasonableness or appropriateness of care provided, fees charged, or costs for services rendered by a licensee to a patient. A review conducted by a peer review committee under this section may be utilized by the board in considering disciplinary action against a licensee but the results or recommendations of a peer review committee are not binding upon the board. A member of a peer review committee established under this section who in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation.
 (b) The board shall charge a complainant a fee, established under AS 08.01.065, for peer review under this section.
 (c) Patient records presented to a peer review committee for review under this section that were confidential before their presentation to the committee are confidential to the committee members and to the board members and are not subject to inspection or copying under AS 09.25.110 - 09.25.125. A committee member or board member to whom confidential records are presented under this subsection shall maintain the confidentiality of the records. A person who violates this subsection is guilty of a class B misdemeanor.
 Sec. 08.20.190. - Disposition of fees. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Chapter 08.24. - COLLECTION AGENCIES
 Sec. 08.24.010. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.011. - Collection Agency Board. [Repealed, Sec. 16 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.24.016. - Transportation and per diem. [Repealed, Sec. 1 ch 165 SLA 1970].
 Repealed or Renumbered
 Sec. 08.24.020. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.021. - Appointment and term of office. [Repealed, Sec. 16 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.24.030. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.031. - Regulations. [Repealed, Sec. 16 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.24.040. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.041. - Duty to enforce chapter.
 The department shall enforce all laws and regulations relating to collection agencies.
 Sec. 08.24.045. - Duty to pass upon qualifications.
 The commissioner or the commissioner's designee shall pass upon the qualifications of applicants for collection agency licenses and operators licenses.
 Sec. 08.24.050. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.051. - Power to seek injunctions.
 The department may apply to the superior court for an injunction to temporarily restrain a violation of this chapter or a regulation adopted under it, conduct investigations of alleged violations of this chapter and regulations adopted under this chapter, and perform other action necessary to accomplish the purposes of this chapter.
 Sec. 08.24.060. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.061. - Publication of applicable law.
 The department shall reproduce the laws relating to licensing of collection agencies and operators, the regulations adopted by the department and other pertinent matter, publish the material in pamphlet form, and make the pamphlets available to the public without expense.
 Sec. 08.24.070. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.071. - Directory of licensed agencies. [Repealed, Sec. 19 ch 6 SLA 1998].
 Repealed or Renumbered
 Sec. 08.24.080. - [Repealed, Sec. 3 ch 101 SLA 1968].
 Repealed or Renumbered
 Sec. 08.24.090. - License required.
 (a) A person other than a collection agency licensed and authorized under this chapter may not for compensation
 (1) conduct a collection agency business in this state;
 (2) collect claims for others in this state;
 (3) solicit the right to collect or receive payment of a claim for another;
 (4) advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment of a claim for another;
 (5) seek to make collection or obtain payment of a claim on behalf of another.
 (b) This chapter does not apply to the following when engaged in the regular course of their respective businesses:
 (1) attorneys at law;
 (2) persons regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor;
 (3) banks, including trust departments of banks, fiduciaries and financing and lending institutions;
 (4) common carriers;
 (5) title insurers and abstract companies while doing an escrow business;
 (6) licensed real estate brokers;
 (7) employees of licensees under this chapter;
 (8) substation payment offices employed by or serving as independent contractors for public utilities.
 (c) A violation of this section is a misdemeanor punishable by imprisonment in a jail for not to exceed one year, or by a fine of not more than $1,000, or by both.
 Sec. 08.24.100. - Licensed operator required, exceptions and fee.
 (a) Notwithstanding any other provision of this chapter, a licensee may not engage in the collection agency business unless and until the collection agency and each branch office of the agency is under the management and control of a licensed operator for each office. The department may waive this requirement for a period not to exceed 90 days upon the death or disability of an operator or for other good cause.
 (b) The operator's license is renewable on or before July 1 of each second year.
 Sec. 08.24.110. - Qualification for operator's license.
 Sec. 08.24.110. Qualification for operator's license.
 (a) To qualify for an operator's license, the applicant shall:
 (1) be a high school graduate, or have the equivalent education of a high school graduate;
 (2) be of good moral character;
 (3) not have been convicted of violating this chapter, nor have any unsettled complaints under this chapter against the applicant;
 (4) not have been convicted of a felony or a crime of larceny or embezzlement or a crime involving moral turpitude;
 (5) be 19 years of age or older at the time of application;
 (6) not be a disbarred attorney or have filed bankruptcy;
 (7) pay the biennial license fee.
 (b) The commissioner may waive or modify the requirements specified in (a)(1), (3), (4) and (6) of this section for good cause shown.
 Sec. 08.24.120. - Application for operator's license.
 Sec. 08.24.120. Application for operator's license.
 (a) An application for an operator's license shall be made on forms furnished by the department and must contain the information required in AS 08.24.110 and the following:
 (1) a complete set of fingerprints;
 (2) a 2" x 3" photograph showing a front view of head and shoulders;
 (3) if it is an original application, the application fee;
 (4) the biennial license fee.
 (b) The department may make a complete investigation of applicants including inquiry of police agencies as to the applicant's record of arrest or conviction of crime.
 Sec. 08.24.130. - Application for agency license.
 (a) An application for a collection agency license or for a renewal of a license shall be made upon forms furnished by the department and must contain the following information:
 (1) the full name and proposed business name of the applicant;
 (2) the address of the applicant's principal place of business and branch offices;
 (3) the names and addresses of the applicant and those associated with the applicant; if the applicant is a corporation or association, the application must contain the names of the officers of the corporation or association;
 (4) the names and residential addresses of the applicant's operators;
 (5) additional information that the department by regulation requires.
 (b) A natural person applying for a collection agency license must be 19 years of age or older at the time of making application.
 Sec. 08.24.135. - Fees.
 The department shall set fees for licenses and applications under AS 08.01.065 and shall set delayed renewal penalties under AS 08.01.100 .
 Sec. 08.24.140. - Fee, bond, and other material.
 (a) The application must be accompanied by
 (1) if it is an original application, the application fee;
 (2) the biennial license fee for a collection agency for the principal place of business and the same amount for each branch office;
 (3) a bond running to the state with a surety or sureties to the satisfaction of the department, and conditioned that the licensee shall, within 30 days after the close of each calendar or fiscal month, report and pay to the licensee's customers the net proceeds due and payable of all collections made during the calendar or fiscal month that exceed $20.
 (b) All money collected by an agency belonging to a client shall be deposited in a trust account and cleared at the end of each month. The department may audit any agency transaction.
 Sec. 08.24.150. - Bond.
 (a) The bond provided for in AS 08.24.140 shall be in the sum of $5,000, executed by the applicant, as principal, and by a corporation that is licensed or authorized to transact business of fidelity and surety insurance within the state as surety. The department may at any time request verification of a bonding agent's authority by the main office of any company acting as surety.
 (b) A licensee may, at any time, file with the department a new bond. A licensee may in lieu of a bond make a $5,000 cash deposit with the department, the deposit to be held by the department under the same terms and conditions as if bond in that amount were posted.
 (c) A surety may file with the department notice of the surety's withdrawal on the bond of a licensee. Upon filing a new bond, or upon the revocation of the collection agency license, or upon expiration of 60 days after the filing of notice of withdrawal as surety by the surety, the liability of the former surety for all future acts of the licensee is terminated.
 (d) The department shall immediately cancel the bond given by a surety company upon being advised its license to transact business of fidelity and surety insurance has been revoked by the state.
 (e) Upon the filing with the department of notice by a surety of the surety's withdrawal as the surety on the bond of a licensee or upon the cancellation by the department of the bond of a surety company as provided in this section, the department shall immediately give notice to the licensee of the withdrawal or cancellation. The notice shall be by registered or certified mail with request for a return receipt and addressed to the licensee at the licensee's main office, as shown by the records of the department. At the expiration of 30 days from the date of mailing the notice, the license of the licensee is terminated unless the licensee has filed a new bond with a surety satisfactory to the department. All bonds given under this chapter shall be filed and held in the office of the department.
 (f) The bond required by this section remains in effect until cancelled by action of the surety, the principal, or the department. An action may not be initiated upon the bond after two years from its cancellation.
 Sec. 08.24.160. - Form of bond.
 The bond required by AS 08.24.140 and 08.24.150 shall be in the form substantially as follows:
 BOND Know all Men by These Presents that we, . . . . . . . . . ., as
 principal, and . . . . . . . . . . . . as surety, are held and firmly
 bound to the State of Alaska, in the penal sum of $ . . . . . . . . .,
 lawful money of the United States, for the payment of which we bind
 ourselves, our heirs, executors, administrators, successors and assigns
 jointly and severally.
 The condition of this obligation is such that whereas, the bonded
 principal, named above, has applied to the Department of Commerce and
 Economic Development of the State of Alaska for a collection agency
 license under the provisions of AS 08.24 and is required by the
 provisions of that law to furnish a bond conditioned as herein set out.
 Now, therefore, if . . . . . . . . . . ., within 30 days after the
 close of each fiscal or calendar month, reports and pays to customers
 the net proceeds due and payable of all collections made during that
 calendar or fiscal month which exceed $20, and strictly, honestly and
 faithfully complies with the provisions of AS 08.24 and all amendments
 to it and regulations adopted under it, then this obligation is void,
 otherwise to remain in full force and effect.
 This bond becomes effective on the . . . . . day of . . . . . . ., 19.
 . . . The surety may be relieved of future liability under it by
 giving 60 days' written notice to the principal and to the Department
 of Commerce and Economic Development of the State of Alaska.
 This bond is one continuing obligation and the liability of the surety
 for the aggregate of all claims which may arise under it may in no
 event exceed the amount of the penalty set out in it.
 IN WITNESS WHEREOF we have hereunto set our hands and seals at . . . .
 . . . . ., Alaska, this . . . . day of . . . . . . . ., 19. . .
 (SEAL) . . . . . Principal
 (SEAL) . . . . . . . . Surety
 Sec. 08.24.170. - Return of fees and bond.
 If the department does not issue the license applied for, the license fee and bond shall be returned. The application fee may not be returned.
 Sec. 08.24.180. - Persons presently engaged in collection business. [Repealed, Sec. 62 ch 21 SLA 1991].
 Repealed or Renumbered
 Sec. 08.24.190. - License not assignable; death of licensee.
 (a) Except as provided in (b) of this section, a license granted under this chapter is a personal privilege and is not assignable.
 (b) Upon the death of a collection agency licensee, the department has the right to transfer the license of the decedent to the executor or administrator of the decedent's estate for the period of the unexpired term of the license and the court having jurisdiction of the probate of the estate of the decedent may authorize the executor or administrator to continue the collection agency business of the decedent and upon other terms and conditions as the court may prescribe.
 (c) The death of the operator of a corporate licensee shall in no way interfere with the continuation of the licensed business if another licensed operator is placed in management control of the corporate licensee.
 Sec. 08.24.200. - Expiration and renewal.
 (a) All licenses required by this chapter shall expire on June 30, 1970, and June 30 of each second year thereafter and shall be renewed as of July 1 following upon payment of required biennial fees.
 (b) If a licensee under this chapter is delinquent for a period of 15 days in applying for the renewal of a license, the department shall suspend the license and notify the licensee by certified mail or by personal service. The notice must state that the license will be revoked if application for renewal is not made within 15 days after the date on which the notice was mailed or personally served. When a licensee has been delinquent more than 60 days in renewing a license or certificate, the department shall charge an additional penalty established under AS 08.01.100 (b) before renewal of the license.
 Sec. 08.24.210. - Annual statement of collection.
 Each collection agency licensee shall, not later than January 31 of each calendar year, file with the department a verified annual statement for the preceding calendar year, showing the respective amounts of all customers' money collected by the licensee during the preceding calendar year, that has not previously been remitted to the customers entitled to it or properly accounted for, and showing also the amounts of money that the licensee has on deposit in a bank or in the licensee's possession for the purpose of liquidating any and all amounts due to customers. The statement must contain the name and address of the bank. The annual statement shall be made substantially in the following form:
 ANNUAL STATEMENT TO DEPARTMENT OF COMMERCE AND ECONOMIC
 DEVELOPMENT Pursuant to AS 08.24.210 the undersigned, ............, licensed under
 AS 08.24 to conduct a collection agency business, hereby declares that
 the amount of money collected during the preceding calendar year by the
 undersigned, as a licensee under AS 08.24, which has not been remitted
 to a customer or properly accounted for is $ ........; and that the
 amount on deposit with all banks for the purpose of liquidating all
 amounts to customers is $ .........
 The attached schedule contains a true statement of the name and address
 of each customer of the undersigned to whom there was due or owing at
 the end of the preceding calendar year on account of collections made
 during the preceding calendar year the aggregate sum of $20 or more.
 IN WITNESS WHEREOF, the undersigned has executed this statement on
 this ..... day of ........., 19 ....
 (name of licensee) .....................
 (signature) ............................
 (capacity) .............................
 VERIFICATION STATE OF ALASKA ss
 THIRD DISTRICT
 I, the undersigned, being first sworn, do on oath depose and say: That
 I executed the within annual statement as the licensee named in it or
 on behalf of the licensee named in it, as the operator, director, or
 officer of the licensee named in it, as indicated in it; that I have
 read the statement and know its contents; and that the statement is
 true.
 ...............
 Subscribed and sworn to before me this ................ day of
 .........., 19 .........
 Notary Public in and for Alaska
 My commission expires:
 Sec. 08.24.220. - Semiannual statement of employees. [Repealed, Sec. 19 ch 6 SLA 1998].
 Repealed or Renumbered
 Sec. 08.24.230. - False declarations in statement.
 The wilful making of a false declaration in the annual statement or biennial statement of employees constitutes sufficient grounds for revocation of the license of the licensee.
 Sec. 08.24.240. - Failure to file statement.
 If the annual statement of collection is not filed as required under AS 08.24.210, the failure to file constitutes grounds for the immediate suspension of the collection agency license of the licensee failing to file the statement, and the department shall notify the licensee by registered or certified mail that the license of the licensee will be suspended upon the expiration of 15 days after the date on which the notice was mailed unless the licensee complies with the provisions of AS 08.24.210 . However, for good cause shown and upon satisfactory proof furnished by the licensee that the failure to file the statement was due to a condition not within the control, or was due to excusable neglect, of the licensee, the department may permit the filing of the statement after the time limited and excuse the failure to file the statement within the time limited. If the statement required by AS 08.24.210 is not filed as required by this section, the department shall revoke the license.
 Sec. 08.24.250. - Information confidential.
 Except as otherwise provided in this chapter, information in whatever form required to be filed by the terms of AS 08.24.210 shall be confidential and may not become a public record, but it may be introduced in evidence in a suit, action, or proceeding in a court or in a proceeding involving the granting or revocation of the license of a licensee.
 Sec. 08.24.260. - Investigations.
 The department may upon its own motion, and shall, upon the sworn complaint in writing of a customer of a collection agency, investigate the actions of a licensee claimed to have violated this chapter and for that purpose shall have free access to the offices and place of business and, if the complaint involves customer accounts, to all pertinent books, accounts, records, papers, files, safes, and vaults of the licensee or certificate holder. If the complaint involves the owing of money, or any other thing of value, by a licensee to the complainant, when the licensee raises the issue of an offset or counterclaim, the division may require the complainant to submit all records and data in the complainant's possession pertaining to the offset or counterclaim.
 Sec. 08.24.270. - Administrative Procedure Act.
 The department shall comply with AS 44.62 (Administrative Procedure Act) both as to adoption of regulations and adjudication.
 Sec. 08.24.280. - Records and funds.
 (a) A collection agency shall keep a record of all sums collected by it, and of all disbursements made by it, and shall maintain and keep all the records and all customers' funds in a trust account with a recognized financial institution in this state. Collection agencies shall maintain accounting records of collections for and payments to customers for a period of six years from the date of the last entry. Collection agencies shall keep other records for a period of two years from the date of the last entry.
 (b) Every collection agency shall maintain a permanent numerical receipt record that indicates as to each payment made by a debtor the following information:
 (1) the name of the debtor making payment;
 (2) the amount paid;
 (3) the name of the creditor to whom funds are being applied;
 (4) the date and form of payment;
 (5) the balance remaining due on account.
 (c) An agency using a computer system giving read-out debtor payment information is not required to maintain a numerical receipt record; however, if requested, a receipt shall be furnished to debtor.
 (d) The receipt shall be made immediately upon the receipt of funds by the collection agency in payment of a debt; the original copy to be made immediately available to the debtor who has made payment, upon request; and a copy to be made immediately available to the creditor for whom payment was received, upon request; and a copy to be maintained in the permanent receipt record.
 (e) A collection agency shall maintain daily cash ledger sheets showing all funds received from debtors and all funds received as fees for services, such as credit reports and the like.
 (f) A collection agency or employee of a collection agency may not intentionally make a false entry in the collection agency record or intentionally mutilate, destroy, or otherwise dispose of a record within the time limits provided in this section. The records shall at all reasonable times be open for inspection by the department.
 (g) A collection agency shall maintain a separate trust account exclusively for customers' funds and shall keep the funds in the trust account until disbursed to the customer.
 Sec. 08.24.290. - Suspension, revocation, or refusal to renew or grant a license or certificate.
 The department may suspend, revoke, or refuse to renew or grant a license issued or applied for under this chapter if the licensee or applicant or a partner, associate, or major stockholder of a collection agency has since the date of the application been disbarred from the practice of law or been convicted of fraud, embezzlement, obtaining money under false pretenses, a crime involving moral turpitude, extortion, conspiracy to defraud, violation of a provision of this chapter, or violation of a regulation adopted under authority of this chapter.
 Sec. 08.24.300. - Court action by agency.
 A collection agency is not entitled to maintain a suit or action involving the collection of money on behalf of its customers in a court of this state without alleging and proving that it is licensed and has procured a bond, as provided in this chapter. A copy of the collection agency license, certified by the department to be a true and correct copy is prima facie evidence of the licensing and bonding of the collection agency for the term expressed in the copy of the license.
 Sec. 08.24.310. - Additional business names.
 A collection agency using a business name other than the one appearing on the application for its license shall secure a separate license and bond as provided in this chapter for each business name used.
 Sec. 08.24.320. - Documents which imitate judicial process.
 Forms of demand or notice or other documents drawn to resemble court process may not be used by collection agencies in the collection of bills, accounts, or other indebtedness.
 Sec. 08.24.330. - Duty to maintain a public office.
 Each collection agency shall maintain its principal office and any branch office at a street address that is stated in its original application for license or another address that the agency may designate to the department; the office shall be maintained in such a manner as to be open for contact by the public or debtors during normal working hours.
 Sec. 08.24.340. - Statement of persons employed by agency.
 (a) Within 15 days after licensure under this chapter, a collection agency shall submit to the department a list of all persons employed by the agency. Thereafter, upon hiring a new employee, the collection agency shall, within 15 days after the hiring, submit to the department the name of the newly hired employee and the further information required by (b) of this section.
 (b) There shall be submitted with the name of the employee employed by the collection agency the following information:
 (1) the employee's residence address;
 (2) the employee's length of residence in the state;
 (3) a statement of the new employee's previous employment in the last year;
 (4) further information which the department may require.
 (c) The statement shall be verified by the employee before a notary public or other person authorized to administer oaths.
 (d) The owner or licensed operator of the collection agency shall also state upon the form submitted the date upon which the new employee was hired and that the new employee is an employee of the collection agency at the time the form is executed.
 Sec. 08.24.350. - Notice of withdrawal of employees.
 When an employee withdraws from employment or the employee's employment with a collection agency is terminated for any reason, the agency shall, within 15 days of withdrawal or termination of employment, notify the department in writing of the employee's withdrawal from employment.
 Sec. 08.24.360. - Fines and penalties.
 A collection agency or an operator who fails on written demand to render a true and complete account to the person from whom an indebtedness was taken for collection or who fails to turn over to that person the proceeds of the collection within 30 days after written demand, or who fails to comply with any of the provisions of this chapter is punishable by a fine of not more than $500, or by imprisonment for not more than three months, or by both.
 Sec. 08.24.370. - Nonresidents.
 A nonresident may apply for and receive a collection agency license or an operator license or both on the same basis as a resident. The application fee and the biennial license fee for a nonresident operator or nonresident agency license are double the same fees established by regulations under AS 08.01.065 for a resident operator or agency.
 Sec. 08.24.380. - Definitions.
 In this chapter,
 (1) "collection agency" means a person licensed and authorized to engage in the collection agency business;
 (2) "collection agency business" means the business of engaging directly or indirectly and having as a primary or secondary object, business or pursuit the solicitation of claims for collection or repossession of collateral security or the collection of claims owed or due or asserted to be owed or due to another or the repossession of collateral security;
 (A) a house, agency, firm, person, corporation or voluntary association using a name other than its own in collecting its own claims with the intention of conveying, or which tends to convey, the impression that a third party has been employed, is conducting a collection agency business within the meaning of this chapter;
 (B) a person who sells, attempts to sell, gives away or attempts to give away to another person, other than a licensee under this chapter a system of collection letters, demand forms or other printed matter where the name of a person other than a creditor appears in a manner to indicate that a request or demand is being made by another person, other than the creditor, for the payment of a sum due, or asserted to be due, or who solicits or accepts accounts for collection on a contingent or percentage basis or by a fee or outright purchase for collection purposes, is considered to be in the collection agency business within the meaning of this chapter;
 (3) "department" means the Department of Commerce and Economic Development;
 (4) "operator" means a person having managerial control of a collection agency.
 Chapter 08.28. - COSMETOLOGISTS AND HAIRDRESSERS
 Chapter 08.29. - LICENSED PROFESSIONAL COUNSELORS
 Sec. 08.29.010. - Board creation; membership.
 (a) There is established the Board of Professional Counselors consisting of five members appointed by the governor, one of whom is a public member and four of whom are licensed professional counselors.
 (b) In addition to the requirements for public members under AS 08.01.025, the public member of the board may not
 (1) ever have been a licensed professional counselor or employed in a commercial or professional field related to counseling; or
 (2) live in a household with a person who is or has been, or have an immediate family member who is or has been, a licensed professional counselor or employed in a commercial or professional field related to professional counseling; in this paragraph, "immediate family member" means a parent, sibling, or child related by blood, marriage, or adoption.
 (c) Of the four counselor members of the board, at least one shall be employed in the private sector and at least one shall be employed in the public sector.
 Sec. 08.29.020. - Duties of the board.
 (a) In addition to the duties specified in AS 08.01, the board shall
 (1) license professional counselors, establish criteria for supervisor certification, and certify approved counselor supervisors under this chapter; the board may provide for licensure in areas of counseling specialization;
 (2) establish continuing education requirements for the renewal of a license under this chapter;
 (3) adopt, by regulation, a code of ethics that must be observed by persons licensed under this chapter;
 (4) establish education and training requirements that must be met before a professional counselor can administer and use assessment instruments described in AS 08.29.490 (1)(C).
 (b) The board may delegate to the Department of Commerce and Economic Development, and the department may perform, a duty for which the board has authority.
 Sec. 08.29.100. - Unlicensed use of title prohibited.
 (a) A person who is not licensed under this chapter may not
 (1) profess to be a licensed professional counselor or a licensed counselor; or
 (2) make use of a title, words, letters, or abbreviations that may reasonably be confused with the title of "licensed professional counselor" or "licensed counselor."
 (b) Violation of this section is a class B misdemeanor, except that a third or subsequent conviction for violating this section is a class C felony.
 Sec. 08.29.110. - Qualifications for licensure.
 (a) The board shall issue a professional counselor license to a person who applies for the license, submits the required fee, submits two letters of recommendation from professional counselors who are familiar with the applicant's practice of professional counseling, and presents evidence satisfactory to the board that the person
 (1) is at least 18 years of age;
 (2) is not under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter;
 (3) has passed a written examination as required by the board; the board may provide that passing a nationally recognized examination for professional counselors is sufficient to meet the examination requirement of this paragraph;
 (4) has successfully completed either
 (A) an earned doctoral degree in counseling or a related professional field from a regionally accredited institution of higher education approved by the board; or
 (B) an earned master's degree in counseling or a related professional field consisting of at least 48 semester hours and at least 12 other graduate semester hours in counseling during or after earning the master's degree, for a total of at least 60 hours; and
 (5) has at least 3,000 hours of supervised experience in the practice of professional counseling performed over a period of at least two years under the supervision of a supervisor approved under AS 08.29.210, with at least 1,000 hours of direct counseling with individuals, couples, families, or groups and at least 100 hours of face-to-face supervision by a supervisor approved under AS 08.29.210 unless, under regulations of the board, the board allows the supervision to be by telephonic or electronic means because of the remote location of the counselor.
 (b) The board may, in its regulations, specify the areas of study that must be covered in order to meet the educational requirements of (a) of this section.
 Sec. 08.29.120. - Licensure by credential.
 (a) Except as provided in (b) of this section, the board may issue a license under this chapter to a person who is licensed in another jurisdiction to practice professional counseling if the board finds that the other jurisdiction has substantially the same or higher licensure requirements as this state.
 (b) The board may not license under this section a person who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete and disciplinary sanctions, if any, are imposed and the person has complied with the sanctions.
 Sec. 08.29.130. - Licensure of foreign-educated applicants.
 The board may issue a license under this chapter to a person who
 (1) has completed a doctorate or master's degree educational program in counseling or a related professional field in a foreign college or university approved by the board;
 (2) meets the requirements of AS 08.29.110 except for AS 08.29.110(a)(4); and
 (3) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution in the United States.
 Sec. 08.29.140. - License renewal.
 Renewal of a license under this chapter may not be granted unless the licensee, within the 24 months immediately preceding the renewal date, has completed the continuing education requirements established by the board.
 Sec. 08.29.200. - Confidentiality of communications.
 (a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
 (1) a communication to a potential victim, the family of a potential victim, law enforcement authorities, or other appropriate authorities concerning a clear and immediate probability of physical harm to the client, other individuals, or society;
 (2) a case conference or case consultation with other mental health professionals at which the patient is not identified;
 (3) the release of information that the client in writing authorized the licensee to reveal;
 (4) information released to the board during the investigation of a complaint or as part of a disciplinary or other proceeding; or
 (5) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information.
 (b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
 (1) child abuse or neglect as required by AS 47.17;
 (2) harm or assaults suffered by an elderly person or disabled adult as required by AS 47.24.
 (c) Information obtained by the board under (a)(4) of this section is confidential and is not a public record for purposes of AS 09.25.110 - 09.25.140.
 Sec. 08.29.210. - Supervisor certification.
 (a) The board shall approve and certify a person as an approved counselor supervisor for the purposes of this chapter if the person
 (1) is licensed under this chapter as a professional counselor or is a licensed clinical social worker, licensed marital and family therapist, licensed psychologist, or licensed psychological associate;
 (2) submits an application for certification and the appropriate fee;
 (3) has five years of counseling experience;
 (4) provides to the board for its approval or disapproval a statement that details the person's supervision philosophy, orientation, and experience; and
 (5) meets other criteria that may be established by the board in regulations.
 (b) Certification under (a) of this section remains in effect, without the need for renewal of the certification, until the person's licensure as a professional counselor is revoked, suspended, or otherwise lapses.
 Sec. 08.29.220. - Disclosure statement.
 A client may not be charged a fee for professional counseling services unless, before the performance of the services, the client was furnished a copy of a professional disclosure statement that contained
 (1) the name, title, business address, and business telephone number of the professional counselor;
 (2) a description of the formal professional education of the professional counselor, including the institutions attended and the degrees received from them;
 (3) the professional counselor's areas of specialization and the services available;
 (4) the professional counselor's fee schedule listed by type of service or hourly rate;
 (5) at the bottom of the first page of the statement, the following sentence: "This information is required by the Board of Professional Counselors which regulates all licensed professional counselors," followed by the name, address, and telephone number of the board's office.
 Sec. 08.29.230. - Limitation of practice.
 Notwithstanding that a specific act is within the definition of the "practice of professional counseling," a person licensed under this chapter may not perform the act if the person lacks appropriate education or training related to the act.
 Sec. 08.29.400. - Grounds for denial of license or for disciplinary sanctions.
 The board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter or deny a license to a person when the board finds that the person
 (1) has an addiction to, or severe dependency on, alcohol or other drugs that impairs the person's ability to engage safely in the practice of professional counseling;
 (2) has been convicted of a felony and has not been sufficiently rehabilitated to merit the public trust;
 (3) used fraud, deception, misrepresentation, or bribery in securing a license under this chapter or in obtaining permission to take an examination required under this chapter;
 (4) is incompetent or has committed misconduct, fraud, misrepresentation, or dishonesty in the performance of the functions of a licensed professional counselor;
 (5) violated, or assisted another individual to violate, a provision of this chapter or a regulation adopted under this chapter;
 (6) impersonated a person who holds a license under this chapter;
 (7) has had a license to practice counseling revoked or suspended in another jurisdiction upon grounds for which the license issued under this chapter could be revoked or suspended; this paragraph does not apply to revocations or suspensions for failure to pay a renewal fee in another jurisdiction;
 (8) assisted another person who is not licensed under this chapter in an attempt to represent the person to the public as a licensed professional counselor;
 (9) was issued a license based on a material mistake of fact;
 (10) used an advertisement or solicitation that is false, misleading, or deceptive to the general public or the person to whom the advertisement was primarily directed; or
 (11) failed to respond within 30 days to a written communication from the board concerning an investigation by the board or failed to make available to the board a relevant record with respect to an investigation about the licensee's conduct or background.
 Sec. 08.29.490. - Definitions.
 In this chapter,
 (1) "practice of professional counseling" means, subject to (C) of this paragraph, the application of principles, methods, or procedures of the counseling profession to diagnose or treat, other than through the use of projective testing or individually administered intelligence tests, mental and emotional disorders that are referenced in the standard diagnostic nomenclature for individual, group, and organizational therapy, whether cognitive, affective, or behavioral, within the context of human relationships and systems; if otherwise within the scope of this paragraph, "practice of professional counseling" includes
 (A) the professional application of evaluation techniques, treatments, and therapeutic services to individuals and groups for the purpose of treating the emotional and mental disorders;
 (B) an applied understanding of the dynamics of the individual and of group interactions, along with the application of therapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships; and
 (C) consistent with regulations adopted by the board under AS 08.29.020(a)(4), administration and use of appropriate assessment instruments that measure or diagnose problems or dysfunctions within the course of human growth and development as part of a counseling process or in the development of a treatment plan;
 (2) "supervision" means supervision in which the supervisor is available to provide clinical oversight to the supervisee either in person or by a communication device.
 Chapter 08.32. - DENTAL HYGIENISTS
 Sec. 08.32.010. - License required.
 Except as provided in AS 08.32.095 , a person may not practice, offer or attempt to practice, or advertise or announce as being prepared or qualified to practice dental hygiene without a license and a current certificate of registration.
 Sec. 08.32.015. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.32.020. - Examination required.
 (a) An applicant for examination shall submit information that the person is
 (1) at least 18 years of age;
 (2) a graduate of an accredited high school;
 (3) a graduate or on the date of examination will be a graduate of a dental hygiene school that requires at least a two-year course and is accredited by the Commission on Accreditation of Dental and Dental Auxiliary Education Programs of the American Dental Association; and
 (4) an examinee who has successfully completed the written theory examination of the American Dental Association Joint Commission on National Dental Examinations or an equivalent written examination given by the board, thereby demonstrating satisfactory theoretical knowledge of dental and basic biomedical sciences.
 (b) An applicant for examination shall apply in writing to the secretary of the board at least 30 days before the date selected by the board for the examination.
 Sec. 08.32.030. - Licensure by credentials.
 The board may provide for the licensing without examination of a dental hygienist who
 (1) meets the criteria of AS 08.32.020 (a);
 (2) has successfully passed a state or regional dental hygiene clinical examination which the board has determined is at least equivalent in scope, quality, and difficulty to the Alaska clinical examination;
 (3) has been in active clinical dental hygiene practice averaging no less than 14 hours per week for each of the two years immediately preceding application for state licensure;
 (4) has not failed the clinical dental hygiene examination of this state;
 (5) has not previously had a license to practice dental hygiene issued by any state or region revoked;
 (6) is personally interviewed by a board member;
 (7) pays the fees required under AS 08.32.097 ; and
 (8) is not the subject of an unresolved complaint, review procedure, or disciplinary proceeding undertaken by a dental or dental hygiene licensing jurisdiction.
 Sec. 08.32.035. - Temporary license.
 (a) The board may issue without examination a temporary license to an applicant for examination who is licensed to practice dental hygiene in another state and who meets the criteria of AS 08.32.030 but who has been in active clinical practice for less than two years immediately preceding application. A temporary license expires at the time notice is given of the results of the next scheduled examination and may not be reissued.
 (b) A person practicing dental hygiene under (a) of this section is subject to all other provisions of this chapter and laws and regulations that apply to the practice of dental hygiene in this state.
 (c) Time in active clinical dental hygiene practice under a temporary license may not be credited toward licensure by credentials under AS 08.32.030.
 Sec. 08.32.040. - Application and fee.
 An application for examination or determination of qualification for licensing under AS 08.32.030 or 08.32.035 shall be signed by the applicant and accompanied by the applicant's certificate of graduation from an accredited dental hygiene school and the required fees.
 Sec. 08.32.050. - Disposition of fees. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Sec. 08.32.060. - Frequency and content of examination.
 (a) The examination shall be held at times and places determined by the board. The examination shall be designed to test the qualifications of the applicant to practice dental hygiene and must consist of a written and a clinical examination.
 (b) The subjects of the written examination must include dental radiology, the state's laws on the practice of dental hygiene, and other subjects selected in accordance with the trends of dental hygiene education and professional and technical advances.
 (c) The clinical examination shall test the applicant's skill in clinical procedures considered essential by the board for the practice of dental hygiene including the removal of calcareous deposits, accretions, and stains from the exposed surfaces of the teeth beginning at the epithelial attachment by scaling and polishing techniques.
 (d) The board may require an applicant to pass a laboratory examination as a prerequisite to admission to the clinical examination if the board has reason to believe the applicant cannot practice safely on a clinical patient.
 Sec. 08.32.070. - Registration and licensing of dental hygienists.
 The board shall register each successful applicant and issue the applicant a license upon payment of all required fees.
 Sec. 08.32.071. - Renewal of registration.
 At least 60 days before expiration of a licensee's registration certificate, the division of occupational licensing shall mail a form for renewal of registration to each licensed dental hygienist. Each licensee who wishes to renew a registration certificate shall complete the form and return it with the appropriate fee and evidence of continued professional competence as required by the board. The division of occupational licensing shall, as soon as practicable, issue a registration certificate valid for a stated number of years. Each licensee shall keep the registration certificate beside or attached to the licensee's license. Failure to receive the registration form does not exempt a licensee from renewing registration.
 Sec. 08.32.080. - Lapse and reinstatement of license. [Repealed, Sec. 7 ch 94 SLA 1968].
 Repealed or Renumbered
 Sec. 08.32.081. - Lapse and reinstatement of license.
 A licensed dental hygienist who does not pay the renewal registration fee forfeits the hygienist's license. The board may reinstate the license without examination within two years of the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100 (b).
 Sec. 08.32.090. - Temporary license. [Repealed, Sec. 15 ch 59 SLA 1978].
 Repealed or Renumbered
 Sec. 08.32.095. - Exemption from license requirement.
 (a) A person enrolled as a full-time student in an accredited school of dental hygiene may perform dental hygiene procedures as part of a course of study without a license if
 (1) the procedures are performed under the direct supervision of a member of the faculty who is licensed under AS 08.36, or under the direct supervision of a team of licensed faculty dentists, at least one of whom is licensed under AS 08.36; and
 (2) the clinical program has received written approval from the board.
 (b) A person practicing dental hygiene under (a) of this section is subject to all other provisions of this chapter and laws and regulations that apply to the practice of dental hygiene by a licensed dental hygienist.
 Sec. 08.32.097. - Fees.
 The Department of Commerce and Economic Development shall, by regulations adopted under AS 08.01.065 , establish fees for dental hygienists for the following:
 (1) filing an examination and licensing application;
 (2) examination fee;
 (3) credential fee;
 (4) initial license;
 (5) registration fee;
 (6) filing a reexamination application;
 (7) duplicate license;
 (8) delinquent registration.
 Sec. 08.32.100. - Employment of dental hygienists.
 A licensed dentist, incorporated eleemosynary dental dispensary or infirmary, private school or welfare center, the United States of America or the state may employ a licensed dental hygienist.
 Sec. 08.32.110. - Scope of work of dental hygienists.
 (a) The role of the dental hygienist is to assist members of the dental profession in providing oral health care to the public. A person licensed to practice the profession of dental hygiene in the state may
 (1) remove calcareous deposits, accretions, and stains from the exposed surfaces of the teeth beginning at the epithelial attachment by scaling and polishing techniques;
 (2) apply topical preventive or prophylactic agents;
 (3) apply pit and fissure sealants;
 (4) perform root planing and periodontal soft tissue curettage;
 (5) perform other dental operations and services delegated by a licensed dentist if the dental operations and services are not prohibited by (c) of this section; and
 (6) if certified by the board and under the direct or indirect supervision of a licensed dentist, administer local anesthetic agents.
 (b) The board shall specify by regulation those additional functions that may be performed by a licensed dental hygienist only upon successful completion of a formal course of instruction approved by the board. The board shall adopt regulations specifying the education requirements, evaluation procedures, and degree of supervision required for each function.
 (c) This section does not authorize delegation of
 (1) diagnosing, treatment planning, and writing prescriptions for drugs; writing authorizations for restorative, prosthetic, or orthodontic appliances;
 (2) operative or surgical procedures on hard or soft tissues except as allowed in (a)(4) of this section; or
 (3) other procedures that require the professional competence and skill of a dentist.
 (d) This section does not prohibit a dental assistant from applying topical preventive or prophylactic agents or pit and fissure sealants when those duties have been delegated to the assistant by a dentist licensed under AS 08.36 or by a dentist exempt from licensure under AS 08.36.350(a)(2).
 Sec. 08.32.120. - Place of employment.
 A dental hygienist may practice in the office of a licensed dentist, or legally incorporated eleemosynary dental dispensary or infirmary, private school, welfare center, state or federal institution, village health facility, or in another place designated by the board.
 Sec. 08.32.130. - Information required.
 Every dental hygienist practicing dental hygiene in the state shall furnish the board with the name and address of the dentist under whose supervision the dental hygienist is practicing.
 Sec. 08.32.140. - Supervision required.
 A dental hygienist may not practice except under the general supervision of a licensed dentist or, if required by regulations adopted under AS 08.32.110 (b), the direct or indirect supervision of a licensed dentist.
 Sec. 08.32.150. - Revocation of dentist's license. [Repealed, Sec. 32 ch 49 SLA 1980. For current law, see AS 08.36.315 (9)].
 Sec. 08.32.150. Revocation of dentist's license. [Repealed, Sec. 32 ch 49 SLA 1980. For current law, see AS 08.36.315 (9)].
 Repealed or Renumbered
 Sec. 08.32.160. - Grounds for discipline, suspension, or revocation of license.
 The board may revoke or suspend the license of a dental hygienist, or may reprimand, censure, or discipline a licensee, if, after a hearing, the board finds that the licensee
 (1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license or registration;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;
 (5) failed to comply with this chapter, with a regulation adopted under this chapter or under AS 08.36, or with an order of the board;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or dependence on alcohol or other drugs that impairs the licensee's ability to practice safely;
 (C) physical or mental disability;
 (D) failure to keep informed of or use current professional theories and practices;
 (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
 (8) performed clinical procedures for compensation without being under the supervision of a licensed dentist.
 Sec. 08.32.165. - Limits or conditions on license; discipline.
 (a) In addition to action under AS 08.32.160 , upon a finding that by reason of demonstrated problems of competence, experience, education or health the authority to practice dental hygiene should be limited or conditioned or the practitioner disciplined, the board may reprimand, censure, place on probation, restrict practice by specialty, procedure or facility, require additional education or training, or revoke or suspend a license.
 (b) [Repealed by Sec. 15 ch 59 SLA 1978].
 Sec. 08.32.170. - Procedure followed. [Repealed, Sec. 15 ch 59 SLA 1978].
 Repealed or Renumbered
 Sec. 08.32.171. - Disciplinary sanctions.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 (c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1). A person whose license is suspended under this section is entitled to a hearing by the board within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
 (d) [Repealed, Sec. 49 ch 94 SLA 1987].
 (e) [Repealed, Sec. 49 ch 94 SLA 1987].
 Sec. 08.32.180. - Penalty for violations.
 A person who violates a provision of this chapter or a regulation adopted under this chapter for which a penalty is not otherwise provided is guilty of a class B misdemeanor.
 Sec. 08.32.185. - Application of Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to any action taken by the board under this chapter.
 Sec. 08.32.187. - Application of chapter.
 (a) This chapter applies to a person who practices, or offers or attempts to practice, as a dental hygienist in the state except
 (1) a dental hygienist in the military service in the discharge of official duties;
 (2) a dental hygienist in the employ of the United States Public Health Service, United States Veterans' Administration, Alaska Native Service, or another agency of the federal government, in the discharge of official duties;
 (3) a dental hygienist licensed in another state who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution.
 (b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.
 Sec. 08.32.190. - Definitions.
 In this chapter,
 (1) "board" means the Board of Dental Examiners;
 (2) "dental hygienist" means a person who is licensed by the board to perform those educational, preventive, and therapeutic services and procedures that licensed dental hygienists are educated to perform;
 (3) "direct supervision" means the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and before dismissal of the patient evaluates the performance of the dental hygienist;
 (4) "general supervision" means the dentist has authorized the procedures and they are being carried out in accordance with the dentist's diagnosis and treatment plan;
 (5) "indirect supervision" means a licensed dentist is in the dental facility, authorizes the procedures, and remains in the dental facility while the procedures are being performed by the dental hygienist.
 Chapter 08.36. - DENTISTRY
 Article 01 - BOARD OF DENTAL EXAMINERS
 Sec. 08.36.010. - Creation and membership of board.
 There is created the Board of Dental Examiners consisting of nine members. Six members shall be licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment, two members shall be dental hygienists licensed under AS 08.32 who have been engaged in the practice of dental hygiene in the state for five years immediately preceding appointment, and one member shall be a public member.
 Sec. 08.36.020. - Term of office. [Repealed, Sec. 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053 ].
 Repealed or Renumbered
 Sec. 08.36.025. - Suspension of board members.
 A member against whom an accusation has been filed under AS 44.62 for violation of AS 08.32.160 or AS 08.36.315 is suspended from the board until the decision of the board on the accusation takes effect under AS 44.62.520.
 Sec. 08.36.030. - Election of officers.
 The board shall elect a president and a secretary from among its members, each to serve for a term not to exceed two years.
 Sec. 08.36.040. - Meetings.
 The board shall meet at the call of the president at least four times annually and at other times necessary to conduct its business. In the absence of a call of the president, a majority of the board may call a meeting.
 Sec. 08.36.050. - Quorum.
 A majority of the board constitutes a quorum for the transaction of business.
 Sec. 08.36.060. - Expenses and salary. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.36.061. - Reimbursement for expenses.
 Board members are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . The department shall reimburse a member for other actual, reasonable expenses incurred in carrying out duties as a board member.
 Sec. 08.36.070. - General powers.
 (a) The board shall
 (1) provide for the examination of applicants and issue licenses to those applicants it finds qualified;
 (2) register licensed dentists and licensed dental hygienists who are in good standing;
 (3) affiliate with the American Association of Dental Examiners and pay annual dues to the association;
 (4) hold hearings and order the disciplinary sanction of a person who violates this chapter, AS 08.32, or a regulation of the board;
 (5) supply forms for applications, licenses, permits, certificates, and other papers and records;
 (6) enforce the provisions of this chapter and AS 08.32 and adopt or amend the regulations necessary to make the provisions of this chapter and AS 08.32 effective;
 (7) adopt regulations ensuring that renewal of registration is contingent upon proof of continued professional competence by a licensed dentist or licensed dental hygienist;
 (8) provide the department with the requirements for proof of continued professional competence and request the department to make these requirements available to each licensed dentist and licensed dental hygienist at least one year before the date on which the dentist or dental hygienist must renew registration;
 (9) at least annually cause to be published in a newspaper of general circulation in each major city in the state a summary of disciplinary actions the board has taken during the preceding calendar year;
 (10) issue permits or certificates to licensed dentists, licensed dental hygienists, and dental assistants who meet standards determined by the board for specific procedures that require specific education and training;
 (11) regulate the reentry into practice of inactive dentists and dental hygienists;
 (12) require, as a condition of a license or license renewal issued by the board, that an applicant or licensee has, at the time of licensing or renewal and maintains throughout the period of a license, current certification in cardiopulmonary resuscitation techniques, except that the board may waive this requirement under an agreement with the applicant or licensee if the applicant or licensee documents, to the satisfaction of the board, the existence of a physical impairment that results in an inability to be certified in cardiopulmonary resuscitation techniques and the agreement specifies that the applicant or licensee will ensure that another person who is certified in cardiopulmonary resuscitation techniques will be in the same room as the applicant or licensee whenever the applicant or licensee is practicing dentistry on a living patient who is also present; the board may include in the agreement an expiration date or provide that the agreement remains in effect until reviewed by the board.
 (b) The board may
 (1) order a licensed dentist or licensed dental hygienist to submit to a reasonable physical or mental examination if the dentist's or the dental hygienist's physical or mental capacity to practice safely is at issue; and
 (2) authorize its representative to inspect the practice facilities or patient or professional records of a dentist at reasonable times and in a reasonable manner to monitor compliance with this chapter and with AS 08.32.
 Sec. 08.36.075. - Dental radiological equipment.
 (a) Subject to (b) of this section, the board shall establish standards for the registration and inspection of dental radiological equipment, including standards for record keeping relating to the control panels and the use of the equipment. The inspection standards adopted by the board must require that an inspection be performed by a person who has qualifications equivalent to the qualifications established as of the effective date of this Act in the "Applicant Profile and Job Qualification Summary" for a state Radiological Health Specialist I.
 (b) The board may not adopt a standard under this section that is more stringent than a standard applicable under federal law or regulations or that is more strict than a manufacturer's standard that is applicable to the same aspect of the dental radiological equipment except that, if a federal standard is different from the manufacturer's standard on the same subject, the board shall adopt the stricter of the two standards unless adoption of the other standard would not present a risk of harm to the public or to the operator of the equipment.
 (c) A dentist may not use, or allow a person under the dentist's supervision to use, dental radiological equipment in this state unless the owner or lessee of the equipment has registered the equipment's control panel with the board and the control panel displays a seal indicating that it has been registered. The board may charge the owner or lessee of the dental radiological equipment a fee for the registration of each control panel registered under this subsection. For each registered control panel, the board shall issue to the owner or lessee a registration seal that indicates that the registration requirement has been met.
 (d) The board shall require that inspection of dental radiological equipment occur once within every five calendar years and require that records concerning the inspection be provided to the board by the owner or lessee of the equipment and kept on file where the equipment is located. The board shall, upon application by the owner or lessee of the dental radiological equipment, submission of evidence documenting compliance with the inspection standards of the board, and payment of a fee set by the board, issue to the owner or lessee an inspection seal indicating the date by which the dental radiological equipment must pass inspection again. The date on the inspection seal shall be December 31 of the fourth calendar year that occurs after the calendar year in which the inspection occurred. A dentist may not use, or allow a person under the dentist's supervision to use, dental radiological equipment in this state after the date on the most recent inspection seal.
 (e) Fees charged under this section may not be higher than the amount necessary to cover the board's cost of registering a control panel or approving the inspection of dental radiological equipment, as appropriate, plus the cost of issuing the applicable seals.
 (f) In this section, "dental radiological equipment" means equipment for use in the practice of dentistry, consisting of a control panel and associated tube heads, if the equipment emits electronic product radiation, as defined in AS 18.60.545 , or uses radionuclides, as defined in AS 18.60.545 .
 Sec. 08.36.080. - Applicability of Administrative Procedure Act.
 The board shall comply with AS 44.62 (Administrative Procedure Act).
 Sec. 08.36.090. - Records and reports. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.36.091. - Records and reports.
 The board shall maintain
 (1) a record of its proceedings;
 (2) a register containing the name, office and home addresses, and other information considered necessary by the board, of each person licensed as a dentist or dental hygienist, and a register of the licenses revoked by the board, and information on the status of each licensee.
 Sec. 08.36.100. - License required.
 Except as provided in AS 08.36.238 , a person may not practice, or attempt to practice, dentistry without a license and a current certificate of registration.
 Sec. 08.36.110. - Qualifications for license.
 An applicant for a license to practice dentistry shall
 (1) provide certification to the board that the applicant
 (A) is a graduate of a dental school that at the time of graduation is accredited by the Commission on Accreditation of the American Dental Association;
 (B) holds a certificate from the American Dental Association Joint Commission on National Dental Examinations that the applicant has successfully passed the written examinations given by the commission;
 (C) has not had a license to practice dentistry revoked, suspended, or voluntarily surrendered in this state or another state;
 (D) is not the subject of an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application, or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction or a dental society;
 (E) is not the subject of an unresolved or an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction, dental society, or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant's ability or competence to practice dentistry or on the safety or well-being of patients;
 (F) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Examiners Clearinghouse for Disciplinary Information that relates to criminal or fraudulent activity, or dental malpractice;
 (G) is not an impaired practitioner;
 (2) pass, to the satisfaction of the board, written, clinical, and other examinations administered or approved by the board; and
 (3) meet the other qualifications for a license established by the board by regulation.
 Sec. 08.36.114. - Qualifications for acupuncture applicants.
 An applicant for a license to perform acupuncture in the regular practice of dentistry shall be licensed under AS 08.36.100 and shall satisfy those requirements of experience or education in the practice of acupuncture as may be adopted by the board.
 Sec. 08.36.115. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.36.120. - Signing, photograph, and filing date of application.
 Each applicant shall submit a recent unmounted photograph of the applicant. Applications shall be signed by the applicant and filed at least 45 days before the date scheduled for an examination.
 Sec. 08.36.130. - Examination.
 An examination shall be given at least once a year and at other times and at places determined by the board to be convenient and economical for the applicants and the state. At least once each year the board shall appoint an examination committee of at least three licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment to conduct or to supervise the examination process for applicants for licenses to practice dentistry. The board shall also appoint an examination committee of at least two licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment and one person licensed to practice dental hygiene in the state to conduct the examination for applicants for licenses to practice dental hygiene. The examination committees shall report the results to the board for official action.
 Sec. 08.36.140. - Out-of-state examination. [Repealed, Sec. 40 ch 100 SLA 1984].
 Repealed or Renumbered
 Sec. 08.36.150. - Examination in out-of-state dental schools. [Repealed, Sec. 40 ch 100 SLA 1984].
 Repealed or Renumbered
 Sec. 08.36.160. - Contents of examination.
 (a) The examination conducted or approved by the board shall be designed to test the qualifications of the applicant to practice dentistry and shall consist of a written and a clinical examination.
 (b) The subjects of the written examination shall include dental radiology, the state's laws on the practice of dentistry, and other subjects selected in accordance with the trend of dental education and professional and technical advances.
 (c) The clinical examination shall test the applicant's skill in operative and prosthetic dentistry or any procedures selected by the board from procedures recommended by the American Dental Association Joint Commission on National Dental Examinations.
 (d) The board may require an applicant to pass a laboratory examination as a prerequisite to admission to the clinical examination if the board has reason to believe the applicant cannot practice safely on a clinical patient.
 (e) A passing score on a clinical examination given by the Western Regional Examining Board within the five years preceding licensure application under this chapter constitutes a passing score on a clinical examination required under this chapter, provided the examination was taken on or after January 1, 1987.
 Sec. 08.36.170. - Partial examination. [Repealed, Sec. 40 ch 100 SLA 1984].
 Repealed or Renumbered
 Sec. 08.36.180. - Reexamination.
 An applicant shall pass the examination conducted or approved by the board with a score equal to or exceeding the minimal acceptable score set by the board by regulation. If an applicant fails the examination, the applicant may be reexamined. If an applicant fails the examination on two separate occasions, the board shall refuse to examine the applicant further until the applicant produces evidence satisfactory to the board that the applicant has pursued further study in preparation for the examination.
 Sec. 08.36.190. - Grading of examination.
 Upon the conclusion of the written examination and as soon as practicable, the papers shall be rated by an examiner. The examiner shall prepare a report in duplicate on each written examination and a report in duplicate on each practical examination. The examiner shall forward one copy of each report on each candidate to the secretary of the board and one copy to the division of occupational licensing. The secretary shall prepare a composite report on each applicant and file one copy of that report with the division of occupational licensing. As soon as practicable the division of occupational licensing shall notify each candidate of the results of the examination.
 Sec. 08.36.200. - Waiver of written examination. [Repealed, Sec. 40 ch 100 SLA 1984].
 Repealed or Renumbered
 Sec. 08.36.210. - 08.36.220 - Waiver of examination and issuance of license by reciprocity. [Repealed, Sec. 32 ch 49 SLA 1980. For current law, see AS 08.36.234 ].
 Repealed or Renumbered
 Sec. 08.36.230. - Practice outside the state.
 A dentist licensed to practice in this state and residing and practicing dentistry outside this state may maintain eligibility to practice in this state by registering the dentist's name and place of residence with the division of occupational licensing every four years and submitting proof of continued professional competence as required by the board. If the dentist fails to register, the board may reinstate the dentist's license without examination upon payment of applicable fees established by regulations adopted under AS 08.01.065 , payment of a penalty established under AS 08.01.100 (b), presentation of proof of continued professional competence, and presentation of proof of active practice certified by the dental board having jurisdiction or, if there is no board with jurisdiction, by evidence satisfactory to the board.
 Sec. 08.36.234. - Licensure by credentials.
 (a) The board shall provide for the licensing without examination, except as provided in (2) of this subsection, of a dentist who
 (1) provides certification to the board that the dentist
 (A) is a graduate of a dental school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency, and holds a certificate from the American Dental Association Joint Commission on National Dental Examinations that the dentist has passed the written examination given by the commission;
 (B) has passed clinical and written examinations required for licensure in another state, territory, or region of the United States and has been licensed to practice dentistry in that state, territory, or region of the United States; the state, territory, or region must have licensing requirements at least generally equivalent to those of this state at the time of application; if the board does not consider the licensing requirements of the other jurisdiction to be generally equivalent to those of this state at the time of application because certain areas of subject matter were not included in the other jurisdiction's examinations, the board may find compliance with the requirements of this subparagraph if the dentist holds a specialty certification in the omitted subject areas;
 (C) is in good standing with the licensing entity in the jurisdiction where the dentist is currently licensed and in all jurisdictions in which the dentist was previously licensed while practicing in those jurisdictions; if the dentist is employed by the federal government, the dentist must be in good standing with the employing federal agency;
 (D) has been engaged in continuous active clinical practice averaging at least 20 hours a week for each of the five years immediately preceding the application
 (i) in a jurisdiction in which the dentist was licensed and in good standing; or
 (ii) working for the federal government while in good standing with the employing federal agency and after having been licensed by a jurisdiction;
 (E) is not the subject of an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application, or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction or a dental society;
 (F) is not the subject of an unresolved or an adverse decision based upon a complaint, investigation, review procedure, or other disciplinary proceeding undertaken by a state, territorial, local, or federal dental licensing jurisdiction, dental society, or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant's ability or competence to practice dentistry or on the safety or well-being of patients;
 (G) has not previously had a license to practice dentistry suspended for grounds similar to those specified under AS 08.36.315 , revoked, or voluntarily surrendered;
 (H) has completed at least 42 hours of continuing education related to clinical dentistry in the three years preceding application for a license in this state; the continuing education must have been approved by the American Dental Association, the Academy of General Dentistry, or the appropriate specialty board;
 (I) has not within the previous three years failed the clinical exam given by the Western Regional Examining Board;
 (J) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Examiners Clearinghouse for Disciplinary Information that relates to criminal or fraudulent activity, negligent dental care, or malpractice;
 (2) has passed, to the satisfaction of the board, a written examination that consists of the portion of the written examination given under AS 08.36.160 (b) that pertains to the state's laws on the practice of dentistry; the board may not require a higher passing score for applicants under this section than the board requires for applicants under AS 08.36.110 ;
 (3) is personally interviewed by the board for purposes of verifying credentials;
 (4) pays all required fees;
 (5) provides the board with an affidavit that the dentist is not an impaired practitioner;
 (6) provides to the board an authorization for release of records in a form prescribed by the board.
 (b) A dentist applying for licensure without clinical examination is responsible for providing to the board all materials required by this section or by the board to implement this section to establish eligibility for a license without clinical examination. In addition to the grounds for revocation of a license under AS 08.36.315 , the board may revoke a license issued without a clinical examination upon evidence of misinformation or substantial omission.
 (c) The board shall adopt regulations necessary to implement this section, including the form and manner of certification of qualifications under this section.
 Sec. 08.36.238. - Exemption from license requirement.
 (a) A person enrolled as a full-time student in an accredited school of dentistry may perform procedures as part of a course of study without a license if
 (1) the procedures are performed under the direct supervision of a member of the faculty who is licensed under this chapter, or under the direct supervision of a team of licensed faculty dentists, at least one of whom is licensed under this chapter; and
 (2) the clinical program has received written approval from the board.
 (b) A person practicing dentistry under (a) of this section is subject to all other provisions of this chapter and to other laws and regulations that apply to the practice of dentistry.
 Sec. 08.36.240. - Issuance and display of license.
 The board shall issue a license to each successful dentist applicant who has paid the required fees. The licensee shall display the license in a conspicuous place where the licensee practices.
 Sec. 08.36.244. - License to practice as specialist required.
 A licensed dentist may not hold out to the public as being especially qualified in a branch of dentistry by announcing through the press, sign, card, letterhead or printed matter, or any means of public advertising, using such terms as "specialist," or inserting the name of the specialty, or using other phrases customarily used by qualified specialists that would imply to the public that the dentist is so qualified, without first securing a specialist's license as provided in this chapter.
 Sec. 08.36.246. - Qualification for a specialist license.
 (a) An applicant for a specialty license shall
 (1) possess a license to practice dentistry in the state;
 (2) have completed as many academic years of advanced education in the specialty as are required by the appropriate specialty board in a program accredited by the Commission on Accreditation of the American Dental Association or its successor agency; and
 (3) be a diplomate or the equivalent of the appropriate specialty board, or be eligible to be examined for diplomate status as documented by an organization recognized by the American Dental Association.
 (b) The provisions of (a)(2) and (3) of this section do not apply to dentists who limit their practice exclusively and who ethically announce limitation of practice in accordance with the Principles of Ethics and Code of Professional Conduct of the American Dental Association.
 Sec. 08.36.247. - Limitation of special practice.
 (a) A specialty license may not be issued unless the applicant presents proof satisfactory to the board that the applicant is qualified to practice that specialty. A specialist appointed by the board and licensed in that specialty shall assist the board in the licensing procedures.
 (b) This section may not be construed as limiting or preventing a licensed and qualified dentist from performing, without a specialty license, dental acts or services to the public in any of the branches of dentistry, except that a dentist may not administer a general anesthetic to a patient without a valid permit as required by regulations of the dental examiners board.
 Sec. 08.36.248. - Suspension or revocation of specialty licenses.
 The board may suspend or revoke a specialty license upon any grounds set out in AS 08.36.315 , and the procedure shall be the same as for the revocation or suspension of a license to practice dentistry.
 Sec. 08.36.250. - Renewal of registration.
 (a) At least 60 days before expiration of a licensee's registration certificate, the division of occupational licensing shall mail a form for renewal of registration to each licensed dentist. A licensee who wishes to renew a license shall complete the form and return it with the appropriate fee and evidence of continued professional competence as required by the board. The division of occupational licensing shall, as soon as practicable, issue a registration certificate valid for a stated number of years. A licensee shall keep the registration certificate beside or attached to the licensee's license. Failure to receive the registration form does not exempt a licensee from renewing registration.
 (b) When applying for license renewal, a dentist shall report to the board each instance during the prior registration period in which the quality of the licensee's professional services was the subject of legal action.
 Sec. 08.36.260. - Branch office registration.
 A licensee who practices in an established office with an address other than that address for which the licensee's registration certificate is issued shall obtain a branch office registration certificate for each office.
 Sec. 08.36.270. - Permits for isolated areas. [Repealed, Sec. 3 ch 26 SLA 1965; Sec. 5 ch 93 SLA 1965].
 Repealed or Renumbered
 Sec. 08.36.271. - Permits for isolated areas.
 (a) The Department of Health and Social Services shall designate as isolated areas those specific places and regions remote from major population centers that are not served by dentists licensed under this chapter and that have a geographical location that works financial hardship, extended loss of time, or arduous and costly travel upon residents needing dental care.
 (b) The board shall, upon recommendation of the Department of Health and Social Services, issue an annual permit authorizing the treatment of residents in an area designated under (a) of this section, who are not entitled to dental care by the state or federal government, by a dentist employed by the United States Public Health Service or qualified member of the armed services who serves in that area.
 Sec. 08.36.280. - Temporary permit. [Repealed, Sec. 40 ch 100 SLA 1984].
 Repealed or Renumbered
 Sec. 08.36.285. - Licensing a permittee. [Repealed, Sec. 10 ch 121 SLA 1972].
 Repealed or Renumbered
 Sec. 08.36.290. - Fees.
 The department shall, by regulations adopted under AS 08.01.065 , establish fees for dentists for the following:
 (1) filing an examination and licensing application;
 (2) examination fee;
 (3) credential review;
 (4) initial license;
 (5) registration fee;
 (6) filing a reexamination application;
 (7) specialty license;
 (8) branch office registration;
 (9) duplicate license;
 (10) delinquent registration.
 Sec. 08.36.310. - Grounds for revocation of license. [Repealed, Sec. 32 ch 49 SLA 1980].
 Repealed or Renumbered
 Sec. 08.36.315. - Grounds for discipline, suspension, or revocation of license.
 The board may revoke or suspend the license of a dentist, or may reprimand, censure, or discipline a dentist, or both, if the board finds after a hearing that the dentist
 (1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional dental services or engaging in professional activities;
 (3) advertised professional dental services in a false or misleading manner;
 (4) received compensation for referring a person to another dentist or dental practice;
 (5) has been convicted of a felony or other crime that affects the dentist's ability to continue to practice dentistry competently and safely;
 (6) engaged in the performance of patient care, or permitted the performance of patient care by persons under the dentist's supervision, that does not conform to minimum professional standards of dentistry regardless of whether actual injury to the patient occurred;
 (7) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
 (8) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) failure to keep informed of or use current professional theories or practices;
 (C) addiction or dependence on alcohol or other drugs that impairs the dentist's ability to practice safely;
 (D) physical or mental disability;
 (9) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
 (10) permitted a dental hygienist or dental assistant who is employed by the dentist or working under the dentist's supervision to perform a dental procedure in violation of AS 08.32.110 or AS 08.36.070 (a)(10);
 (11) failed to report to the board a death that occurred on the premises used for the practice of dentistry within 48 hours.
 Sec. 08.36.320. - Summary license suspension.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 (c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under AS 08.36.070(b)(1). A person whose license is suspended under this section is entitled to a hearing by the board within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
 (d) [Repealed, Sec. 49 ch 94 SLA 1987].
 (e) [Repealed, Sec. 49 ch 94 SLA 1987].
 Sec. 08.36.325. - 08.36.330 - Discipline, suspension or revocation of license of dentists. [Repealed, Sec. 32 ch 49 SLA 1980].
 Repealed or Renumbered
 Sec. 08.36.340. - Penalties.
 A person who violates any provision of this chapter or regulations adopted under this chapter for which no specific penalty is provided is guilty of a class B misdemeanor.
 Sec. 08.36.350. - Application of chapter.
 (a) This chapter applies to a person who practices, or offers or attempts to practice dentistry in the state except
 (1) a dental surgeon or dentist in the military service in the discharge of official duties;
 (2) a dentist in the employ of the United States Public Health Service, United States Veterans' Administration, Alaska Native Service, or other agency of the federal government, in the discharge of official duties;
 (3) a physician or surgeon;
 (4) a dentist providing care in an isolated area by authority of a permit issued under AS 08.36.271 ;
 (5) a dentist licensed in another state who is teaching or demonstrating clinical techniques at a meeting, seminar or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;
 (6) a dentist licensed in another state who provides emergency care to an injured or ill person who reasonably appears to the dentist to be in immediate need of emergency aid in order to avoid serious harm or death if the care is provided without remuneration.
 (b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.
 Sec. 08.36.360. - Practice of dentistry defined.
 A person engages in the practice of dentistry who
 (1) performs or holds out to the public as being able to perform dental operations;
 (2) diagnoses, treats, operates on, corrects, attempts to correct, or prescribes for, a disease, lesion, pain, injury, deficiency, deformity, or physical condition, malocclusion or malposition of the human teeth, alveolar process, gingiva, maxilla, mandible, or adjacent tissues;
 (3) performs or attempts to perform an operation incident to the replacement of teeth;
 (4) furnishes, supplies, constructs, reproduces, or repairs dentures, bridges, appliances or other structures to be used and worn as substitutes for natural teeth, except on prescription of a duly licensed and registered dentist and by the use of impressions or casts made by a duly licensed and registered dentist;
 (5) uses the words "dentist" or "dental surgeon" or the letters D.D.S. or D.M.D. or other letter or title that represents the dentist as engaging in the practice of dentistry;
 (6) extracts or attempts to extract human teeth;
 (7) exercises control over professional dental matters or the operation of dental equipment in a facility where the acts and things described in this section are performed or done.
 Sec. 08.36.365. - Rights of dentists.
 A dentist licensed in this state may
 (1) practice in an association, partnership, corporation, or other lawful entity with other dentists, including specialists;
 (2) practice under the name of "dental center" or other descriptive term that does not deceive the public about the nature of the services provided;
 (3) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research does not involve treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency;
 (4) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research involves the treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency, and if the dentist notifies the board in writing, at least 60 days before beginning the treatment, of the intended practices or procedures and the board does not disapprove the research.
 Sec. 08.36.370. - Definitions.
 In this chapter, unless the context requires otherwise,
 (1) "board" means the Board of Dental Examiners;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "impaired practitioner" means a person who is unfit to practice dentistry due to addiction or dependence on alcohol or other drugs that impair the practitioner's ability to practice safely.
 Chapter 08.40. - ELECTRICAL AND MECHANICAL ADMINISTRATORS
 Sec. 08.40.005. - Purpose of AS 08.40.005 - 08.40.200.
 The purpose of AS 08.40.005 - 08.40.200 is to protect the safety of people and property in the state from the danger of improperly installed electrical wiring and equipment by providing a procedure to assure
 (1) the public that persons responsible for making electrical installations in this state are qualified; and
 (2) a sufficient number of persons are so qualified.
 Sec. 08.40.010. - Creation and membership of board. [Repealed, Sec. 48 ch 94 SLA 1987].
 Repealed or Renumbered
 Sec. 08.40.011. - Board of electrical examiners. [Repealed, Sec. 37 ch 101 SLA 1994].
 Repealed or Renumbered
 Sec. 08.40.020. - Appointment and term of office. [Repealed, Sec. 49 ch 94 SLA 1987].
 Repealed or Renumbered
 Sec. 08.40.030. - , 08.40.040. [Repealed, Sec. 48 ch 94 SLA 1987].
 Repealed or Renumbered
 Sec. 08.40.045. - Categories of licenses.
 The department may adopt regulations establishing categories of electrical administrators, qualifications for those categories, and the content of examinations for applicants for each category.
 Sec. 08.40.050. - Regulations.
 The department shall adopt regulations subject to AS 44.62 (Administrative Procedure Act), relating to the examination and licensing of electrical administrators and the establishing of the continued competency of an applicant for license renewal and reinstatement.
 Sec. 08.40.060. - Examinations.
 A licensing examination shall be offered by the department at least twice during each year at appropriate places in the state.
 Sec. 08.40.070. - Inspection or investigation by department.
 The department may make or have made a special inspection or investigation into the work of a licensee that it considers necessary, may issue subpoenas and process compelling the attendance of any person and the production of any papers or books, for the purpose of the investigation and examination, may administer oaths when required, and may petition a court of the state to enforce subpoenas and process or to compel testimony.
 Sec. 08.40.080. - Compensation of board members. [Repealed, Sec. 43 ch 85 SLA 1988].
 Repealed or Renumbered
 Sec. 08.40.090. - License required.
 (a) A person may not act as an electrical administrator in the state without a license issued by the department unless the person is covered by an exclusion under AS 08.40.190 .
 (b) A person licensed under AS 08.40.005 - 08.40.200 may perform work only in a category for which the person is licensed.
 Sec. 08.40.100. - Exclusion. [Repealed, Sec. 14 ch 53 SLA 1977].
 Repealed or Renumbered
 Sec. 08.40.110. - Application for license.
 An applicant for a license shall apply upon a form prescribed by the department.
 Sec. 08.40.120. - Examination of applicant.
 (a) Each applicant shall be examined to determine the applicant's
 (1) ability to understand plans, design specifications, and engineering terms commonly used in the electrical field;
 (2) knowledge of electrical installations and wiring;
 (3) familiarity with the regulations contained in the National Electrical Code and the National Electrical Safety Code, as approved by the American Standards Association;
 (4) familiarity with other installation and safety regulations approved by the American Standards Association;
 (5) [Repealed, Sec. 37 ch 101 SLA 1994].
 (6) personal skill and ability.
 (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as an electrical administrator or the equivalent by another state or territory, that the applicant meets qualifications established by the department under AS 08.40.045, and that the applicant has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section.
 Sec. 08.40.130. - Administrator limited to one registered contractor.
 A person may not qualify for or operate as an electrical administrator for more than one registered contractor.
 Sec. 08.40.135. - Renewal and reinstatement.
 (a) A license issued under AS 08.40.005 - 08.40.200 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency.
 (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100 (b), unless the license has been lapsed for more than two years. If a person's license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.120 .
 Sec. 08.40.140. - Issuance and possession of license.
 An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative.
 Sec. 08.40.150. - Fees.
 Each applicant and each licensee shall pay application and renewal fees established by regulations adopted under AS 08.01.065 .
 Sec. 08.40.160. - Waiver of examination. [Repealed, Sec. 14 ch 53 SLA 1977].
 Repealed or Renumbered
 Sec. 08.40.170. - Disciplinary actions.
 (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
 (1) the license application is fraudulent or misleading;
 (2) the licensee has knowingly violated AS 08.40.005 - 08.40.200, the minimum electrical standards established under AS 18.60.580 - 18.60.590, or a lawful order or regulation of the department;
 (3) the licensee is incompetent, or has engaged in fraudulent practices.
 (b) Notice of a proposed disciplinary action under this section shall be given in writing, stating the grounds.
 (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).
 (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
 (1) refuse to issue a license;
 (2) permanently revoke a license;
 (3) suspend a license for a specified period;
 (4) censure or reprimand a licensee;
 (5) impose limitations or conditions on the professional practice of a licensee;
 (6) require a licensee to submit to peer review;
 (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
 (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.
 (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.
 (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing before the department to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.
 (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.
 (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.
 (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.
 Sec. 08.40.175. - Cease and desist order.
 (a) If the department determines that a person is acting as an electrical administrator in violation of AS 08.40.005 - 08.40.200, the department may issue a cease and desist order prohibiting further action by the person as an electrical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the department showing that the violation has been corrected.
 (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the department from enforcing the order.
 Sec. 08.40.178. - Injunctive relief.
 The department may seek an injunction in the superior court to enjoin a person from violating AS 08.40.005 - 08.40.200.
 Sec. 08.40.180. - Violation of AS 08.40.005 - 08.40.200.
 A person who knowingly violates AS 08.40.005 - 08.40.200, or who knowingly violates a valid regulation or order of the department or a minimum electrical standard established under AS 18.60.580 - 18.60.590 that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000.
 Sec. 08.40.190. - Exclusions.
 (a) AS 08.40.005 - 08.40.200 do not apply to any utility or municipality engaged in
 (1) electrical construction and maintenance of electrical wiring for the generation and distribution of electrical current where the wiring is an integral part of a system owned and operated by that utility or municipal light and power department;
 (2) the installation, operation, maintenance, or repair of telephone, telegraph, signal, or communication systems when the work is performed by the employees of that utility.
 (b) AS 08.40.005 - 08.40.200 do not apply to a person engaged in
 (1) the manufacture, maintenance, or repair of electrical apparatus or equipment;
 (2) electrical work, the cost of which does not exceed $5,000, involving residences or small commercial establishments in communities that
 (A) have a population of under 500 according to the latest available federal or state census or other census approved by the Department of Community and Regional Affairs; or
 (B) are over 50 miles by air or water transportation from the business place of an electrical administrator licensed under AS 08.40.010 - 08.40.200;
 (3) electrical installation on residential property that is owned by the installer or a member of the installer's immediate family and not intended for sale at the time of making the installation;
 (4) the operation, maintenance, or repair of a television or radio broadcasting system and the installation of a radio broadcasting system under 500 watts input power except for A.C. power supply and wiring;
 (5) the installation, maintenance, and repair of elevators so long as the work is performed by an agent or employee of the elevator industry and is confined to the elevator control system, which system does not include the power supply, wiring, and motor connection;
 (6) the operation, maintenance, and repair of telephone, telegraph, and intercommunication facilities;
 (7) the installation, maintenance, and repair of fire alarm, intrusion alarm, or other low voltage signaling systems of 48 volts to ground or less;
 (8) the maintenance or repair of diesel electric engines installed on heavy construction equipment, either in a shop or on a job site;
 (9) the installation in a commercial water well of the submersible pump motor and the wiring to the well pump system controls if the controls are outside a building or a structure;
 (10) the installation in a noncommercial water well of the submersible pump motor and the wiring to the well pump system controls;
 (11) electrical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public.
 (c) Work within the exclusionary provisions of this section is nevertheless subject to the inspection provisions of AS 08.40.070 and must follow the regulations adopted by the department, other than regulations requiring licensure for the work.
 Sec. 08.40.195. - Personal supervision.
 A person licensed under AS 08.40.005 - 08.40.200 as an electrical administrator who is responsible for the installation or repair of electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy or who is responsible for certifying that the installation or repair complies with applicable electrical codes shall personally inspect those materials after installation and repair unless the installation or repair amounts to simple or highly standardized work performed in less than 24 man hours by personnel generally under the supervision of the electrical administrator.
 Sec. 08.40.200. - Definitions.
 In AS 08.40.005 - 08.40.200,
 (1) "department" means the Department of Commerce and Economic Development;
 (2) "electrical administrator" means a person who is responsible for
 (A) installing or repairing electrical wiring, conduits, devices, fixtures, equipment, or other electrical materials for transmitting, using, or consuming electrical energy; or
 (B) certifying that an installation or repair described in (A) of this paragraph complies with applicable electrical codes;
 (3) "electrical wiring" means and includes wiring, fixtures, conduits, appliances, devices, equipment, overhead or underground wiring systems, or other equipment in connection with the general distribution or utilization of electrical energy;
 (4) "manufacture" means fabrication or completion of a product or electrical apparatus exclusive of its completion or installation at a job site;
 (5) "utility" means every corporation (whether public, cooperative or otherwise), company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls any plant or system for
 (A) furnishing, by generation, transmission or distribution, electrical service to the public for compensation;
 (B) furnishing telecommunications service to the public for compensation.
 Sec. 08.40.210. - Purpose of AS 08.40.210 - 08.40.490.
 The purpose of AS 08.40.210 - 08.40.490 is to protect the safety of people and property in the state from the danger of improperly installed or modified mechanical systems by providing a procedure to assure
 (1) the public that persons responsible for making mechanical installations in this state are qualified; and
 (2) that a sufficient number of persons are so qualified.
 Sec. 08.40.220. - Board of mechanical examiners. [Repealed, Sec. 37 ch 101 SLA 1994].
 Repealed or Renumbered
 Sec. 08.40.230. - Categories of licenses.
 The department may adopt regulations establishing categories of mechanical administrators, qualifications for those categories, and the content of examinations for applicants for each category.
 Sec. 08.40.240. - Regulations.
 The department shall adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the examination and licensing of mechanical administrators and the establishing of the continued competency of licensees for license renewal and reinstatement.
 Sec. 08.40.250. - Examinations.
 The department shall conduct licensing examinations at least twice each year at appropriate places in the state.
 Sec. 08.40.260. - License required.
 (a) A person may not act as a mechanical administrator without a license unless the person is covered by an exclusion under AS 08.40.390.
 (b) A person licensed under AS 08.40.210 - 08.40.490 may perform work only in a category for which the person is licensed.
 Sec. 08.40.270. - Examination of applicant.
 (a) Each applicant shall be examined to determine the applicant's
 (1) ability to understand plans, design specifications, and engineering terms commonly used in the mechanical field;
 (2) knowledge of mechanical installations and piping;
 (3) familiarity with the requirements of the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code currently in effect in the state;
 (4) [Repealed, Sec. 37 ch 101 SLA 1994].
 (5) personal skill and ability.
 (b) If an applicant for a license submits proof satisfactory to the department that the applicant is licensed as a mechanical administrator or the equivalent by another state or territory, meets qualifications established by the department under AS 08.40.230 , and has passed an examination equivalent to the test administered under (a) of this section, the department shall waive all of the examination required under (a) of this section.
 Sec. 08.40.280. - Administrator limited to one licensed contractor.
 A person may not qualify or operate as a mechanical administrator for more than one registered contractor, corporation, joint venture, or other business entity unless the municipality or community where the person qualifies or operates as a mechanical administrator is the principal place of business of fewer than three mechanical administrators.
 Sec. 08.40.290. - Renewal and reinstatement.
 (a) A license issued under AS 08.40.210 - 08.40.490 is nontransferable and, unless revoked or suspended, may be renewed on a date set by the department upon proof of continued competency.
 (b) A lapsed license may be reinstated upon proof of continued competency and by payment of all unpaid renewal fees and any penalty fee established under AS 08.01.100 (b) unless the license has been lapsed for more than two years. If a person's license has been lapsed for more than two years, the person is required to take an examination under AS 08.40.270 .
 Sec. 08.40.300. - Issuance and possession of license.
 An applicant who successfully passes the examination shall receive a license. The licensee shall have the license in immediate possession at all times when performing activities for which the license is required and shall present the license for inspection upon the demand of an authorized representative of the department identified as such to the licensee by the representative.
 Sec. 08.40.310. - Fees.
 Each applicant and each licensee shall pay application and renewal fees established under AS 08.01.065 .
 Sec. 08.40.320. - Disciplinary actions.
 (a) The department may take the disciplinary actions set out in (d) of this section upon a finding that
 (1) the license application is fraudulent or misleading;
 (2) the licensee has knowingly violated AS 08.40.210 - 08.40.490, a code listed in AS 08.40.490 (3)(A), or an order or regulation of the department; or
 (3) the licensee is incompetent or has engaged in fraudulent practices.
 (b) Notice of a proposed disciplinary action under this section must be in writing and must state the grounds.
 (c) Proceedings for a disciplinary action under this section shall be governed by AS 44.62 (Administrative Procedure Act).
 (d) The department may take the following disciplinary actions under (a) of this section, singly or in combination:
 (1) refuse to issue a license;
 (2) permanently revoke a license;
 (3) suspend a license for a specified period;
 (4) censure or reprimand a licensee;
 (5) impose limitations or conditions on the professional practice of a licensee;
 (6) require a licensee to submit to peer review;
 (7) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
 (8) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation.
 (e) The department may withdraw probationary status if the deficiencies that required the sanction are remedied.
 (f) The department may summarily suspend a license before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing before the department to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of a summary suspension to a court of competent jurisdiction.
 (g) The department may reinstate a suspended or revoked license if, after a hearing, the department finds that the licensee is able to practice the profession with skill and safety.
 (h) The department may accept the voluntary surrender of a license. A license may not be returned to the person who surrendered the license unless the department determines that the person is competent to resume practice and the person pays the appropriate renewal fee.
 (i) The department shall seek consistency in the application of disciplinary sanctions. The department shall explain a significant departure from prior decisions involving similar facts in the order imposing the sanction.
 Sec. 08.40.330. - Investigations.
 The department may investigate alleged or apparent violations of AS 08.40.210 - 08.40.490. The department, upon showing proper credentials, may enter, during regular hours of work, a construction site where it appears that mechanical work is being done. The department may make inquiries about the identity of the mechanical administrator or the person acting in the capacity of a mechanical administrator. Upon demand, a mechanical administrator or person acting in the capacity of a mechanical administrator, or that person's representative, shall produce evidence of current licensure.
 Sec. 08.40.340. - Issuance of citations.
 The department may issue a citation for a violation if there is probable cause to believe a person has violated AS 08.40.210 - 08.40.490. Each day a violation continues after a citation for the violation has been issued constitutes a separate violation.
 Sec. 08.40.350. - Procedure and form of citation.
 (a) A citation issued under AS 08.40.340 must be in writing. A person receiving the citation is not required to sign a notice to appear in court.
 (b) The time specified in the notice to appear on a citation issued under AS 08.40.340 must be at least five days, not including weekends and holidays, after the issuance of the citation, unless the person cited requests an earlier hearing.
 (c) The department is responsible for the issuance of books containing appropriate citations and shall maintain a record of each book issued and each citation contained in it. The department shall require and retain a receipt for every book issued to an employee of the department.
 (d) The department shall deposit the original or a copy of the citation with a court having jurisdiction over the alleged offense. Upon its deposit with the court, the citation may be disposed of only by trial in the court or other official action taken by the magistrate, judge, or prosecutor. The department may not dispose of it or copies of it or of the record of its issuance except as required under this subsection and (e) of this section.
 (e) The department shall require the return of a copy of every citation issued under AS 08.40.340 and of all copies of every citation that has been spoiled or upon which an entry has been made and not issued to an alleged violator. The department shall also maintain, in connection with every citation issued by the department, a record of the disposition of the charge by the court where the original or copy of the citation was deposited.
 (f) If the form of citation issued under AS 08.40.340 includes the essential facts constituting the offense charged, and if the citation is sworn to as required under the laws of this state for a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is considered to be a lawful complaint for the purpose of prosecution.
 Sec. 08.40.360. - Cease and desist order.
 (a) If the commissioner of commerce and economic development determines that a person is acting as a mechanical administrator in violation of AS 08.40.210 - 08.40.490, the commissioner may issue a cease and desist order prohibiting further action by the person as a mechanical administrator. The cease and desist order remains in effect until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected.
 (b) A person affected by an order issued under (a) of this section may seek equitable relief preventing the commissioner of commerce and economic development from enforcing the order.
 Sec. 08.40.370. - Injunctive relief.
 The commissioner of commerce and economic development may seek an injunction in the superior court to enjoin a person from violating AS 08.40.210 - 08.40.490.
 Sec. 08.40.380. - Penalties.
 (a) A person who knowingly violates AS 08.40.210 - 08.40.490, or who knowingly violates a regulation or order of the department or a code listed in AS 08.40.490 (3)(A) that was in effect at the time that the installation or repair was made, is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $5,000.
 (b) Unless the citation has been voided or otherwise dismissed by the magistrate, judge, or prosecutor, a person who without lawful justification or excuse fails to appear in court to answer a citation issued under AS 08.40.340 , regardless of the disposition of the charge for which the citation was issued, is guilty of a class B misdemeanor.
 Sec. 08.40.390. - Exclusions.
 (a) AS 08.40.210 - 08.40.490 do not apply to a utility, municipality, or local governing body whose employees are engaged in mechanical work on an integral part of a system owned and operated by the utility, municipality, or local governing body.
 (b) AS 08.40.210 - 08.40.490 do not apply to a person engaged in
 (1) the manufacture or repair of mechanical apparatus or equipment;
 (2) mechanical work, the cost of which does not exceed $50,000, involving residences or small commercial establishments in communities that
 (A) have a population of under 5,000 according to the latest available federal or state census or other census approved by the Department of Community and Regional Affairs; or
 (B) are over 50 miles by air or water transportation from the business place of a mechanical administrator licensed under AS 08.40.210 - 08.40.490;
 (3) mechanical installation on a single-family residence or a two-family residence that is not intended for sale at the time of making the installation;
 (4) installation of water lines or sanitary, storm, or drain sewer lines more than five feet from a building;
 (5) mechanical maintenance or repair work if the work is performed by the person as an employee of an owner or tenant of commercial property as part of the employee's work duties with respect to the property but is not offered or performed as a service to the public;
 (6) design, installation, maintenance, or repair of fire extinguishing systems.
 Sec. 08.40.400. - Personal supervision.
 A person licensed under AS 08.40.210 - 08.40.490 as a mechanical administrator who is responsible for installation or modification of mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials, or who is responsible for certifying that the installation or modification complies with applicable codes, shall personally inspect those materials after installation and modification unless the installation or modification amounts to simple or highly standardized work performed in less than 24 man-hours by personnel generally under the supervision of the mechanical administrator.
 Sec. 08.40.490. - Definitions.
 In AS 08.40.210 - 08.40.490,
 (1) "department" means the Department of Commerce and Economic Development except where the context otherwise requires;
 (2) "manufacture" means fabrication or completion of a product or mechanical apparatus exclusive of its completion or installation at a job site;
 (3) "mechanical administrator" means a person who is responsible for
 (A) installing or modifying mechanical piping and systems, devices, fixtures, equipment, or other mechanical materials subject to the Uniform Plumbing Code, Uniform Swimming Pool, Spa, and Hot Tub Code, Uniform Solar Energy Code, and the Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials; or
 (B) certifying that an installation or modification described in (A) of this paragraph complies with the applicable codes;
 (4) "mechanical piping" includes piping fixtures, devices, and equipment;
 (5) "utility" means every public, cooperative, or other corporation, company, individual, or association of individuals, their lessees, trustees, or receivers appointed by a court, that owns, operates, manages, or controls a plant or system for
 (A) furnishing, by generation, transmission, or distribution, electrical service, fuel gas service, district heating, sewage disposal, or domestic water service to the public for compensation;
 (B) furnishing telecommunications service to the public for compensation.
 Chapter 08.42. - MORTICIANS
 Sec. 08.42.010. - Authority of department.
 The department has jurisdiction over the practice of mortuary science under this chapter. The department may adopt and enforce regulations and set fees relating to the practice of mortuary science.
 Sec. 08.42.020. - License required for the practice of mortuary science.
 (a) A person may not engage in the practice of mortuary science or hold out as being engaged in the practice unless licensed as an embalmer or funeral director by the department. A person holding a license as a funeral director may not embalm or restore a dead human body, take charge of the remains of a person dead of a communicable disease, or prepare for transportation by common carrier a human body dead of a communicable disease.
 (b) [Repealed, Sec. 62 ch 21 SLA 1991].
 (c) In the event the dead body is to be disposed of in a manner not requiring embalming, the department may issue a permit to an unlicensed person for the care and disposition of dead human bodies for compensation. This permit otherwise in no way licenses the holder to practice mortuary science.
 Sec. 08.42.030. - Examination of applicants for license to practice mortuary science.
 The department is granted authority to examine all applicants for a license to practice mortuary science and to determine whether an applicant possesses the necessary qualifications. The department shall hold an examination at least once each year at the place and time the department may determine.
 Sec. 08.42.040. - Application for license to practice mortuary science.
 The applicant for an examination for a license to practice as an embalmer or as a funeral director shall make application to the department in writing on a form provided by the department.
 Sec. 08.42.050. - Qualifications for license to practice mortuary science.
 (a) In order to qualify for a license to practice embalming, the applicant shall
 (1) be at least 18 years of age;
 (2) have graduated from an accredited school or college of mortuary science;
 (3) have taken and passed the examination for a license to practice embalming conducted by the department;
 (4) have completed at least one year of apprenticeship as a trainee under a licensed embalmer.
 (b) In order to qualify for a license to practice funeral directing, the applicant shall
 (1) be at least 18 years of age;
 (2) have satisfactorily completed at least one year (30 semester credit hours) at an accredited college or university;
 (3) have taken and passed the examination for a license to practice funeral directing conducted by the department;
 (4) have completed at least one year of apprenticeship as a trainee under a person licensed to practice funeral directing in this state.
 Sec. 08.42.060. - Scope and conduct of examination for a license to practice mortuary science.
 (a) The department shall examine applicants for an embalmer's license; the examination may include any or all of the following subjects: (1) theory and practice of embalming, (2) anatomy, (3) pathology, (4) bacteriology, (5) hygiene, including sanitation and public health, (6) chemistry, including toxicology, (7) restorative arts, including plastic surgery and demi-surgery, (8) funeral service arts and sciences, and funeral service administration, including accounting, funeral law, psychology, funeral principles, directing and management, (9) Alaska vital statistics law, and (10) the provisions of this chapter and the regulations adopted by the department under this chapter. The department shall examine applicants for a funeral director's license; the examination may include any or all of the subjects included in (8), (9) and (10) of this subsection. The department may use the examination provided by the Conference of Funeral Service Examining Boards of the United States, Inc. where it is applicable to the subjects in this section.
 (b) A passing grade in the examination is an average grade of at least 75 percent with no individual subject grade of less than 70 percent.
 (c) If an applicant receives an average grade of at least 75 percent, but receives a grade of less than 70 percent in three or fewer individual subjects, the applicant may be reexamined only in those subjects. The applicant is entitled to reexamination on individual subjects only once. A grade of at least 70 percent in each of the subjects in which the applicant is reexamined is sufficient to constitute a passing grade.
 (d) Except as provided in (c) of this section, an applicant shall be reexamined in all subjects if the applicant reapplies for examination.
 Sec. 08.42.070. - Reciprocity.
 (a) The department may recognize the license issued to an embalmer or funeral director from another state if the applicant
 (1) furnishes proof satisfactory to the department that the applicant has complied, in the state in which the applicant is licensed, with requirements substantially equal to the requirements of this chapter; or furnishes proof satisfactory to the department that the applicant meets the applicable requirements for the license for which the applicant is applying except for the apprenticeship and examination provisions and that the applicant is licensed in another state and has practiced mortuary science for at least one year in a state where the applicant is licensed; and
 (2) takes and passes the examination provided for in (b) of this section.
 (b) The department shall examine each applicant under this section on the following subjects: Alaska vital statistics law, the provisions of this chapter, and the regulations adopted by the department under this chapter.
 Sec. 08.42.080. - License. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.100 ].
 Repealed or Renumbered
 Sec. 08.42.085. - Qualifications for trainees.
 (a) A person may apprentice as an embalmer trainee if the person
 (1) is at least 18 years of age;
 (2) applies on a form provided by the department; and
 (3) furnishes evidence satisfactory to the department that an embalmer licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100 .
 (b) A person may apprentice as a funeral director trainee if the person
 (1) is at least 18 years of age;
 (2) applies on a form provided by the department; and
 (3) furnishes evidence satisfactory to the department that a funeral director licensed in this state will supervise the training and that the training will take place in a funeral establishment that meets the requirements of AS 08.42.100 .
 (c) The department shall issue a permit valid for one year to an applicant who meets the requirements of this section. The department shall renew a permit for one year if the trainee applies for renewal on a form provided by the department and shows that the training activity continues to satisfy the requirements of this section. The department shall charge a fee for processing applications and renewals under this section that will be sufficient to cover administrative costs.
 (d) A person may apprentice as a funeral director trainee or as an embalmer trainee for no more than two years.
 Sec. 08.42.090. - Grounds for refusal to issue or renew licenses and suspension or revocation of licenses.
 When the department has reason to believe that an applicant or licensee has been guilty of any of the following acts or omissions, it may conduct an investigation, and the department may, after proper hearing and notice in accordance with AS 44.62 (Administrative Procedure Act), refuse to issue, refuse to renew, or may suspend or revoke, a license upon a finding by the department of any of the following acts or omissions:
 (1) fraud or misrepresentation in obtaining a license;
 (2) misrepresentation or fraud in the practice of mortuary science;
 (3) false or misleading advertising;
 (4) aiding or abetting an unlicensed person to practice mortuary science;
 (5) using a casket or part of a casket which has previously been used as a receptacle for the burial or other final disposition of another dead human body;
 (6) refusing to promptly surrender the custody of a dead human body upon the order of the person lawfully entitled to custody;
 (7) solicitation of a dead human body by the licensee, the licensee's agents, servants or employees, if solicitation occurs after death, or while death is impending but this does not prohibit advertising or sales made on a pre-need basis;
 (8) employment by the licensee of any person for the purpose of calling upon individuals or institutions to influence them to turn over a dead human body to a particular licensee immediately before an impending death or after death;
 (9) the direct or indirect payment or offer of payment for the purpose of obtaining a dead body by the licensee, the licensee's agents, servants or employees immediately before an impending death or after death;
 (10) immediately before impending death or after death, solicitation or acceptance by a licensee of any payment for recommending or causing a dead human body to be disposed of in a specific crematory, mausoleum or cemetery; however, this section does not prevent the recommendation or solicitation for sales of space and merchandise in a specific crematory, mausoleum or cemetery, if the licensee has an ownership interest in the specific crematory, mausoleum or cemetery and the ownership interest is disclosed at the time of the solicitation, recommendation or sale;
 (11) violation of a state law or regulation or municipal ordinance or regulation or federal law or regulation affecting the disposition of a dead human body, or contracts relating to the disposition of a dead human body;
 (12) violation of any of the provisions of this chapter;
 (13) conviction of a felony involving moral turpitude.
 Sec. 08.42.100. - Funeral establishment permit.
 After January 1, 1977, a person may not conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the department and is conspicuously displayed in the funeral establishment. Each permit is valid only for one specific location, and each firm operating from the same funeral establishment shall obtain a separate permit. The department shall issue a permit to operate a funeral establishment upon application for the permit on a form provided by the department. All permits expire at the time established under AS 08.01.100 and may be renewed for successive terms. Violation of a provision of AS 08.42.090 by a person operating a funeral establishment or, with that person's knowledge or consent, by an employee is considered sufficient cause for suspension or revocation of the funeral establishment permit.
 Sec. 08.42.110. - [Renumbered as AS 08.42.200 ].
 Repealed or Renumbered
 Sec. 08.42.120. - Violations; penalties.
 A person who violates or aids a person in a violation of this chapter is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year or by a fine of not more than $5,000.
 Sec. 08.42.130. - Enforcement by attorney general.
 The attorney general may bring an action in the superior court to enjoin a person from violating the provisions of this chapter.
 Sec. 08.42.200. - Definitions.
 In this chapter,
 (1) "department" means the Department of Commerce and Economic Development;
 (2) "funeral establishment" means every place devoted to or used in the care and preparation for disposition of dead human bodies, or as the office or place for carrying on the profession of mortuary science, or for any combination of these;
 (3) "mortuary science" means embalming of dead human bodies, taking charge of the remains of those dead of a communicable disease, or preparing dead human bodies for shipment, directing or supervising funerals;
 (4) "trainee" means a person who has met the qualifications set out in AS 08.42.085 (a) and is engaged in learning the practice of embalming under the direction and control of a person properly licensed to practice embalming, or a person who has met the qualifications set out in AS 08.42.085 (b) and is engaged in learning the practice of funeral directing under the direction and control of a person properly licensed to practice funeral directing.
 Chapter 08.44. - EMBALMERS
 Chapter 08.45. - NATUROPATHS
 Sec. 08.45.010. - Practice of naturopathy without license prohibited.
 A person may not practice naturopathy in the state without a license.
 Sec. 08.45.020. - Application for license.
 A person desiring to practice naturopathy shall apply in writing to the division of occupational licensing of the Department of Commerce and Economic Development.
 Sec. 08.45.030. - Issuance of license.
 The division shall issue a license to practice naturopathy to an applicant who provides proof satisfactory to the division that the applicant has received a degree from an accredited four-year college or university, and
 (1) on or before December 1, 1987, has graduated from a school of naturopathy that required four years of attendance at the school and after graduation has received a license in another state after passing an examination for licensure in that state and is licensed by a state at the time of application; or
 (2) after December 31, 1987, has
 (A) graduated from a school of naturopathy that required four years of attendance at the school and at the time of graduation the school was accredited or a candidate for accreditation by the Council on Naturopathic Medical Education or a successor organization recognized by the United States Department of Education; and
 (B) passed the Naturopathic Physicians Licensing Examination.
 Sec. 08.45.035. - Temporary licenses.
 (a) The division shall issue a temporary license to practice naturopathy to an applicant who has applied for and is qualified to take the next Naturopathic Physicians Licensing Examination offered after the date of application and provides proof satisfactory to the division that the applicant
 (1) meets the requirements of AS 08.45.030 (2)(A); and
 (2) has not previously failed the Naturopathic Physicians Licensing Examination.
 (b) A temporary license issued under (a) of this section terminates on the date
 (1) the results of the examination the applicant agreed to take under (a) of this section are reported by the testing authority if the applicant failed the examination; or
 (2) of the Naturopathic Physicians Licensing Examination that the applicant agreed to take under (a) of this section if the applicant fails to take the examination.
 (c) A temporary license holder may practice only in the office of a naturopath licensed by this state.
 Sec. 08.45.040. - Disclosures required by person who practices naturopathy.
 (a) A person who practices naturopathy shall clearly disclose that the person's training and practice is in naturopathy
 (1) to each patient; and
 (2) on all material used in the practice of naturopathy and made available to patients or to the public.
 (b) A person who practices naturopathy without being covered by malpractice insurance shall disclose to each patient that the person does not have the insurance.
 Sec. 08.45.050. - Restrictions on practice of naturopathy.
 A person who practices naturopathy may not
 (1) give, prescribe, or recommend in the practice
 (A) a prescription drug;
 (B) a controlled substance;
 (C) a poison;
 (2) engage in surgery;
 (3) use the word "physician" in the person's title.
 Sec. 08.45.060. - Grounds for suspension, revocation, or refusal to issue a license.
 The division may, after a hearing, impose a disciplinary sanction on a person licensed under this chapter when the division finds that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;
 (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the division;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
 (C) physical or mental disability;
 (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients.
 Sec. 08.45.070. - Disciplinary sanctions.
 (a) When it finds that a licensee under this chapter has violated AS 08.45.040 - 08.45.050 or is guilty of an offense under AS 08.45.060 , the division may impose the following sanctions singly or in combination:
 (1) permanently revoke the license to practice;
 (2) suspend the license for a determinate period of time;
 (3) censure the licensee;
 (4) issue a letter of reprimand to the licensee;
 (5) place the licensee on probationary status and require the licensee to
 (A) report regularly to the division upon matters involving the basis of probation;
 (B) limit practice to those areas prescribed;
 (C) continue professional education until a satisfactory degree of skill has been attained in areas determined by the division to need improvement;
 (6) impose limitations or conditions on the practice of the licensee.
 (b) The division may withdraw probationary status of a licensee if it finds that the deficiencies that required the sanction have been remedied.
 (c) The division may summarily suspend a license before final hearing or during the appeals process if the division finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A licensee whose license is suspended under this section is entitled to a hearing by the division no later than seven days after the effective date of the order. The licensee may appeal the suspension after a hearing to a court of competent jurisdiction.
 Sec. 08.45.080. - Unlicensed practice a misdemeanor.
 A person who practices naturopathy in the state without a license in violation of AS 08.45.010 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 a year, or by both.
 Sec. 08.45.090. - Fraudulent license.
 A person who obtains or attempts to obtain a naturopathic license by dishonest or fraudulent means or who forges, counterfeits, or fraudulently alters a naturopathic license is punishable by a fine of not more than $500, or by imprisonment for not more than six months, or by both.
 Sec. 08.45.100. - Regulations.
 The Department of Commerce and Economic Development shall adopt regulations to implement this chapter.
 Sec. 08.45.200. - Definitions.
 In this chapter,
 (1) "controlled substance" has the meaning given in AS 11.71.900 ;
 (2) "division" means the division of occupational licensing in the Department of Commerce and Economic Development;
 (3) "naturopathy" means the use of hydrotherapy, dietetics, electrotherapy, sanitation, suggestion, mechanical and manual manipulation for the stimulation of physiological and psychological action to establish a normal condition of mind and body; in this paragraph, "dietetics" includes herbal and homeopathic remedies.
 Chapter 08.48. - ARCHITECTS, ENGINEERS, AND LAND SURVEYORS
 Sec. 08.48.010. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.011. - Board created.
 (a) There is created the State Board of Registration for Architects, Engineers and Land Surveyors. The board shall administer the provisions of this chapter and comply with AS 44.62 (Administrative Procedure Act).
 (b) The board consists of 10 members appointed by the governor having the qualifications as set out in AS 08.48.031 . The board consists of two civil engineers, two land surveyors, one mining engineer, one electrical or mechanical engineer, one engineer from another branch of the profession of engineering, two architects, and one public member.
 Sec. 08.48.020. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.021. - Appointments.
 (a) The governor shall give each member of the board a certificate of appointment, and the member shall file with the lieutenant governor a written oath or affirmation for faithful discharge of the member's official duty.
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 Sec. 08.48.030. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.031. - Qualifications.
 Each member of the board must have been a resident in the state for three consecutive years immediately preceding appointment and, except for the public member, must be registered and have a minimum of five years of professional practice in the member's respective field.
 Sec. 08.48.040. - [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.48.041. - Removal of members.
 The governor may remove a member of the board for misconduct, incompetency, or neglect of duty.
 Sec. 08.48.050. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.051. - Organization and meetings.
 The board shall hold at least four regular meetings each year. Special meetings may be held as the bylaws of the board provide. The board shall elect or appoint annually from its members the following officers: chair, vice-chair, and secretary.
 Sec. 08.48.060. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.061. - Finances.
 (a) All money derived under the provisions of this chapter shall be deposited in the general fund.
 (b) Each member of the board is entitled to receive per diem and travel expenses as authorized by law for other boards and commissions.
 (c) The board may make expenditures from appropriated funds for any purpose that is reasonably necessary for the proper performance of its duties under this chapter. This may include the expenses of the board delegates to meetings of councils of architect examiners, engineering examiners, land surveyor examiners, or landscape architect examiners, or any of their subdivisions. The total amount of warrants issued in payment of the expenses incurred under this chapter may not exceed the amount of money appropriated by the legislature.
 Sec. 08.48.070. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.071. - Records and reports.
 (a) The following record of the board's proceedings and of all applications for registration or authorization shall be kept by the Department of Commerce and Economic Development under AS 08.01.050 :
 (1) the name, age, and last known address of each applicant;
 (2) the date of application;
 (3) the place of business of the applicant;
 (4) the education, experience, and other qualifications;
 (5) the type of examination required;
 (6) whether or not the applicant was rejected;
 (7) whether or not a certificate of registration or authorization was granted or endorsed;
 (8) the date of the action of the board;
 (9) other action taken by the board;
 (10) other information that may be considered necessary by the board.
 (b) The record of the board is prima facie evidence of the proceedings of the board, and a transcript, certified by the secretary, is admissible as evidence with the same effect as if the original were produced.
 (c) [Repealed, Sec. 6 ch 19 SLA 1998, June 28, 1998].
 (d) Board records and papers of the following class are of a confidential nature and are not public records: examination material for examinations not yet given, file records of examination problems, solutions, letters of inquiry and reference concerning applicants, board inquiry forms concerning applicants, investigation files if an investigation is still pending, and all other matters of a like confidential nature.
 (e) The Department of Commerce and Economic Development shall, under AS 08.01.050 , preserve the records under (a) of this section for the previous five years.
 (f) The Department of Commerce and Economic Development shall assemble statistics relating to the performance of its staff and the performance of the board, including but not limited to,
 (1) the number of architects, engineers, land surveyors, and landscape architects registered over a five-year period;
 (2) the rate of passage of examinations administered by the board;
 (3) the number of persons making application for registration as a professional architect, engineer, land surveyor, or landscape architect over a five-year period;
 (4) an account of registration fees collected under AS 08.01.065 ;
 (5) a measure of the correspondence workload of any licensing examiner employed by the department to carry out this chapter.
 Sec. 08.48.080. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.081. - Roster. [Repealed, Sec. 9 ch 2 SLA 1990].
 Repealed or Renumbered
 Sec. 08.48.090. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.091. - Written examinations.
 Written examinations shall be held at least once each year at places determined by the board. A candidate failing an examination may apply for reexamination in accordance with regulations adopted by the board.
 Sec. 08.48.100. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.101. - Regulations; bylaws; code of ethics.
 (a) The board may adopt regulations to carry out the purpose of this chapter, including, but not limited to
 (1) describing the contents of an examination;
 (2) establishing the conduct of an examination;
 (3) establishing a minimum score for passing an examination;
 (4) establishing bylaws governing its meetings and activities;
 (5) publishing a code of ethics or professional conduct for those persons regulated by this chapter, including corporations under AS 08.48.241.
 (b) [Repealed, Sec. 6 ch 19 SLA 1998, June 28, 1998].
 Sec. 08.48.110. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.111. - Power to revoke, suspend, or reissue certificate.
 The board may suspend, refuse to renew, or revoke the certificate of or reprimand a registrant or corporation who is found guilty of (1) fraud or deceit in obtaining a certificate; (2) gross negligence, incompetence, or misconduct in the practice of architecture, engineering, land surveying, or landscape architecture; or (3) a violation of this chapter, a regulation adopted under this chapter, or the code of ethics or professional conduct as adopted by the board. The code of ethics or professional conduct shall be distributed in writing to every registrant and applicant for registration under this chapter. This publication and distribution of the code of ethics or professional conduct constitutes due notice to all registrants. The board may revise and amend its code and, upon doing so, shall immediately notify each registrant in writing of the revisions or amendments. The board may, upon petition of the registrant or corporation, reissue a certificate if a majority of the members of the board vote in favor of the reissuance.
 Sec. 08.48.120. - [Repealed, Sec. 2 ch 27 SLA 1968].
 Repealed or Renumbered
 Sec. 08.48.121. - Disciplinary action and procedure.
 Any person may file with the secretary of the board a charge of fraud, deceit, gross negligence, incompetence, misconduct, or violation of this chapter, a regulation adopted under it, or the code of ethics of the board. The charge, constituting an accusation under AS 44.62 (Administrative Procedure Act), shall be in writing and sworn to by the person making it. A charge may be dismissed by the board as unfounded or trivial.
 Sec. 08.48.130. - [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.48.131. - Injunction.
 The board may bring an action in the superior court to enforce compliance with this chapter or an order of the board or to enjoin a person from doing an act that violates this chapter.
 Sec. 08.48.140. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Sec. 08.48.141. - Legal counsel.
 The attorney general of the state shall act as legal advisor to the board and render legal assistance upon request of its chair.
 Sec. 08.48.150. - 08.48.170. - [Repealed, Sec. 1 ch 179 SLA 1972].
 Repealed or Renumbered
 Chapter 08.52. - EXPLOSIVES HANDLERS
 Sec. 08.52.010. - Power to adopt regulations.
 The Department of Labor, referred to in this chapter as "department", may issue orders and adopt regulations relating to the storage and use of explosives necessary to carry out the purposes of this chapter.
 Sec. 08.52.020. - Certificate of fitness required.
 In connection with an excavation, tunnel, quarry, earth removal, or construction carried on in this state, a person may not be employed without a certificate of fitness, while engaged in
 (1) emplacing explosives for detonation;
 (2) installing primers, fuses, wires, or other means of detonation; or
 (3) detonating explosives.
 Sec. 08.52.030. - Application for and issuance of certificate.
 The department shall issue certificates of fitness. A 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 that the department requires.
 Sec. 08.52.040. - Issuance and contents of certificate.
 If, upon investigation and examination by the department, the applicant is found competent by reason of training, experience, and physical fitness, 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 handling explosives.
 Sec. 08.52.050. - Fee.
 An applicant for a certificate of fitness shall pay a fee at the time of application in the amount established by regulations adopted by the department.
 Sec. 08.52.060. - Duration of certificate.
 A certificate of fitness is effective for three years from the date of issue. The department may cancel a certificate for cause.
 Sec. 08.52.070. - Persons exempt.
 Persons employed in mining operations as defined in AS 27.20.061 are exempt from the provisions of this chapter.
 Sec. 08.52.080. - Violations and penalties.
 An employer who violates a provision of this chapter or a regulation adopted or order made under authority of this chapter is punishable by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both. Each day's continuance of a violation constitutes a separate offense.
 Chapter 08.54. - BIG GAME GUIDES AND RELATED OCCUPATIONS
 Sec. 08.54.010. - Guide Board. [Repealed, Sec. 18 ch 37 SLA 1989].
 Repealed or Renumbered
 Sec. 08.54.020. - Appointment and term of office. [Repealed, Sec. 49 ch 94 SLA 1987].
 Repealed or Renumbered
 Sec. 08.54.030. - 08.54.141. - Board powers and duties, etc.; licensing. [Repealed, Sec. 18 ch 37 SLA 1989].
 Repealed or Renumbered
 Sec. 08.54.142. - 08.54.146. - Transporter licensing. [Repealed, Sec. 27 ch 71 SLA 1986].
 Repealed or Renumbered
 Sec. 08.54.150. - 08.54.180. - Miscellaneous licensing provisions. [Repealed, Sec. 18 ch 37 SLA 1989].
 Repealed or Renumbered
 Sec. 08.54.185. - Additional fees. [Repealed, Sec. 27 ch 71 SLA 1986].
 Repealed or Renumbered
 Sec. 08.54.186. - 08.54.240. - Exams; restricted areas; prohibitions; general provisions. [Repealed, Sec. 18 ch 37 SLA 1989].
 Repealed or Renumbered
 Sec. 08.54.300. - 08.54.590. - Guides and related occupations. [Repealed, Sec. 16 ch 33, SLA 1996].
 Repealed or Renumbered
 Sec. 08.54.600. - Duties of department.
 (a) The Department of Commerce and Economic Development shall
 (1) prepare, grade, and administer
 (A) a qualification examination for a registered guide license that requires demonstration that the applicant is qualified generally to provide guided and outfitted hunts and, in particular, possesses knowledge of fishing, hunting, and guiding laws and regulations; and
 (B) a certification examination for each game management unit in which the registered guide intends to provide big game hunting services; the examination must require demonstration that the registered guide is qualified to provide guided and outfitted hunts in the game management unit for which the registered guide seeks to be certified and, in particular, must require demonstration that the registered guide possesses knowledge of the terrain, transportation problems, game, and other characteristics of the game management unit;
 (2) issue registered guide, master guide, class-A assistant guide, assistant guide, and transporter licenses;
 (3) compile, maintain, and publish an annual roster of registered guides and master guides licensed under this chapter; a person listed in the roster whose license is revoked or suspended shall be removed from the roster while the person's license is revoked or suspended;
 (4) impose appropriate disciplinary sanctions on a licensee under AS 08.54.600 - 08.54.790;
 (5) require an applicant for issuance or renewal of any class of guide license or of a transporter license to state in a written and signed document whether the applicant's right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is revoked or suspended in this state or another state or in Canada;
 (6) regularly disseminate information regarding examinations and other qualifications for all classes of guide licenses to residents of the rural areas of the state;
 (7) adopt procedural and substantive regulations required by this chapter;
 (8) administer examinations for registered guides at least twice a year; an examination may not be given within 90 days after the previous examination; at least once every other year the department shall give the examination at a location other than Anchorage.
 (b) The department shall provide for administration of an oral examination for a registered guide license or for a game management unit certification if an applicant experiences a specific language disability.
 Sec. 08.54.605. - Eligibility for licenses.
 (a) Notwithstanding AS 08.54.610 , 08.54.620, 08.54.630, 08.54.650, and 08.54.660, a person may not receive or renew a registered guide license, master guide license, class-A assistant guide license, assistant guide license, or transporter license if
 (1) the person has been convicted of
 (A) a state hunting, guiding, or transportation services statute or regulation within the last five years for which the person was fined more than $1,000 or imprisoned for more than five days;
 (B) a felony within the last five years; or
 (C) a felony offense against the person under AS 11.41 within the last 10 years; or
 (2) the person's right to obtain, or exercise the privileges granted by, a hunting, guiding, outfitting, or transportation services license is suspended or revoked in this state or another state or in Canada.
 (b) Notwithstanding (a) of this section, (a)(1)(B) and (C) of this section are not applicable to offenses committed by a person who receives or received any class of guide license or a transporter license under sec. 13, ch. 33, SLA 1996, if the offense was committed before May 23, 1996. This subsection does not apply when a person applies for a license that is different from the class of guide license or the transporter license received under sec. 13, ch. 33, SLA 1996.
 (c) A person may not receive a certification for a game management unit if the person is prohibited by (a) of this section from receiving or renewing a registered guide license or master guide license.
 Sec. 08.54.610. - Registered guide license.
 (a) A natural person is entitled to a registered guide license if the person
 (1) is 21 years of age or older;
 (2) has practical field experience in the handling of firearms, hunting, judging trophies, field preparation of meat and trophies, first aid, photography, and related guiding and outfitting activities;
 (3) either
 (A) has passed the qualification examination prepared and administered by the department under AS 08.54.600 ; or
 (B) provides evidence of 25 years of experience as a class-A assistant guide or class-A assistant guide-outfitter;
 (4) has passed a certification examination prepared and administered by the department under AS 08.54.600 for at least one game management unit;
 (5) has legally hunted in the state for part of each of any five years in a manner directly contributing to the person's experience and competency as a guide;
 (6) has been licensed as and performed the services of a class-A assistant guide or assistant guide, or of a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 - 08.54.590, in the state for a part of each of three years;
 (7) is capable of performing the essential duties associated with guiding and outfitting;
 (8) has been favorably recommended in writing by eight big game hunters whose recommendations have been solicited by the department from a list provided by the applicant, including at least two favorable recommendations for each year of any three years during which the person was a class-A assistant guide or assistant guide, or a class-A assistant guide-outfitter or assistant guide-outfitter under former AS 08.54.300 - 08.54.590;
 (9) has provided proof of financial responsibility if required by the department under AS 08.54.680 ; and
 (10) has applied for a registered guide license on a form provided by the department and paid the license application fee and the registered guide license fee.
 (b) A master guide license authorizes a registered guide to use the title master guide, but is for all other purposes under this chapter a registered guide license. A natural person is entitled to receive a renewable master guide license if the person
 (1) is, at the time of application for a master guide license, licensed as a registered guide under this section;
 (2) has been licensed in this state as a registered guide or a guide-outfitter, under former AS 08.54.010 - 08.54.240, former AS 08.54.300 - 08.54.590, or this chapter, for at least 12 of the last 15 years, including the year immediately preceding the year in which the person applies for a master guide license;
 (3) submits a list to the department of at least 25 clients for whom the person has personally provided guiding or outfitting services and the person receives a favorable evaluation from 10 of the clients selected from the list by the department; and
 (4) applies for a master guide license on a form provided by the department and pays the application fee, if any.
 (c) A registered guide may contract to guide or outfit hunts for big game and may provide transportation services, personally or through an assistant, to big game hunters who are clients of the guide.
 (d) A person who is licensed as a registered guide may be employed by another registered guide to perform the functions of a registered guide or class-A assistant guide in the game management unit for which the person is certified under AS 08.54.600 or of an assistant guide in any game management unit.
 (e) A registered guide who contracts for a guided hunt shall be
 (1) physically present in the field with the client at least once during the contracted hunt; and
 (2) in the field and participating in the contracted hunt, unless the hunt is being conducted by a class-A assistant guide or a registered guide employed by the contracting registered guide.
 Sec. 08.54.620. - Class-A assistant guide license.
 (a) A natural person is entitled to a class-A assistant guide license if the person
 (1) is 21 years of age or older;
 (2) applies for a class-A assistant guide license on a form provided by the department and pays the license application fee and the license fee; and
 (3) either
 (A) has
 (i) been employed during at least three calendar years as any class of licensed guide in the game management unit for which the license is sought; and
 (ii) at least 10 years' hunting experience in the state; military service outside of the state for not more than three years shall be accepted as part of the required 10 years' hunting experience; or
 (B) provides
 (i) evidence that the person physically resides in the game management unit in which the person is to be employed;
 (ii) evidence that the person has had at least 15 years' hunting experience in the game management unit in which the person is to be employed; military service outside of the state for not more than three years shall be accepted as part of the required 15 years' hunting experience; and
 (iii) a written recommendation from a registered guide, state trooper, state fish and wildlife law enforcement officer, or state fish or game biologist who is familiar with the person or who intends to employ the person as a class-A assistant guide.
 (b) A class-A assistant guide
 (1) may not contract to guide or outfit a big game hunt;
 (2) shall be employed by and under the supervision of a registered guide who has contracted with the client for whom the class-A assistant guide is conducting the hunt;
 (3) may take charge of a camp and conduct guide activities from the camp without the contracting registered guide being in the field and participating in the contracted hunt if the contracting registered guide is supervising the guiding activities;
 (4) may not perform functions of a class-A assistant guide outside of the game management unit for which the license is issued; and
 (5) may be employed by a registered guide to perform the functions of an assistant guide in any game management unit.
 Sec. 08.54.630. - Assistant guide license.
 (a) A natural person is entitled to an assistant guide license if the person
 (1) is 18 years of age or older;
 (2) has legally hunted in the state during two calendar years;
 (3) possesses a first aid card issued by the Red Cross or a similar organization;
 (4) obtains a written recommendation from a registered guide, state trooper, state fish and wildlife law enforcement officer, or state fish or game biologist who is familiar with the person or who intends to employ the person as an assistant guide; and
 (5) applies for an assistant guide license on a form provided by the department and pays the license application fee and the license fee.
 (b) An assistant guide
 (1) may not contract to guide or outfit a big game hunt;
 (2) shall be employed by a registered guide and under the supervision of a registered guide or class-A assistant guide while the assistant guide is in the field on guided hunts; and
 (3) may not take charge of a camp or conduct guide activities unless the contracting registered guide is in the field and participating in the contracted hunt or a registered guide or class-A assistant guide employed by the contracting guide is physically present and supervising the hunt.
 Sec. 08.54.640. - Law enforcement officers and game biologists.
 (a) Notwithstanding AS 08.54.610 - 08.54.630 and except as provided in (b) of this section, a person may not hold, or earn experience credits to apply for, a registered guide license under this chapter, while the person is a law enforcement officer and for three months after terminating the person's status as a law enforcement officer.
 (b) A registered guide license, class-A assistant guide license, or assistant guide license issued under this chapter, or under former provisions of AS 08.54.300 - 08.54.590, after May 16, 1992, is suspended if the person to whom the license is issued subsequently becomes a law enforcement officer. A person whose license is subject to suspension under this subsection shall notify the department that the person has become a law enforcement officer within 30 days after becoming a law enforcement officer. The suspension of a license under this subsection remains in effect until three months have elapsed from the date on which the licensee provides written notification to the department of the fact that the person is no longer a law enforcement officer. A person whose license is suspended under this subsection is not required to renew the license or pay license renewal fees for the period of suspension. Once a suspension of a license is terminated, the licensee may provide, without further payment of a guide license fee, the guide services authorized by the license for the remainder of the licensing period in which the suspension is terminated. Notwithstanding other provisions of this subsection, if a person whose license is suspended under this subsection fails to notify the department within one year after the person is no longer a law enforcement officer, the person's license lapses and the person is eligible for reissuance of the license only as provided in AS 08.54.670 . The department may adopt regulations to implement this subsection.
 (c) A person who holds any class of guide license and who is employed by the Department of Fish and Game or a federal wildlife management agency may not, while employed by the department or agency as a game or wildlife biologist and for 12 months after leaving employment with the department or agency as a game or wildlife biologist, engage in providing big game hunting services in a game management unit in which the person conducted game or wildlife management or research activities for the department or agency at any time during the preceding 12 months.
 (d) In this section, "law enforcement officer" means a person who is
 (1) employed by the Department of Public Safety as a state trooper or as a law enforcement officer engaged in fish and wildlife protection; or
 (2) employed as a fish and wildlife law enforcement officer by the United States Department of the Interior or the United States Department of Agriculture.
 Sec. 08.54.650. - Transporter license.
 (a) A person is entitled to a transporter license if the person
 (1) applies for a transporter license on a form provided by the department; and
 (2) pays the license application fee and the license fee.
 (b) A transporter may provide transportation services and accommodations to big game hunters in the field at a permanent lodge, house, or cabin owned by the transporter or on a boat with permanent living quarters located on salt water. A transporter may not provide big game hunting services without holding the appropriate license.
 (c) A transporter shall provide an annual activity report on a form provided by the department. An activity report must contain information required by the department by regulation.
 Sec. 08.54.660. - Renewal of guide and transporter licenses.
 (a) An applicant for renewal of a registered guide, class-A assistant guide, assistant guide, or transporter license shall submit
 (1) a request for renewal of the license on a form provided by the department; and
 (2) the appropriate license fee for the next licensing period.
 (b) The department may not renew a registered guide license under this section unless all fees have been paid in full and all hunt records due during the term of the current license have been filed with the department.
 (c) The department may not renew a transporter license unless all fees have been paid in full and all activity reports due during the term of the current license have been filed with the department.
 Sec. 08.54.670. - Failure to renew.
 The department may not issue a license to a person who held a registered guide, class-A assistant guide, or assistant guide license and who has failed to renew the license under this chapter for four consecutive years unless the person again meets the qualifications for initial issuance of the license.
 Sec. 08.54.680. - Financial responsibility and other requirements for guides and transporters.
 (a) The department may require a registered guide, who contracts to guide or outfit a big game hunt, or a transporter to provide proof of financial responsibility up to the amount of $100,000. A registered guide or transporter may demonstrate financial responsibility by assets, insurance, or a bond in the requisite amount.
 (b) If a registered guide, class-A assistant guide, or an assistant guide personally pilots an aircraft to transport clients during the provision of big game hunting services, the registered guide, class-A assistant guide, or assistant guide shall have a commercial pilot's rating or a minimum of 500 hours of flying time in the state.
 Sec. 08.54.710. - Discipline of guides and transporters.
 (a) The department may impose a disciplinary sanction in a timely manner under (c) of this section if the department finds after a hearing that a licensee
 (1) is convicted of a violation of a state statute or regulation relating to hunting or to provision of big game hunting services or transportation services; or
 (2) has failed to file records or reports required under this chapter.
 (b) The department may impose a disciplinary sanction in a timely manner under (c) (3) - (7) of this section if the department finds after a hearing that a licensee is incompetent as a registered guide, class-A assistant guide, assistant guide, or transporter.
 (c) The department may impose the following disciplinary sanctions, singly or in combination:
 (1) permanently revoke a license;
 (2) suspend a license for a specified period;
 (3) censure or reprimand a licensee;
 (4) impose limitations or conditions on the professional practice of a licensee;
 (5) impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of the licensee;
 (6) impose probation requiring a licensee to report regularly to the department on matters related to the grounds for probation;
 (7) impose a civil fine not to exceed $1,000.
 (d) The department shall permanently revoke a transporter license or any class of guide license if the department finds after a hearing that the license was obtained through fraud, deceit, or innocent misrepresentation.
 (e) The department shall suspend or permanently revoke a transporter license or any class of guide license without a hearing if the court orders the department to suspend or permanently revoke the license as a penalty for conviction of an unlawful act under AS 08.54.720 . If the department suspends or permanently revokes a license under this subsection, the department may not also impose an administrative disciplinary sanction of suspension or permanent revocation of the same license for the same offense for which the court ordered the suspension or permanent revocation under AS 08.54.720 .
 (f) A certified copy of a judgment of conviction of a licensee for an offense is conclusive evidence of the commission of that offense in a disciplinary proceeding instituted against the licensee under this section based on that conviction, regardless of whether the conviction resulted from a plea of nolo contendere or the conviction is under appeal, unless the conviction is overturned on appeal.
 (g) A person whose license is suspended or revoked under this section may not engage in the provision of big game hunting services or transportation services during the period of license suspension or revocation.
 (h) If the department revokes a license under this section, the person whose license has been revoked shall immediately surrender the license to the department.
 (i) The department may summarily suspend a licensee from practice of the profession under this chapter, for a period of not more than 30 days, before a final hearing is held or during an appeal if the department finds that the licensee poses a clear and immediate danger to the public health and safety. A person is entitled to a hearing before the department to appeal the summary suspension within seven days after the order of suspension is issued. A person may appeal an adverse decision of the department on an appeal of summary suspension to a court of competent jurisdiction.
 Sec. 08.54.720. - Unlawful acts.
 (a) It is unlawful for a
 (1) person who is licensed under this chapter to knowingly fail to promptly report to the Department of Public Safety, division of fish and wildlife protection, and in no event later than 20 days, a violation of a state game, guiding, or transportation services statute or regulation that the person reasonably believes was committed by a client or an employee of the person;
 (2) person who is licensed under this chapter to intentionally obstruct or hinder or attempt to obstruct or hinder lawful hunting engaged in by a person who is not a client of the person;
 (3) class-A assistant guide or an assistant guide to knowingly guide a hunt except while employed and supervised by a registered guide;
 (4) person who holds any class of guide license to knowingly enter or remain on private land without prior authorization during the course of providing big game hunting services;
 (5) registered guide to knowingly engage in providing big game hunting services outside of
 (A) a game management unit for which the registered guide is certified; or
 (B) a use area for which the registered guide is registered under AS 08.54.750 unless the registration requirement for the area has been suspended by the Department of Fish and Game;
 (6) person to knowingly guide without having a current registered guide, class-A assistant guide, or assistant guide license and hunting license in actual possession;
 (7) registered guide to knowingly fail to comply with AS 08.54.610(e);
 (8) person who is licensed under this chapter to knowingly
 (A) commit or aid in the commission of a violation of this chapter, a regulation adopted under this chapter, or a state game statute or regulation; or
 (B) permit the commission of a violation of this chapter, a regulation adopted under this chapter, or a state game statute or regulation that the person knows or reasonably believes is being or will be committed without
 (i) attempting to prevent it, short of using force; and
 (ii) reporting the violation;
 (9) person without a current registered guide license to knowingly guide, advertise as a registered guide, or represent to be a registered guide;
 (10) person without a current master guide license to knowingly advertise as, or represent to be, a master guide;
 (11) person without a current registered guide license to knowingly outfit a big game hunt, advertise as an outfitter of big game hunts, or represent to be an outfitter of big game hunts;
 (12) person to knowingly provide transportation services to big game hunters without holding a current registered guide license or transporter license;
 (13) person without a current transporter license to knowingly advertise as, or represent to be, a transporter;
 (14) class-A assistant guide or an assistant guide to knowingly contract to guide or outfit a hunt;
 (15) person licensed under this chapter to knowingly violate a state statute or regulation prohibiting waste of a wild food animal or hunting on the same day airborne;
 (16) person to knowingly provide big game hunting service or transportation services during the period for which the person's license to provide that service is suspended or revoked;
 (17) registered guide, except in the defense of life or property, to knowingly personally take
 (A) big game while accompanying a client in the field; or
 (B) a species of big game if the registered guide is under contract with a client to provide a guided hunt for that species of big game and the client is in the field;
 (18) person who is licensed as a registered guide, a class-A assistant guide, or an assistant guide, except in the defense of life or property, to knowingly personally take big game while a client of the registered guide by whom the person is employed is in the field unless the person is not participating in, supporting, or otherwise assisting in providing big game hunting services to a client of the registered guide by whom the person is employed; or
 (19) person who is licensed as a transporter, or who provides transportation services under a transporter license, to knowingly accompany or remain in the field with a big game hunter who is a client of the person except as necessary to perform the specific duties of embarking or disembarking big game hunters, their equipment, or big game animals harvested by hunters; this paragraph does not apply to a person who holds both a transporter license and any class of guide license issued under this chapter.
 (b) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(1) - (7), (17), (18), or (19) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $10,000 or by imprisonment up to one year, or both.
 (c) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(8) - (14) of this section is guilty of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both.
 (d) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who commits an offense set out in (a)(15) of this section is guilty,
 (1) for a first offense, of a misdemeanor and is punishable by a fine of not more than $30,000 or by imprisonment up to one year, or both;
 (2) for a second or subsequent offense, of a class C felony.
 (e) In addition to a disciplinary sanction imposed under AS 08.54.710 , a person who violates (a)(16) of this section is guilty of a class C felony.
 (f) In addition to the penalties set out in (b) - (e) of this section and a disciplinary sanction imposed under AS 08.54.710 ,
 (1) the court may order the department to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(1), (3) - (5), (7), (17), (18), or (19) of this section for a specified period of not more than three years;
 (2) the court shall order the department to suspend the guide license or transporter license of a person who commits a misdemeanor offense set out in (a)(2) or (8) - (14) of this section for a specified period of not less than one year and not more than five years;
 (3) the court shall order the department to suspend the guide license or transporter license for a specified period of not less than three years, or to permanently revoke the guide license or transporter license, of a person who commits an offense set out in (a)(15) or (16) of this section; and
 (4) all guns, fishing tackle, boats, aircraft, automobiles, or other vehicles, camping gear, and other equipment and paraphernalia used in, or in aid of, a violation of (a) of this section may be seized by persons authorized to enforce this chapter and may be forfeited to the state as provided under AS 16.05.195 .
 (g) Upon conviction of a person for committing an offense set out in (a) of this section, the execution of sentence may not be suspended and probation may not be granted except on the condition that the minimum term of imprisonment is served. Imposition of sentence may not be suspended.
 Sec. 08.54.730. - Injunction against unlawful action.
 When in the judgment of the department, a person has engaged in an act in violation of AS 08.54.620 (b), 08.54.630(b), 08.54.650(b), 08.54.710(g), or 08.54.720(a) or the regulations adopted under these statutes, the department may apply to the appropriate court for an order enjoining the action. Upon a showing by the department that the person is engaging in the act, the court shall grant injunctive relief or other appropriate order without bond.
 Sec. 08.54.740. - Responsibility of guide or transporter for violations.
 (a) A registered guide who contracts to guide or outfit a big game hunt is equally responsible under AS 08.54.710 for a violation of a state game, guiding, or transportation services statute or regulation committed by a person while in the course of the person's employment for the registered guide.
 (b) A transporter who provides transportation services is equally responsible under AS 08.54.710 for a violation of a state game, guiding, or transportation services statute or regulation committed by a person while in the course of the person's employment for the transporter.
 Sec. 08.54.750. - Use area registration.
 (a) At least 30 days before conducting big game hunting services within a guide use area, a registered guide shall inform the department, in person or by registered mail on a registration form provided by the department, that the guide will be conducting big game hunting services in the use area.
 (b) A registered guide may not register for, or conduct big game hunting services in,
 (1) more than three guide use areas during a calendar year; or
 (2) a guide use area that is outside of a game management unit for which the registered guide is certified under AS 08.54.600 .
 (c) Notwithstanding (a) and (b) of this section, a registered guide may register to conduct big game hunting services within a guide use area at any time before beginning operations in the guide use area and may conduct big game hunting services in a guide use area, or for a big game species in a guide use area, that is not one of the three guide use areas for which the registered guide has registered under (b) of this section if the Department of Fish and Game has determined by regulation that it is in the public interest to suspend the registration requirements for that guide use area or for all guide use areas in a game management unit or game management subunit for a big game species within those guide use areas.
 (d) Notwithstanding (b) of this section, a registered guide who is registered in three guide use areas may also register for and conduct big game hunting services in a portion of one additional guide use area on federal land adjacent to a guide use area in which the registered guide is already registered if the department finds that the portion of the adjacent guide use area for which the registered guide is seeking to be registered would otherwise remain unused by a registered guide because the boundaries of guide use areas do not coincide with boundaries of federal big game guide concession or permit areas.
 (e) In this section, "guide use area" means a geographic area of the state identified as a guide-outfitter use area by the former Big Game Commercial Services Board and described on a set of maps titled Guide-Outfitter Use Area Maps, dated June 22, 1994.
 Sec. 08.54.760. - Hunt records; confidentiality of hunt records and activity reports.
 (a) The department shall collect and maintain hunt records provided by a registered guide. A registered guide shall submit to the department a hunt record for each contracted hunt within 30 days after the completion of the hunt. A hunt record must include a list of all big game hunters who used the guiding or outfitting services of the registered guide, the number of each big game species taken, and other information required by the department. The department shall provide forms for reporting hunt records.
 (b) The department shall make hunt records received under this section, and activity reports received under AS 08.54.650 , available to state agencies and federal fish and wildlife law enforcement agencies charged with the enforcement of statutes and regulations relating to guiding, outfitting, transportation services, or game or with management of game if requested for game management or law enforcement purposes. Aggregated data compiled from hunt records and activity reports may be included in reports by the department. For all other purposes, the hunt records and activity reports are confidential and are not subject to inspection or copying under AS 09.25.110 - 09.25.125.
 Sec. 08.54.770. - License and examination fees.
 (a) The department shall set fees under AS 08.01.065 for each of the following:
 (1) registered guide license;
 (2) class-A assistant guide license;
 (3) assistant guide license;
 (4) transporter license;
 (5) license application fee.
 (b) The license fee for the registered guide, class-A assistant guide, or assistant guide license is in addition to the fee required for a hunting license.
 (c) An applicant for a qualifying examination for a registered guide license shall pay a fee established by regulations adopted under AS 08.01.065.
 (d) The fee for the transporter license must be equal to the fee for the registered guide license.
 (e) For licenses issued under this chapter for 1997 and subsequent years, the amount of the license fee for a nonresident shall be two times the amount of the license fee for a resident.
 Sec. 08.54.790. - Definitions.
 In this chapter,
 (1) "big game" means brown bear, grizzly bear, caribou, moose, black bear, bison, Sitka blacktail deer, elk, mountain goat, musk-ox, and mountain or Dall sheep; "big game" includes wolf and wolverine when taken under hunting regulations;
 (2) "big game hunting service" means a service for which the provider of the service must obtain a registered guide, class-A assistant guide, or assistant guide license; "big game hunting service" includes guiding services and outfitting services;
 (3) "compensation" means payment for services including wages or other remuneration but not including reimbursement for actual expenses incurred;
 (4) "department" means the Department of Commerce and Economic Development;
 (5) "field" means an area outside of established year-round dwellings, businesses, or other developments usually associated with a city, town, or village; "field" does not include permanent hotels or roadhouses on the state road system or state or federally maintained airports;
 (6) "game management unit" means one of the 26 geographic areas defined by the Board of Game for game management purposes;
 (7) "guide" means to provide, for compensation or with the intent or with an agreement to receive compensation, services, equipment, or facilities to a big game hunter in the field by a person who accompanies or is present with the big game hunter in the field either personally or through an assistant; in this paragraph, "services" includes
 (A) contracting to guide or outfit big game hunts;
 (B) stalking, pursuing, tracking, killing, or attempting to kill big game;
 (C) packing, preparing, salvaging, or caring for meat, except that which is required to properly and safely load the meat on the mode of transportation being used by a transporter;
 (D) field preparation of trophies, including skinning and caping;
 (E) selling, leasing, or renting goods when the transaction occurs in the field;
 (F) using guiding or outfitting equipment, including spotting scopes and firearms, for the benefit of a hunter; and
 (G) providing camping or hunting equipment or supplies which are already located in the field;
 (8) "outfit" means to provide, for compensation or with the intent to receive compensation, services, supplies, or facilities to a big game hunter in the field, by a person who neither accompanies nor is present with the big game hunter in the field either personally or by an assistant;
 (9) "transportation services" means the carriage for compensation of big game hunters, their equipment, or big game animals harvested by hunters to, from, or in the field; "transportation services" does not include the carriage by aircraft of big game hunters, their equipment, or big game animals harvested by hunters
 (A) on nonstop flights between airports listed in the Alaska supplement to the Airmen's Guide published by the Federal Aviation Administration; or
 (B) by an air taxi operator or air carrier for which the carriage of big game hunters, their equipment, or big game animals harvested by hunters is only an incidental portion of its business; in this subparagraph, "incidental" means transportation provided to a big game hunter by an air taxi operator or air carrier who does not
 (i) charge more than the usual tariff or charter rate for the carriage of big game hunters, their equipment, or big game animals harvested by hunters; or
 (ii) advertise transportation services or big game hunting services to the public; in this sub-subparagraph, "advertise" means soliciting big game hunters to be customers of an air taxi operator or air carrier for the purpose of providing air transportation to, from, or in the field through the use of print or electronic media, including advertising at trade shows, or the use of hunt broker services or other promotional services.
 Chapter 08.55. - HEARING AID DEALERS
 Sec. 08.55.010. - Qualifications for license.
 (a) The department shall issue a license to act as a hearing aid dealer to an individual who
 (1) is 18 years of age or older;
 (2) applies on a form provided by the department;
 (3) has a high school diploma or the equivalent;
 (4) has a business license issued under AS 43.70.020 ;
 (5) furnishes evidence satisfactory to the department that the individual has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.55.130 ;
 (6) submits with the application a statement disclosing whether the applicant
 (A) has, during the five-year period immediately preceding the date of the application been convicted of a felony, or had a final judgment entered against the applicant in a civil action, if the felony or civil action involved fraud, embezzlement, or misappropriation of property;
 (B) is subject to an injunctive order that is currently in effect from a pending proceeding or action brought by a public agency;
 (C) is a defendant in a pending criminal or civil action relating to fraud, embezzlement, misappropriation of property, or the antitrust or trade regulation laws of the United States or a state;
 (D) has, during the five-year period immediately preceding the date of the application, been reorganized, had a debt adjustment, or has been adjudicated a bankrupt under bankruptcy proceedings due to insolvency or was a principal executive officer or general partner of a business that has been reorganized, had a debt adjustment, or has been adjudicated a bankrupt due to insolvency during the five-year period;
 (7) furnishes a description of each item in (6) of this subsection that the applicant disclosed as being applicable to the applicant.
 (b) An individual who is a physician or an audiologist may deal in hearing aids without being licensed under this chapter, but shall comply with AS 08.55.050 , 08.55.070, 08.55.100, 08.55.110(a), 08.55.110(b)(3) and (c) - (h), and 08.55.130(7) - (13) when dealing in hearing aids.
 (c) If an individual licensed under this chapter has more than one place of business, the department shall, on request and payment of a fee, issue a duplicate license for each place of business of the individual.
 Sec. 08.55.020. - Renewal of license.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) On or before the expiration of a license under this chapter, a licensee may apply for renewal of the license, and the department shall renew the license if the licensee pays the renewal fee, has a current business license to act as a hearing aid dealer under AS 43.70.020 , and provides evidence satisfactory to the department that the individual has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.55.130 .
 (c) [Repealed, Sec. 49 ch 94 SLA 1987].
 (d) The department may reinstate a lapsed license under (b) of this section if the license has not lapsed for more than two years and if the person pays a delinquency fee in addition to the renewal fee.
 Sec. 08.55.030. - Bond required.
 (a) Except as otherwise provided in this section, an applicant for a license under AS 08.55.010 shall at the time of applying for the license file with the department a surety bond in the amount of $5,000 running to the state and conditioned on the applicant's promise to pay all
 (1) taxes and contributions due the state and political subdivisions of the state;
 (2) amounts that may be adjudged against the applicant by reason of negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.
 (b) In lieu of the surety bond, the applicant may file with the department a cash deposit, a certificate of deposit payable to the state, or a negotiable security acceptable to the department, if the deposit, certificate of deposit, or security is in the amount specified for the bond.
 (c) The surety shall be maintained in effect while each of the hearing aid dealers for whom the surety is filed is licensed and for three years after each of the dealers ceases to be licensed. During this period, one form of surety may be substituted for another as long as a surety in the required amount is maintained at all times during the period. An action may not be commenced on or against the surety with regard to a particular hearing aid dealer later than three years after the dealer ceases to be licensed under this chapter. In this subsection, "surety" means the bond, cash deposit, certificate of deposit, or negotiable security required by this section.
 (d) An applicant for a license under this section who is an employee of a hearing aid dealer, acts as a hearing aid dealer in the employment, and does not act as a hearing aid dealer outside the employment, is not required to file the bond required by (a) of this section if the employer files with the department a surety bond in the amount of $10,000 that covers the employees of the hearing aid dealer, runs to the state, and is conditioned on the employer's promise to pay all
 (1) taxes and contributions due the state and political subdivisions of the state;
 (2) amounts that may be adjudged against the employer or the employees by reason of the employees negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.
 (e) The bond under (d) of this section may be used to satisfy the bonding requirement for the employer under (a) of this section if the bond is also conditioned on the employer's promise to pay all amounts that may be adjudged against the employer by reason of the employer negligently or improperly dealing in hearing aids or breaching a contract when dealing in hearing aids.
 Sec. 08.55.040. - Fees.
 The department shall set fees under AS 08.01.065 for each of the following:
 (1) application;
 (2) hearing aid dealer license;
 (3) renewal of license;
 (4) renewal delinquency;
 (5) duplicate license.
 Sec. 08.55.050. - Items to be provided by hearing aid dealer.
 (a) A hearing aid dealer shall give the following items to a consumer at the time the consumer contracts with the hearing aid dealer to buy or lease a hearing aid:
 (1) an instructional brochure that contains operating instructions, purchase privileges, and performance data for the hearing aid;
 (2) a statement of the dealer's registration number;
 (3) a statement of the manufacturer's specifications, make, model, and serial number for the hearing aid;
 (4) a clear statement of the full terms of the contract; and
 (5) a written statement indicating that the consumer may file a written complaint about a hearing aid or a hearing aid dealer with the department and giving the mailing address and location address of the department.
 (b) Before the sale of a used hearing aid, the hearing aid dealer shall clearly mark the receipt and the container for the hearing aid as "used" or "reconditioned," whichever is applicable, and with the terms of a guarantee that the dealer provides.
 Sec. 08.55.060. - Prior medical evaluation.
 (a) A hearing aid dealer who is not a physician may not sell or lease a hearing aid unless the prospective user of the hearing aid presents to the hearing aid dealer a written statement signed by a physician stating that the physician has evaluated the prospective user's hearing and that the prospective user is a candidate for a hearing aid.
 (b) The exam on which the physician bases the statement required in (a) of this section must have occurred within the six months immediately preceding the date when the prospective user presents the statement to the hearing aid dispenser.
 (c) If the prospective user is 18 years of age or older, the hearing aid dealer may afford the prospective user an opportunity to waive in writing the evaluation required by (a) of this section if the hearing aid dealer
 (1) informs the prospective user that the exercise of the waiver is not in the best interest of the prospective user's health;
 (2) does not actively encourage the prospective user to waive the evaluation; and
 (3) affords the prospective user the opportunity to sign the following statement:
 I have been advised by (HEARING AID DEALER'S NAME) that it would
 be in my best interest if I had a medical evaluation by a licensed
 physician (preferably a physician who specializes in diseases of the
 ear) before purchasing or leasing a hearing aid.
 ______________________________
 (PROSPECTIVE USER'S SIGNATURE)
 (d) The hearing aid dealer shall retain the evaluation statement of the physician or the prospective user's signed waiver statement for four years after the date of the sale of the hearing aid.
 Sec. 08.55.070. - Transmittal of hearing aid by mail.
 If a hearing aid dealer mails a hearing aid to a customer, the dealer shall send the hearing aid by certified mail.
 Sec. 08.55.080. - Complaints.
 (a) A person may file a complaint with the department about a hearing aid or a hearing aid dealer within three years from the date of the cause of the complaint.
 (b) A hearing aid dealer shall prominently display in the business establishment of the dealer a sign indicating that a person may file a complaint with the department about a hearing aid or a hearing aid dealer and giving the mailing and location address of the department.
 Sec. 08.55.100. - Calibration requirements.
 A hearing aid dealer shall maintain in conformity with the standards set by the American National Standard Institute the calibration of each audiometer used by the hearing aid dispenser, and shall keep a record of the results of the annual calibration of each audiometer used by the dealer.
 Sec. 08.55.110. - Cancellation option.
 (a) In addition to the cancellation allowed under AS 45.02.350 , a person who has purchased or leased a hearing aid from a hearing aid dealer may cancel the sale or lease as provided under (b) of this section or by giving written notice of the intention to cancel the sale or lease to the dealer not later than 30 days following the later of (1) the date the person receives the hearing aid, or (2) the date the hearing aid dealer provides the person with the notice under (c) of this section. The person may use the notice received under (c) of this section to cancel the sale or lease by signing the form where indicated.
 (b) In addition to the other rights and remedies the purchaser or lessee of a hearing aid may have, the purchaser or lessee of a hearing aid has the right to cancel the sale or lease by giving written notice of the cancellation to the hearing aid dealer if
 (1) the hearing aid dealer is not a physician or an audiologist, and within 60 days from the receipt by the purchaser or lessee of the hearing aid or the notice to be provided under (c) of this section, whichever receipt is later, a physician or an audiologist advises the person in writing to cancel the sale or lease and specifies in writing the medical or audiological reason for the advice; or
 (2) the hearing aid dealer, if not a physician or audiologist, has violated a provision of this chapter in the sale or lease of the hearing aid to the person;
 (3) the hearing aid dealer who is a physician or audiologist has violated (a) or (c) - (h) of this section or AS 08.55.050 , 08.55.070, 08.55.100, or 08.55.130(7) - (13) in the sale or lease of the hearing aid to the person.
 (c) A hearing aid dealer shall give a person who has purchased or leased a hearing aid from the dealer notice of the right to cancel the purchase or lease that is substantially identical to the following form with all of the information filled in except the signature and date lines for the purchaser or lessee:
 NOTICE OF RIGHT TO CANCEL
 ___________________________________________________
 Name of Hearing Aid Dealer
 __________________________________________________________________
 Address of Hearing Aid Dealer
 __________________________________________________
 Date of Sale or Lease
 You may cancel this transaction within 30 days from the date you
 receive the hearing aid or this notice, whichever is later.
 You may also cancel this transaction within 60 days from the date you
 receive the hearing aid or this notice, whichever is later, if the
 hearing aid dealer is not a licensed physician or a licensed
 audiologist and if a licensed physician or a licensed audiologist
 advises you in writing to cancel this transaction.
 If you cancel this transaction, the property you traded in, the
 payments you made under the sale or lease (less certain costs allowed
 by state law) and any negotiable instrument executed by you will be
 returned within 20 days following receipt by the hearing aid dealer of
 your cancellation notice, and the hearing aid dealer will cancel any
 security interest arising out of the sale or lease.
 If you cancel, you must make available to the hearing aid dealer, in as
 good a condition as when received, less normal wear and tear, the goods
 delivered to you under this sale or lease, unless the dealer notifies
 you to keep the goods or to hold them until the dealer collects them.
 If the goods have been damaged, the hearing aid dealer may deduct from
 any refund due you the reasonable costs incurred in repairing the goods
 to make them suitable for resale. If the goods have been damaged
 beyond repair, you are liable for the full purchase price, even if you
 are just leasing the goods.
 If you make the goods available for the hearing aid dealer to collect
 after your cancellation, and within 20 days of receiving your
 cancellation the hearing aid dealer does not collect them from you or
 provide you with instructions for returning the goods by mail, you may
 retain or dispose of the goods without further obligation to the
 hearing aid dealer. If you fail to make the goods available for the
 hearing aid dealer to collect after your cancellation, then the sale or
 lease is not cancelled and you remain liable for performance of the
 obligations of the sale or lease.
 To cancel this transaction, mail (by certified mail, return receipt
 requested) or deliver a signed and dated copy of this notice or another
 written notice to (name of hearing aid dealer), at (address of hearing
 aid dealer's place of business) and (hearing aid dealer's telephone
 number) no later than midnight of (Date).
 I hereby cancel this transaction.
 (Date) ________________________________________________________________
 _______________________________________________________________________
 (Purchaser's or Lessee's signature)
 I have read and understand the terms of cancellation of this
 purchase/lease.
 _______________________________________________________
 Purchaser's or Lessee's signature
 _______________________________________________________
 Date
 (d) If a purchaser or lessee of a hearing aid cancels the purchase or lease under (a) or (b) of this section, the hearing aid dealer shall within 20 days of receipt of a notice of the cancellation
 (1) refund to the purchaser or lessee all deposits, including the down payment, less (A) 10 percent of the total purchase price for each 30 days that the purchaser or lessee had the hearing aid, to pay for the reasonable rental value of the hearing aid; (B) the reasonable price of ear molds or custom casings prepared for the purchaser or lessee; and (C) the reasonable costs actually incurred by the hearing aid dealer to make goods that were traded in by the purchaser or lessee ready for sale; the hearing aid dealer may retain the money allowed under this paragraph only up to the amount of a down payment made by the purchaser or lessee;
 (2) return to the purchaser or lessee all goods traded in to the hearing aid dealer as part of the sale or lease;
 (3) return to the purchaser or lessee a negotiable instrument signed by the purchaser or lessee; and
 (4) cancel a security interest taken by the hearing aid dealer for the purchase or lease.
 (e) If the hearing aid returned by the purchaser or lessee has been damaged, the hearing aid dealer may deduct from any refund due the purchaser or lessee the reasonable costs incurred in repairs necessary to make the hearing aid suitable for resale. If the hearing aid is damaged beyond repair, the purchaser or lessee is liable for the full purchase price.
 (f) The purchaser or lessee may retain or dispose of the hearing aid if within 20 days of receipt of the notice of cancellation, the hearing aid dealer fails
 (1) to collect the hearing aid from the purchaser or lessee; or
 (2) to provide the purchaser or lessee with instructions for returning the hearing aid by mail.
 (g) If a purchaser or lessee of a hearing aid fails to make the hearing aid available for the hearing aid dealer to collect, the purchaser or lessee remains liable for the purchase or lease.
 (h) To give written notice under this section, a person shall deliver the notice to the hearing aid dealer in person or to the place of business of the dealer, or mail the notice to the place of business of the dealer by certified mail, return receipt requested.
 Sec. 08.55.120. - Testing of hearing.
 (a) A hearing aid dealer may take threshold measurements to determine the need for a hearing aid, but may not perform diagnostic procedures to determine the cause of a hearing impairment or charge a fee for a hearing measurement.
 (b) A hearing aid dealer shall include in every printed advertisement for the services of the dealer the following statement bordered in black:
 Alaska law permits a hearing aid dealer who is not a licensed physician or a licensed audiologist to test hearing only for the purpose of selling or leasing hearing aids; the tests given by a hearing aid dealer are not to be used to diagnose the cause of a hearing impairment.
 Sec. 08.55.130. - Grounds for imposition of disciplinary sanctions.
 After a hearing, the department may impose a disciplinary sanction on an individual licensed under this chapter when the department finds that the person
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the individual's ability to continue to practice competently and safely;
 (5) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction to or severe dependency on alcohol or another drug that impairs the individual's ability to practice safely;
 (C) physical or mental disability;
 (7) employed a person who did not have a valid current license to deal in hearing aids to perform work covered by this chapter;
 (8) failed or refused to honor a representation, promise, agreement, or warranty made by the person while dealing in hearing aids;
 (9) advertised a model, type, or kind of hearing aid for sale that the person does not sell;
 (10) failed to maintain a business address and telephone number at which the individual could normally be reached during regular business hours;
 (11) included in a contract or receipt for the purchase or lease of a hearing aid a confession of judgment or a waiver of a right of the consumer under this chapter;
 (12) used undue influence, coercion, or other wilful act or representation to interfere with the exercise by the consumer of the rights provided in this chapter;
 (13) negotiated, transferred, sold, or assigned a note or other evidence of indebtedness to a finance company or other third party within two months of delivering a hearing aid to a purchaser or lessee of the hearing aid by mail or in person;
 (14) permitted another person to use the licensee's license;
 (15) dealt in hearing aids while suffering from a serious disease that was contagious or infectious.
 Sec. 08.55.140. - Disciplinary sanctions.
 (a) When it finds that a licensee has committed an act listed in AS 08.55.130, the department may impose the following sanctions singly or in combination:
 (1) permanently revoke a license to practice;
 (2) suspend a license for a determinate period of time;
 (3) censure a licensee;
 (4) issue a letter of reprimand;
 (5) place a licensee on probationary status and require the licensee to
 (A) report regularly to the department on matters involving the basis of probation;
 (B) limit practice to those areas prescribed;
 (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the department to need improvement;
 (6) impose limitations or conditions on the practice of a licensee.
 (b) The department may withdraw a limitation, condition, or probationary status if it finds that the deficiency that required the sanction has been remedied.
 (c) The department may summarily suspend a license before final hearing or during the appeals process if the department finds that the licensee poses a clear and immediate danger to the public welfare and safety if the licensee continues to practice. A person whose license is suspended under this subsection is entitled to a hearing by the department no later than seven days after the effective date of the order. The person may appeal the suspension after the hearing to the superior court.
 (d) The department may reinstate a license that has been suspended or revoked if the department finds after a hearing that the applicant is able to deal in hearing aids with reasonable skill and safety.
 Sec. 08.55.150. - Prohibited acts.
 (a) Unless a person is licensed under this chapter or AS 08.11, the person may not
 (1) deal in hearing aids;
 (2) use a title indicating or representing that the person deals in hearing aids or is licensed to deal in hearing aids;
 (3) advertise that the person deals in hearing aids.
 (b) A person may not
 (1) sell, barter, or offer to sell or barter a license issued under this chapter;
 (2) purchase or obtain by barter a license issued under this chapter with the intent to use it as evidence of the holder's qualification to deal in hearing aids;
 (3) materially alter a license issued under this chapter with fraudulent intent;
 (4) use or attempt to use as valid a license to deal in hearing aids that has been purchased, fraudulently obtained, counterfeited, or materially altered.
 Sec. 08.55.160. - Penalty.
 A person who violates AS 08.55.150 is guilty of a class B misdemeanor.
 Sec. 08.55.170. - Notice of place of business.
 A person who holds a license under this chapter shall notify the department in writing of the regular address of the place or places where the person deals or intends to deal in hearing aids.
 Sec. 08.55.180. - Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.55.200. - Definitions.
 In this chapter,
 (1) "audiologist" means an individual licensed as an audiologist under AS 08.11;
 (2) "dealing in hearing aids" means the sale or lease, or attempted sale or lease of hearing aids, and the recommendation, selection, fitting, or adaptation of hearing aids;
 (3) "department" means the Department of Commerce and Economic Development;
 (4) "hearing aid" means a prosthetic instrument or device designed for or represented as aiding, improving, or correcting defective human hearing and the parts, attachments, or accessories of the instrument or device; "hearing aid" does not include cochlear implants, middle-ear implants, vibro-tactile speech-reading aids, other aids for cued speech, or group or individual auditory training units and assistive devices;
 (5) "hearing aid dealer" means an individual licensed under AS 08.55.010;
 (6) "physician" means a person licensed as a physician under AS 08.64.
 Chapter 08.56. - HOTELS AND BOARDINGHOUSES
 Sec. 08.56.010. - Registration of travelers.
 The proprietors of roadhouses, hotels, or boardinghouses located outside of incorporated cities shall each keep a register containing the name and address of each guest with the date of arrival and departure.
 Sec. 08.56.020. - Effect of refusal to register.
 A person who refuses to register may not be accepted as a guest or given accommodations.
 Sec. 08.56.030. - Penalty for noncompliance.
 The proprietor of a roadhouse, hotel, or boardinghouse who fails to comply with this chapter is punishable by a fine of not less than $10 or more than $25, or by imprisonment for not more than 10 days, or by both.
 Sec. 08.56.040. - Disposition of fines.
 All fines collected under this chapter shall be deposited in the general fund.
 Sec. 08.56.050. - Liability for valuables.
 (a) When the operator of a hotel or boardinghouse provides a safe or vault in which guests may deposit valuable property for safekeeping and notice of this fact is posted in three or more conspicuous places in the hotel or boardinghouse, the operator is not liable for the loss, damage, or destruction of property not deposited by a guest in the safe or vault.
 (b) An operator of a hotel or boardinghouse is not obligated to receive property on deposit for safekeeping as provided in (a) of this section that exceeds $1,000 in value. If property exceeding $1,000 in value is deposited in the hotel or boardinghouse safe or vault, the operator is not liable for its loss, damage, or destruction unless the operator enters into a written agreement with the guest who deposits the property. If the operator does contract with a guest for the safekeeping of property exceeding $1,000 in value, the operator is liable only if the property deposited is stolen or lost, damaged, or destroyed by the negligence of the operator or the operator's agent.
 Sec. 08.56.060. - Baggage liability.
 (a) Except as provided in AS 08.56.050 , the operator of a hotel or boardinghouse is not liable for the loss, damage, or destruction of property brought to or sent into the hotel or boardinghouse by a guest unless the loss, damage, or destruction was caused by negligence of the operator or the operator's agent.
 (b) The operator of a hotel or boardinghouse may hold and store baggage or other property left behind or sent in advance for a period of four months after which time the operator may sell it at public auction as provided in AS 34.35.520 . The proceeds of a sale, as provided in this section, shall be used to satisfy the hotel or boardinghouse operator's lien, pay expenses of sale and any storage costs incurred. If the hotel or boardinghouse operator does not desire to sell baggage or other property which the operator possesses, the operator may have the property delivered to a storage or warehouse company for storage, in which case the operator's liability for the safekeeping of the property terminates.
 Sec. 08.56.070. - Definitions.
 In this chapter,
 (1) "guest" includes every person who is a member of the family of, or dependent upon, a guest, boarder, or lodger in a hotel or boardinghouse;
 (2) "hotel or boardinghouse" includes any building held out to the public to be an inn, motel, hotel, or public lodging house, or place where sleeping accommodations, whether with or without meals, are furnished for hire to transient guests;
 (3) "operator" includes innkeeper, proprietor, keeper, owner, lessee, or manager of a hotel or boardinghouse.
 Chapter 08.60. - JUNK DEALERS AND JUNK YARDS
 Sec. 08.60.010. - License required; violation of section a misdemeanor.
 A person may not engage in the business of junk dealer or metal scrapper in this state without obtaining an annual license from the Department of Revenue. A person who violates this section is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $100 or imprisonment for not more than 90 days.
 Sec. 08.60.020. - [Renumbered as AS 08.60.010 ].
 Repealed or Renumbered
 Sec. 08.60.030. - Residence defined. [Repealed, Sec. 26 ch 6 SLA 1984].
 Repealed or Renumbered
 Chapter 08.62. - MARINE PILOTS
 Sec. 08.62.010. - Creation and membership of board.
 There is created the Board of Marine Pilots. It consists of two pilots licensed under this chapter who have been actively engaged in piloting on vessels subject to this chapter, two registered agents or managers of vessels subject to this chapter who are actively engaged in the procurement of pilotage services, two public members in accordance with AS 08.01.025 , and the commissioner or the commissioner's designee. Not more than one pilot and one registered agent or manager may be from any one pilotage region established by the board. Not more than one registered agent or manager may be employed by, be a contractor for, or hold a financial interest in the same marine industry business entity, including commonly owned, affiliated, or subsidiary business entities. All members of the board shall be residents of the state.
 Sec. 08.62.020. - Appointment and term of office.
 The governor shall appoint the members of the board under AS 08.01.020 .
 Sec. 08.62.030. - Meetings.
 The board shall hold at least three regularly scheduled meetings each year. The board may hold special meetings at the call of the chair or at the request of a majority of the members of the board.
 Sec. 08.62.040. - Powers, duties, and limitations.
 (a) The board shall
 (1) provide for the maintenance of efficient and competent pilotage service on the inland and coastal water of and adjacent to the state to assure the protection of shipping, the safety of human life and property, and the protection of the marine environment;
 (2) consistent with the law, adopt regulations, subject to AS 44.62 (Administrative Procedure Act), establishing the qualifications of and required training for pilots and providing for the examination of pilots and the issuance of original or renewal pilot licenses to qualified persons;
 (3) keep a register of licensed pilots, licensed deputy pilots, and agents;
 (4) adopt regulations establishing
 (A) pilotage regions in the state;
 (B) the criteria for concurring in the amount of license, application, training, investigation, and audit fees proposed by the department under AS 08.01.065 ;
 (C) the criteria for recognizing pilot organizations under AS 08.62.175;
 (5) make available, upon request, copies of this chapter and the regulations adopted under this chapter;
 (6) review and approve the articles, bylaws, and rules of pilot organizations;
 (7) audit a pilot organization or an individual pilot as necessary to implement and enforce this chapter;
 (8) review and approve training programs conducted by pilot organizations; the board shall cooperate with the Department of Environmental Conservation in the review and approval of training programs for pilots of tank vessels;
 (9) establish and publish the dates of future license examinations; and
 (10) approve or disapprove rates for pilotage services as provided under AS 08.62.046 .
 (b) The board may, by regulation, make any other provision for proper and safe pilotage upon the inland and coastal water of and adjacent to the state and for the efficient administration of this chapter, including establishing
 (1) different licensing criteria for a pilotage region if justified by regional differences in piloting;
 (2) a mandatory drug and alcohol testing program, including random tests, post-incident tests, and tests based upon reasonable cause, for pilots licensed under this chapter; the board may delegate responsibility for administration of all or a portion of a testing program to pilot organizations;
 (3) criteria for trainee selection and for training programs conducted by pilot organizations;
 (4) standards under which a pilot may receive a license or an endorsement to a license to pilot vessels in more than one pilotage region under AS 08.62.080 (b); and
 (5) procedures for the review of proposed rates by the board under AS 08.62.046.
 (c) The board may, for good cause, require a pilot licensed under this chapter to submit to a physical or mental examination to determine the pilot's fitness to perform the duties of a pilot.
 (d) Notwithstanding the exemption from AS 45.50.562 - 45.50.596 granted to pilot organizations under AS 45.50.572 (a), the board may not adopt a regulation or take other action resulting in anti-competitive activities that, if the board were subject to AS 45.50.562 - 45.50.596, would violate AS 45.50.562 - 45.50.596.
 (e) The board may delegate duties to the marine pilot coordinator as necessary to assist the board in administering and enforcing this chapter.
 Sec. 08.62.045. - Pilotage tariffs. [Repealed, Sec. 35 ch 89 SLA 1991].
 Repealed or Renumbered
 Sec. 08.62.046. - Rates for pilotage services.
 (a) A pilot organization recognized by the board shall adopt and publish rates for the provision of pilotage services. The pilot organization shall adopt rates for pilotage services as provided under this section. Notwithstanding this section, a pilot organization may enter into agreements with the master, owner, operator, or agent of a master, owner, or operator, of a vessel for the provision of pilotage services at rates of compensation that are different from the rates adopted under this section. Unless a pilot organization has an agreement with the master, owner, operator, or agent of a master, owner, or operator, of a vessel that sets rates for the provision of a pilotage service, the pilot organization may not charge a rate for the provision of the pilotage service to the vessel that is different from the rate adopted or established under this section.
 (b) If a pilot organization intends to adopt a new or revised rate for the provision of a pilotage service, the pilot organization shall, before October 15, send a notice of intent to adopt a rate for provision of the pilotage service to the board and to all registered agents and publish the notice on at least three days during a period of 14 consecutive days in a newspaper of general circulation in the state. The notice of intent to adopt a rate must include a copy of the proposed rate and the name and mailing address of the pilot organization that intends to adopt the rate. If no objection to the proposed rate is filed with the board under (c) of this section, the rate takes effect on January 1 of the year following the year in which the notice of the intent to adopt the rate was filed with the board.
 (c) The master, owner, operator, or agent of the master, owner, or operator, of a vessel required to employ a pilot under this chapter may object to the proposed rate for a specific pilotage service by filing a written notice of objection, containing the grounds for the objection and relevant evidence demonstrating that the rate is not reasonable, with the board within 60 days after the final date of publication of the proposed rate in a newspaper of general circulation. The pilot organization that proposed the rate has until 15 days after the close of the period for filing objections to the proposed rate to provide its written response to the notice of objection and relevant evidence demonstrating that the rate is reasonable. If the pilot organization does not respond to the notice of objection by the close of the 15-day period for response to the objection, the board may not take action on the proposed rate and the proposed rate does not take effect. If the pilot organization does respond to the notice of objection before the close of the response period, the board shall hold a hearing to determine whether the proposed rate is reasonable. If the board finds that the proposed rate is reasonable, the rate is approved and takes effect retroactive to January 1 of the calendar year in which the rate would have taken effect under (b) of this section if no objection had been filed. If the board finds that the proposed rate is not reasonable, the proposed rate is disapproved and does not take effect. In determining what constitutes a reasonable rate, the board shall consider the following factors:
 (1) current and historical rates charged for comparable pilotage services;
 (2) the actual time aboard the vessel, time engaged in preparing to provide the pilotage services, seasonal and weather conditions, and risks;
 (3) the reasonable expenses incurred in providing the pilotage services such as dispatch, transportation, overhead, and other associated expenses;
 (4) the financial effect of pilotage expenses on the owner of the vessel, except that this factor shall only be considered if the owner provides all financial information that the board determines is necessary to determine the financial effect;
 (5) the number of vessels and volume of pilotage services at issue in the dispute and the number of members of the pilot organization;
 (6) the effect of the determination on the income of affected pilots relative to prior years, taking into account changes in vessel tonnage and vessel traffic in the pilotage region from year-to-year;
 (7) prior determinations under this subsection; and
 (8) other factors the board considers relevant.
 (d) Pending the review and approval of the proposed rate for a specific pilotage service by the board under (c) of this section, the current rate then in effect for that pilotage service remains in effect until the board approves the proposed rate. If the proposed rate approved by the board is greater than the current rate, then the master, owner, or operator of the vessel or the vessel is liable for the payment of the additional amount owed for the provision of pilotage services during the pendency of the review by the board due to retroactive application of the approved rate under (c) of this section. If the proposed rate is less than the current rate, then the pilot organization is liable to the master, owner, or operator of the vessel or the vessel for reimbursement of the amount overpaid for the provision of pilotage services during the pendency of the review by the board due to the retroactive application of the approved rate under (c) of this section.
 (e) If the board finds under (c) of this section that a proposed rate is not reasonable, the pilot organization may propose a new rate for that pilotage service within 60 days after the decision of the board is issued by sending a notice of intent to adopt a rate for provision of the pilotage service to the board and to all registered agents and publishing the notice on at least three days during a period of 14 consecutive days in a newspaper of general circulation in the state. The notice of intent to adopt a rate must include a copy of the proposed rate and the name and mailing address of the pilot organization that intends to adopt the rate. If a timely objection to the proposed rate is not filed with the board under (c) of this section, the rate takes effect retroactive to January 1 of the same calendar year in which the initial rate proposed under (b) of this section would have taken effect if no objection had been filed. If a timely objection is filed, the provisions of (c) and (d) of this section apply to the proposed rate.
 (f) The board shall provide a schedule of rates adopted under this section to agents registered under AS 08.62.187 .
 Sec. 08.62.050. - Marine pilot coordinator.
 (a) The department, with the approval of the board, may hire a marine pilot coordinator who is qualified to assist the board in administering and enforcing the provisions of this chapter. The coordinator is in the partially exempt service under AS 39.25.120 .
 (b) The person who is hired as coordinator may not
 (1) be an active member of a pilot organization in the state;
 (2) work as a pilot while employed as the coordinator, except to the extent required by official duties; or
 (3) have a financial interest in a pilot organization or in a pilot vessel or other equipment used by a pilot organization.
 (c) In addition to other duties as may be assigned by the board, the marine pilot coordinator may review applications for examination and licensure to ascertain whether the applicant satisfies the applicable requirements.
 Sec. 08.62.080. - License required; restrictions and conditions.
 (a) A person may not pilot a vessel subject to this chapter unless the person is licensed under this chapter and is a member of a pilot organization recognized by the board.
 (b) A pilot may not be licensed in more than one pilotage region at one time unless the commissioner determines that an actual or imminent shortage of licensed pilots exists in a pilotage region. If the commissioner makes the determination described in this subsection, the board may, after consultation with the recognized pilot organizations and registered agents in the affected pilotage region, issue temporary licenses for the affected pilotage region to pilots who already hold a license for another pilotage region. The board shall ensure that sufficient pilots are available to provide pilotage services in the affected pilotage region to all vessels required to employ a pilot under this chapter. A temporary license issued under this subsection is valid for a period of not more than one year.
 (c) A license issued under this chapter must identify the specific waterways and ports in each pilotage region in which a licensee is authorized by the board to pilot vessels. The board shall authorize a licensee to pilot vessels in a specific waterway or port in a pilotage region upon the licensee satisfying the training and other qualifying requirements required by the board to pilot vessels in that waterway or port.
 Sec. 08.62.090. - Application.
 (a) A person who desires to be licensed under this chapter shall apply in writing to the department.
 (b) The application shall provide the information and be made on a form prescribed by the department.
 (c) In order to be eligible to take the next scheduled examination, a person shall file the application with the board at least 60 days before the date of the examination.
 Sec. 08.62.093. - Qualifications for deputy marine pilot license.
 (a) The board shall issue a deputy marine pilot license for a marine pilotage region to a person who
 (1) is a citizen of the United States;
 (2) passes the written and oral examinations that may be required by the board;
 (3) has completed training requirements established by the board; and
 (4) satisfies (b) and (c) of this section.
 (b) A person who applies for a deputy marine pilot license under this chapter shall provide proof satisfactory to the board of the following experience:
 (1) one year of service as a master on ocean or coastwise vessels while holding a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;
 (2) two years of service as a master on United States Coast Guard inspected vessels of not less than 1,000 gross tons or tug and tow of not less than 1,600 combined gross tons while holding at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons;
 (3) two years of service as a chief officer on ocean or coastwise vessels of not less than 1,600 gross tons while holding a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;
 (4) two years of service as commanding officer of United States commissioned vessels of not less than 1,600 gross tons and hold a United States Coast Guard license as master of ocean steam or motor vessels of any gross tons;
 (5) three years of experience as a member of a professional pilot's organization, during which the person actively engaged in piloting while holding at least a United States Coast Guard license as a master of steam or motor vessels of not more than 1,600 gross tons; or
 (6) four years of experience gained in a board approved deputy marine pilot apprenticeship program in the pilotage region for which the deputy marine pilot license is sought and hold at least a United States Coast Guard license as master of steam or motor vessels of not more than 1,600 gross tons.
 (c) A person who applies for a deputy marine pilot license under this section shall possess an endorsement of first class pilotage on the person's United States Coast Guard license without tonnage restrictions for the pilotage region for which the person seeks the deputy marine pilot license.
 (d) A person licensed as a deputy marine pilot under this section may, except as otherwise provided by the board, pilot vessels of 25,000 gross tons or less in a marine pilotage region for which the license is issued.
 (e) [Repealed, Sec. 22 ch 74 SLA 1995].
 Sec. 08.62.097. - Training programs for deputy marine pilot license.
 (a) The board shall establish standards for training programs for a deputy marine pilot license. The standards may include requirements for
 (1) supervised familiarization and training trips on vessels subject to this chapter;
 (2) supervised dockings, undockings, and tug assisted maneuvers;
 (3) special training or experience necessary to qualify for a deputy marine pilot license for a particular marine pilotage region;
 (4) completion of the training program within a specified period;
 (5) other training or experience that the board considers appropriate.
 (b) A person who supervises the training of persons who are seeking a deputy marine pilot license under this chapter shall
 (1) hold a marine pilot license issued under AS 08.62.100 ; however, if the board finds that there are no marine pilots licensed in a pilotage region who are available to supervise training under this section, the board may authorize a person who is licensed in that pilotage region as a deputy marine pilot to supervise the training of persons who are seeking a deputy marine pilot license in that pilotage region;
 (2) receive prior authorization from the board to supervise the training of those persons;
 (3) maintain a written log and evaluation on a form provided by the board of the training and progress of the person being supervised.
 Sec. 08.62.100. - Qualifications for a marine pilot license.
 (a) The board shall issue a marine pilot license for a marine pilotage region to a person who
 (1) is a citizen of the United States;
 (2) passes examinations that may be required by the board;
 (3) has three years experience as a deputy marine pilot licensed under this chapter; and
 (4) satisfies additional requirements as may be required by the board by regulation.
 (b) Notwithstanding (a) of this section, a person who holds a marine pilot license of any type on the day before July 2, 1991 shall, subject to continued eligibility for the license under this chapter and regulations adopted under this chapter, receive a renewable marine pilot license of the same type and subject to the same qualifications and endorsements as that which the person held on July 1, 1991. A person who receives a license under this subsection may change the type of marine pilot license and the qualifications and endorsements attached to the license in accordance with regulations adopted by the board.
 Sec. 08.62.110. - Previous licensure. [Repealed, Sec. 27 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.62.120. - Renewal of licenses.
 (a) In order to renew a marine pilot license, a person who is licensed under AS 08.62.100 shall
 (1) submit an application for renewal of the license on a form provided by the department;
 (2) submit proof of continued qualification under AS 08.62.100 to receive a marine pilot license;
 (3) provide evidence of satisfactory completion of a physical examination by a licensed physician within 60 days before the date of renewal of the license;
 (4) submit proof satisfactory to the board that the person has
 (A) engaged in piloting vessels subject to this chapter in the marine pilotage region for which the license is to be renewed during at least 120 days in the licensing period immediately preceding the licensing period for which renewal is sought; or
 (B) completed the minimum number of familiarization trips required by the board for renewal of a marine pilot license for a marine pilotage region for which the license is to be renewed.
 (b) The board shall establish criteria for the renewal of a deputy marine pilot license.
 Sec. 08.62.130. - Lapsed license.
 (a) The board shall reinstate a lapsed marine pilot license if, in addition to complying with the requirements of AS 08.01.100 (a) - (c) and AS 08.62.120 , the pilot takes and passes a written and oral examination if the license has been lapsed one year or more.
 (b) The board shall establish criteria for reinstatement of a lapsed deputy marine pilot license.
 Sec. 08.62.140. - Fees.
 The department shall set fees under AS 08.01.065 for applications, licenses, agent registrations, investigations, audits, and training.
 Sec. 08.62.150. - Denial, revocation or suspension.
 (a) The board shall impose a disciplinary sanction on a person licensed under this chapter when the board finds that the person
 (1) is incompetent in the performance of pilotage duties;
 (2) is chemically impaired;
 (3) illegally possesses, uses, or sells narcotic or hallucinogenic drugs;
 (4) makes a false statement to obtain a license;
 (5) violates a provision of this chapter or a regulation adopted under this chapter;
 (6) is guilty of misconduct during the course of employment;
 (7) has had the person's United States Coast Guard pilot license conditioned, suspended, or revoked; or
 (8) charges, collects, or receives an amount for pilotage services that is different from the rate adopted under AS 08.62.046 or the rate agreed to under AS 08.62.175 (e) by the pilot organization of which the person is a member.
 (b) [Repealed, Sec. 4 ch 60 SLA 1987].
 Sec. 08.62.155. - Disciplinary sanctions.
 (a) The board may take disciplinary action against a person licensed under this chapter under AS 08.01.075 .
 (b) The board may impose a civil fine not to exceed $5,000 on a marine pilot organization recognized by the board if the organization violates this chapter or a regulation adopted under this chapter. The board may also suspend or revoke the recognition of a pilot organization that fails to comply with its articles, bylaws, and rules, so as to no longer satisfy the minimum standards for recognition by the board.
 Sec. 08.62.157. - Duties of licensed pilots.
 (a) A person licensed under this chapter has a primary duty to safely navigate vessels under the pilot's direction and control and to protect life and property and the marine environment while engaged in the provision of pilot services.
 (b) A person licensed under this chapter shall report to the appropriate authority all violations of a federal or state pilotage law.
 Sec. 08.62.160. - Mandatory employment of licensed pilots.
 A vessel subject to this chapter navigating the inland or coastal water of or adjacent to the state as determined by the board in regulation shall employ a pilot holding a valid license under this chapter. The board shall define the mandatory pilotage water of the state.
 Sec. 08.62.163. - Pilots as independent contractors.
 (a) Pilots licensed under this chapter are independent contractors and may not be employed as an employee of the owner or operator of a vessel subject to this chapter.
 (b) The owner or operator of a vessel subject to this chapter may not employ a person licensed under this chapter as an employee.
 Sec. 08.62.165. - Limitation of liability.
 (a) A pilot licensed under this chapter is not liable for damages in excess of $250,000 per incident for damages or loss occurring as a result of the error, omission, fault, or neglect of the pilot in performing pilotage services, except that the limitation does not apply in a case where
 (1) the pilot is either grossly negligent or guilty of wilful misconduct; or
 (2) the error, omission, fault, or neglect of the pilot constitutes an act for which the board shall impose a disciplinary sanction under AS 08.62.150 (a)(2) or (3).
 (b) Nothing in this section exempts a vessel, a vessel's cargo, or the owner or operator of a vessel or cargo from liability for damage or loss caused by the vessel, the vessel's cargo, or the owner or operator of the vessel or cargo to the vessel, the vessel's cargo, another person, or other property on the ground that
 (1) the vessel was piloted by a pilot licensed under this chapter; or
 (2) the damage or loss occurred as a result of the error, omission, fault, or neglect of a pilot licensed under this chapter.
 (c) An organization of pilots is not liable for claims arising from acts or omissions of a pilot who is a member of the organization or for acts or omissions of another organization of pilots that relate to pilotage of a vessel. A pilot is not liable, directly or as a member of an organization of pilots, for claims arising from acts or omissions of another pilot or organization of pilots that relate to pilotage of a vessel. This subsection does not apply to acts or omissions relating to the ownership or operation of pilot boats or the transportation of pilots to and from a vessel to be piloted.
 Sec. 08.62.170. - Pilot's lien for compensation.
 Sec. 08.62.170. Pilot's lien for compensation.
 Each vessel, its tackle, apparel, and furniture and the owner of the vessel are jointly and severally liable for the compensation of a pilot employed on the vessel and the pilot has a lien on the vessel, the vessel's tackle, apparel, and furniture for the pilot's compensation.
 Sec. 08.62.175. - Regional marine pilot organizations.
 (a) To the extent permitted under federal and state law, persons licensed under this chapter may form organizations of pilots within each pilotage region established by the board.
 (b) The board shall recognize pilot organizations that satisfy the minimum standards established by the board by regulation.
 (c) A pilot organization recognized by the board shall
 (1) promote a safe and reliable system of marine pilotage for the region in which the organization is recognized;
 (2) provide for the dispatch of pilots who are members of the organization;
 (3) adopt and revise rates for the provision of pilotage services not covered by an agreement under (e) of this section;
 (4) subject to the membership application and approval provisions contained in the articles and bylaws of the organization, be open to membership by all persons licensed under this chapter to pilot vessels in the pilotage region in which the organization is recognized;
 (5) operate or participate in a training program for pilots and deputy pilots that is approved by the board; a training program for deputy pilots may include a deputy marine pilot apprenticeship program approved by the board;
 (6) cooperate with and assist the board in implementing this chapter;
 (7) by February 1 of each year, submit a report to the board that includes information on the status of training and apprenticeship programs, the number of members of the pilot organization who are state residents, and other information requested by the board.
 (d) A pilot organization recognized by the board may not begin operating until the articles, bylaws, and rules of the pilot organization are approved by the board on the basis of
 (1) uniform and nondiscriminatory application of the articles, bylaws, and rules to marine pilots and deputy marine pilots licensed under this chapter and trainees for marine pilot licenses;
 (2) compliance with applicable laws; and
 (3) effectiveness in
 (A) promoting an efficient, reliable, and professional marine pilotage system in the region;
 (B) maintaining a sufficient number of qualified pilots available for dispatch to serve the needs of vessels visiting the region during each hour of the day and each day of the year to the extent that it is reasonably possible given the size of the membership of the pilot organization;
 (C) promoting training programs for marine pilots and deputy marine pilots that are approved by the board.
 (e) A pilot organization recognized by the board may enter into agreements with the master, owner, operator, or agent of a master, owner, or operator, of a vessel concerning the terms and conditions under which the pilot organization will provide pilotage services.
 (f) A pilot organization recognized by the board shall dispatch a person who is licensed under this chapter and who is a member of the organization to provide pilotage services upon the request of a representative of a vessel required to employ a pilot under AS 08.62.160.
 Sec. 08.62.180. - Exemptions.
 This chapter does not apply to
 (1) vessels subject to federal pilot requirements under 46 U.S.C. 8502 except as provided in AS 08.62.185 ;
 (2) fishing vessels, including fish processing and fish tender vessels, registered in the United States or in British Columbia, Canada;
 (3) vessels propelled by machinery and not more than 65 feet in length over deck, except tugboats and towboats propelled by steam;
 (4) vessels of United States registry of less than 300 gross tons and towboats of United States registry and vessels owned by the State of Alaska, engaged exclusively
 (A) on the rivers of Alaska; or
 (B) in the coastwise trade on the west or north coast of the United States including Alaska and Hawaii, and including British Columbia, Yukon Territory, and Northwest Territories, Canada;
 (5) vessels of Canada, built in Canada and manned by Canadian citizens, engaged in frequent trade between
 (A) British Columbia and Southeastern Alaska south of 58 degrees, 10 minutes North latitude, if reciprocal exemptions are granted by Canada to vessels owned by the State of Alaska and those of United States registry; or
 (B) northern Alaska north of 68 degrees, 7 minutes North latitude and Yukon Territory or Northwest Territories;
 (6) pleasure craft of United States registry; and
 (7) pleasure craft of foreign registry of less than 300 gross tons as measured under 46 C.F.R. 69.51 - 69.75.
 Sec. 08.62.185. - Certain licensed pilots required for oil tankers.
 (a) Any oil tanker, whether enrolled or registered, of 50,000 dead weight tons or greater, shall, when navigating in state water beyond Alaska pilot stations employ a pilot licensed by the state under this chapter.
 (b) The pilot required in (a) of this section shall control the vessel during all docking operations.
 Sec. 08.62.187. - Registration of agents required.
 A person may not act as an agent of a vessel subject to this chapter unless the person's name appears on the register of agents kept under AS 08.62.040 (a)(3).
 Sec. 08.62.190. - Penalties.
 (a) A master or owner of a vessel required by this chapter to employ a licensed pilot who fails to do so when a licensed pilot is available, unless the perils or hazards of the sea prevent the employment of a pilot, is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $5,000 nor more than $15,000 for the first offense and not less than $10,000 nor more than $30,000 for the second offense.
 (b) A person who violates any other provision of this chapter or a regulation adopted under this chapter is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $1,000 nor more than $5,000.
 (c) For purposes of (a) of this section, the board shall define by regulation the phrase "when a licensed pilot is available."
 Sec. 08.62.200. - [Renumbered as AS 08.62.900 ].
 Repealed or Renumbered
 Chapter 08.63. - MARITAL AND FAMILY THERAPY
 Article 01 - BOARD OF MARITAL AND FAMILY THERAPY
 Sec. 08.63.010. - Board established.
 (a) There is established the Board of Marital and Family Therapy.
 (b) The board consists of three persons licensed under this chapter and two members of the public.
 Sec. 08.63.020. - Board appointments.
 The governor shall appoint the members of the board subject to confirmation by the legislature.
 Sec. 08.63.030. - Meetings.
 The board shall hold an annual meeting and may hold special meetings at the call of the chair or a majority of the board members.
 Sec. 08.63.040. - Removal of board members.
 The governor may only remove a member of the board for good cause.
 Sec. 08.63.050. - Powers and duties of the board.
 The board shall
 (1) establish objective examination requirements and training and education requirements for persons who apply for a license to practice marital and family therapy;
 (2) examine applicants and issue licenses to qualified applicants;
 (3) establish continuing education requirements for license renewal;
 (4) adopt a code of ethical practice for marital and family therapy;
 (5) hold hearings and order the disciplinary sanction of a person who violates this chapter or a regulation of the board;
 (6) ensure that licensees are aware of the requirements of AS 47.17.020;
 (7) establish standards for supervisors and supervision under this chapter;
 (8) enforce the provisions of this chapter and adopt regulations necessary to carry out its duties under this chapter.
 Sec. 08.63.060. - Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.63.100. - Qualifications for license to practice.
 (a) The board shall issue a license to practice marital and family therapy to a person who
 (1) applies on a form provided by the board;
 (2) pays the fee established under AS 08.01.065 ;
 (3) furnishes evidence satisfactory to the board that the person
 (A) has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.63.210 ;
 (B) holds a master's degree or doctorate in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board for which the person completed a course of study that included instruction substantially equivalent to the following:
 (i) three courses or nine semester or 12 quarter hours of course work in marital and family therapy;
 (ii) three courses or nine semester or 12 quarter hours of course work in marital and family studies;
 (iii) three courses or nine semester or 12 quarter hours of course work in human development;
 (iv) one course or three semester or four quarter hours of course work in professional studies or professional ethics and law;
 (v) one course or three semester or four quarter hours of course work in research; and
 (vi) one year of supervised clinical practice in marital and family therapy;
 (C) after receiving a degree described in (B) of this paragraph, has
 (i) practiced marital and family therapy within three years of the person's application, including 1,500 hours of direct clinical contact with couples and families; and
 (ii) been supervised in the clinical contact for at least 200 hours, including 100 hours of individual supervision and 100 hours of group supervision approved by the board;
 (D) has received training related to domestic violence; and
 (E) has passed a written or oral examination administered by the board.
 (b) Under regulations adopted by the board, a person who holds a master's or doctorate degree in marital and family therapy or allied mental health field from a regionally accredited educational institution approved by the board, but whose course of degree study did not include all the courses or clinical practice requirements set out in (a)(3)(B) of this section may substitute post-degree courses or practice, as approved by the board, to satisfy the requirements of (a)(3)(B) of this section.
 (c) An applicant who fails an examination given under this section may not retake the examination for a period of six months from the date of the examination that the applicant failed.
 (d) A license issued under this section shall be renewed biennially by the applicant on a date set by the department and approved by the board. It shall be renewed by payment of the fee established under AS 08.01.065 and by satisfaction of the continuing education requirements established by the board for the renewal of licenses issued under this section.
 Sec. 08.63.110. - License for supervised practice.
 (a) The board shall issue a four-year license for the supervised practice of marital and family therapy to a person who meets the requirements of AS 08.63.100 (a)(1), (2), and (3)(A) - (B).
 (b) A licensee under this section may practice only
 (1) under the direct supervision of a supervisor approved by the board under AS 08.63.120 ; and
 (2) in a clinic, social service agency, or other setting approved by the board.
 (c) A license for supervised practice expires four years from the date of issuance and may not be renewed.
 (d) A licensee under this section shall submit to the board for its approval a proposed plan for satisfying the supervision requirements of AS 08.63.100 (a)(3)(C).
 (e) A licensee under this section shall use the title "marital therapy associate," "family therapy associate," or other title that is approved by the board.
 (f) The board shall revoke a license for supervised practice if the person fails the examination required under AS 08.63.100 two or more times.
 Sec. 08.63.120. - Authorized supervisors.
 (a) A person may not supervise a person under this chapter unless approved by the board to be a supervisor.
 (b) A person who supervises a licensee under this section must
 (1) have practiced marital and family therapy for five years;
 (2) be licensed under this chapter; and
 (3) meet the minimum standards established by the board for approved supervisors.
 Sec. 08.63.130. - Temporary license for the practice of marital and family therapy.
 (a) The board shall issue a temporary license for the practice of marital and family therapy to an applicant who satisfies the requirements of AS 08.63.100 (a)(1), (2), and (3)(A), (B), and (C) and has been approved by the board to take the marital and family therapy examination.
 (b) A person may practice under a temporary license until the board issues the results of the first marital and family therapy examination given after issuance of the person's temporary license and either issues or denies a license under AS 08.63.100 to the person.
 (c) If a licensee under this section fails the marital and family therapy examination, the board may not renew the person's temporary license.
 Sec. 08.63.140. - Licensure by credentials.
 The board shall issue a license to practice marital and family therapy to a person who
 (1) is licensed or certified for the practice of marital and family therapy in another state that has requirements for the license or certificate that are substantially equal to or greater than the requirements of this state; and
 (2) meets the requirements of AS 08.63.100 (a)(1), (2), and (3)(A).
 Sec. 08.63.200. - Confidentiality of communication.
 (a) A person licensed under this chapter may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
 (1) a case conference or case consultation with other mental health professionals at which the patient is not identified;
 (2) the release of information that the client in writing authorized the licensee to reveal;
 (3) information released to the board as part of a disciplinary or other proceeding; or
 (4) situations where the rules of evidence applicable to the psychotherapist-patient privilege allow the release of the information.
 (b) Notwithstanding (a) of this section, a person licensed under this chapter shall report incidents of
 (1) child abuse or neglect as required by AS 47.17;
 (2) harm or assaults suffered by an elderly person or disabled adult as required by AS 47.24.
 (c) Information obtained by the board under (a)(3) of this section is confidential and is not a public record for purposes of AS 09.25.110 - 09.25.140.
 Sec. 08.63.210. - Grounds for imposition of disciplinary sanctions.
 After a hearing, the board may impose a disciplinary sanction under AS 08.01.075 on a person licensed under this chapter when the board finds that the person
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or of another crime that affects the person's ability to practice competently and safely;
 (5) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the board;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or another drug that impairs the person's ability to practice safely;
 (7) engaged in unethical conduct in connection with the delivery of professional services to clients.
 Sec. 08.63.220. - License required if designation used.
 A person who is not licensed under this chapter or whose license is suspended or revoked, or whose license has lapsed, who knowingly uses in connection with the person's name the words or letters "L.M.F.T.," "L.M.F.C.," "Licensed Marital and Family Therapist," "Licensed Marriage and Family Counselor," or other letters, words, or insignia indicating or implying that the person is licensed as a marital and family therapist by this state or who in any way, orally or in writing, directly or by implication, knowingly holds out as being licensed by the state as a marital and family therapist in this state is guilty of a class B misdemeanor.
 Sec. 08.63.900. - Definitions.
 In this chapter, unless the context indicates otherwise,
 (1) "advertise" includes issuing or causing to be distributed a card, sign, or device to a person, or causing, permitting, or allowing a sign or marking on or in a building or structure, or in a newspaper, magazine, or directory, or on radio or television, or using other means designed to secure public attention;
 (2) "board" means the Board of Marital and Family Therapy;
 (3) "course" means a class of at least three credit hours in a graduate program at an accredited educational institution or an institution approved by the board;
 (4) "department" means the Department of Commerce and Economic Development;
 (5) "practice of marital and family therapy" means the diagnosis and treatment of mental and emotional disorders that are referenced in the standard diagnostic nomenclature for marital and family therapy, whether cognitive, affective, or behavioral, within the context of human relationships, particularly marital and family systems; marital and family therapy involves
 (A) the professional application of assessments and treatments of psychotherapeutic services to individuals, couples, and families for the purpose of treating the diagnosed emotional and mental disorders;
 (B) an applied understanding of the dynamics of marital and family interactions, along with the application of psychotherapeutic and counseling techniques for the purpose of resolving intrapersonal and interpersonal conflict and changing perceptions, attitudes, and behaviors in the area of human relationships and family life;
 (6) "supervision" means face-to-face consultation, direction, review, evaluation, and assessment of the practice of the person being supervised, including direct observation and the review of case presentations, audio tapes, and video tapes.
 Chapter 08.64. - MEDICINE
 Sec. 08.64.010. - Creation and membership of State Medical Board.
 The governor shall appoint a board of medical examiners, to be known as the State Medical Board, consisting of five physicians licensed in the state and residing in as many separate geographical areas of the state as possible, and two persons with no direct financial interest in the health care industry.
 Sec. 08.64.020. - Term of office. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.64.030. - Substitution of members. [Repealed, Sec. 19 ch 48 SLA 1983].
 Repealed or Renumbered
 Sec. 08.64.040. - Removal of members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.64.050. - Oath of office.
 Each member shall take an oath of office. The oath shall be filed and preserved in the division of occupational licensing of the department.
 Sec. 08.64.060. - Seal.
 The board shall adopt a seal.
 Sec. 08.64.070. - Officers.
 The board shall elect a president and secretary from among its members. The president and secretary may administer oaths.
 Sec. 08.64.080. - Meetings of board. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.64.085. - Meetings of the board.
 The board shall meet at least four times a year.
 Sec. 08.64.090. - Quorum.
 Four members of the board constitute a quorum for the transaction of all business properly before the board.
 Sec. 08.64.100. - Power of board to adopt regulations.
 The board may adopt regulations necessary to carry into effect the provisions of this chapter.
 Sec. 08.64.101. - Duties.
 The board shall
 (1) examine and issue licenses to applicants;
 (2) develop written guidelines to ensure that licensing requirements are not unreasonably burdensome and the issuance of licenses is not unreasonably withheld or delayed;
 (3) after a hearing, impose disciplinary sanctions on persons who violate this chapter or the regulations or orders of the board;
 (4) adopt regulations ensuring that renewal of licenses is contingent upon proof of continued competency on the part of the licensee; and
 (5) under regulations adopted by the board, contract with private professional organizations to establish an impaired medical professionals program to identify, confront, evaluate, and treat persons licensed under this chapter who abuse alcohol, other drugs, or other substances or are mentally ill or cognitively impaired.
 Sec. 08.64.103. - Investigator; executive secretary.
 After consulting with the board, the department shall employ two persons who are not members of the board; one shall be assigned as the investigator for the board; the other shall be assigned as the executive secretary for the board. The investigator shall
 (1) conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;
 (2) at the request of the board, conduct investigations based on complaints filed with the department or with the board; and
 (3) be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator's employment and the department shall provide day to day and administrative supervision of the investigator.
 Sec. 08.64.105. - Regulation of abortion procedures.
 The board shall adopt regulations necessary to carry into effect the provisions of AS 18.16.010 and shall define ethical, unprofessional, or dishonorable conduct as related to abortions, set standards of professional competency in the performance of abortions, and establish procedures and set standards for facilities, equipment, and care of patients in the performance of an abortion.
 Sec. 08.64.107. - Regulation of physician assistants and intensive care paramedics.
 The board shall adopt regulations regarding the licensure of physician assistants and registration of mobile intensive care paramedics, and the medical services that they may perform, including the
 (1) educational and other qualifications;
 (2) application and registration procedures;
 (3) scope of activities authorized; and
 (4) responsibilities of the supervising or training physician.
 Sec. 08.64.110. - Per diem and expenses.
 The members of the board are entitled to per diem and expenses authorized by law.
 Sec. 08.64.120. - Coverage of funds and warrants for expenses. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.64.130. - Board records.
 (a) The board shall preserve a record of its proceedings, which must contain the name, age, residence, and duration of residence of each applicant for a license, the time spent by the applicant in medical study, the place of medical study, and the year and school from which degrees were granted. The record must also show whether the applicant was granted a license or rejected.
 (b) The board shall maintain records for each person licensed under this chapter concerning the outcome of malpractice actions and claims as reported under AS 08.64.200 (a) and 08.64.345. The board shall periodically review these records to determine if the licensee should be found to be professionally incompetent under AS 08.64.326 (a)(8)(A).
 (c) The board shall make available to the public the information maintained under (a) and (b) of this section for each person licensed under this chapter.
 Sec. 08.64.140. - Annual report to governor. [Repealed, Sec. 19 ch 48 SLA 1983].
 Repealed or Renumbered
 Sec. 08.64.150. - Bond of secretary-treasurer. [Repealed, Sec. 28 ch 77 SLA 1969].
 Repealed or Renumbered
 Sec. 08.64.160. - Applicability of Administrative Procedure Act.
 The board shall comply with AS 44.62 (Administrative Procedure Act).
 Sec. 08.64.170. - License to practice medicine, podiatry, or osteopathy.
 (a) A person may not practice medicine, podiatry, or osteopathy in the state unless the person is licensed under this chapter, except that
 (1) a physician assistant may examine, diagnose, or treat persons under the supervision, control, and responsibility of either a physician licensed under this chapter or a physician exempted from licensing under AS 08.64.370 ;
 (2) a mobile intensive care paramedic may render emergency lifesaving service; and
 (3) a person who is licensed or authorized under another chapter of this title may engage in a practice that is authorized under that chapter.
 (b) [Repealed, Sec. 4 ch 101 SLA 1974].
 (c) A chiropodist practicing in the state on May 16, 1972, is exempt from this section.
 (d) A podiatrist practicing in the state on March 26, 1976, is exempt from this section, and shall be issued a license without examination if application is made within one year of March 26, 1976.
 Sec. 08.64.180. - Application for license.
 A person who desires to practice medicine or osteopathy in the state shall apply in writing to the department for a license.
 Sec. 08.64.190. - Contents of application.
 The application must state the name, age, residence, the duration of residence, the time spent in medical or osteopathy study, the place, year, and school in which degrees were granted, the applicant's medical work history, and other information the board considers necessary. The application shall be made under oath. The board may verify information in the application through direct contact with the appropriate schools, medical boards, or other agencies that can substantiate the information.
 Sec. 08.64.200. - Qualifications of physician applicants.
 (a) Except for foreign medical graduates as specified in AS 08.64.225 , each physician applicant shall
 (1) submit a certificate of graduation from a legally chartered medical school accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association;
 (2) submit a certificate from a recognized hospital certifying that the applicant has satisfactorily performed the duties of resident physician or intern for a period of one year;
 (3) submit a list of negotiated settlements or judgments in claims or civil actions alleging medical malpractice against the applicant, including an explanation of the basis for each claim or action;
 (4) not have a license to practice medicine in another state, province, or territory which is currently suspended or revoked for disciplinary reasons; and
 (5) be a citizen of the United States or be lawfully admitted for permanent residence.
 (b) The board shall determine whether each physician applicant has any disciplinary or other actions recorded in the nationwide disciplinary data bank of the Federation of State Medical Boards. If the physician applicant was licensed or practiced in a jurisdiction that does not record information with the data bank of the Federation of State Medical Boards, the board shall contact the medical regulatory body of that jurisdiction to obtain comparable information about the applicant.
 Sec. 08.64.205. - Qualifications for osteopath applicants.
 Each osteopath applicant shall meet the qualifications prescribed in AS 08.64.200(a)(3) - (5) and shall
 (1) submit a certificate of graduation from the legally chartered school of osteopathy approved by the board;
 (2) submit a certificate from a hospital approved by the American Medical Association or the American Osteopathic Association which certifies that the osteopath has satisfactorily completed and performed the duties of intern or resident physician for one year;
 (3) take the examination required by AS 08.64.210 or be certified to practice by the National Board of Examiners for Osteopathic Physicians and Surgeons.
 Sec. 08.64.207. - Qualifications for acupuncture applicants. [Repealed, Sec. 15 ch 6 SLA 1990].
 Repealed or Renumbered
 Sec. 08.64.209. - Qualifications for podiatry applicants.
 (a) Each applicant who desires to practice podiatry shall meet the qualifications prescribed in AS 08.64.200 (a)(3) and (4) and shall
 (1) submit a certificate of graduation from a legally chartered school of podiatry approved by the board;
 (2) take the examination required by AS 08.64.210 ; the State Medical Board shall call to its aid a podiatrist of known ability who is licensed to practice podiatry to assist in the examination and licensure of applicants for a license to practice podiatry;
 (3) meet other qualifications of experience or education which the board may require.
 (b) The provisions of AS 08.64.180 - 08.64.190, 08.64.220, and 08.64.230 - 08.64.380 relating to the practice of medicine or osteopathy apply to the application procedure, testing, and practice of podiatry, as appropriate.
 Sec. 08.64.210. - Examination required.
 (a) An applicant shall take examinations in subjects the board considers necessary, unless excused under provisions of AS 08.64.250 .
 (b) The deadline for submitting an exam application to the board shall be established by regulation.
 Sec. 08.64.215. - Insurance required. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.64.220. - Contents of examination and grading.
 (a) The board shall offer a written examination sufficient to test the applicant's fitness to practice medicine or osteopathy.
 (b) [Repealed by Sec. 27 ch 148 SLA 1970].
 (c) The examinations, answers, and scores shall be preserved and filed.
 Sec. 08.64.225. - Foreign medical graduates.
 Applicants who are graduates of medical colleges not accredited by the Association of American Medical Colleges and the Council on Medical Education of the American Medical Association must meet the requirements of AS 08.64.200 (a)(2) - (5) and 08.64.255, and must have passed examinations as specified by the board in regulations or be licensed by examination in another state or territory of the United States or province or territory of Canada.
 Sec. 08.64.230. - License granted.
 (a) If a physician applicant passes the examination and meets the requirements of AS 08.64.200 and 08.64.255, the board shall grant a license to the applicant to practice medicine in the state.
 (b) If an osteopath applicant passes the examination and meets the requirements of AS 08.64.205 and 08.64.255, the board shall grant a license to the applicant to practice osteopathy in the state.
 (c) Each license shall be signed by the secretary and president of the board, and have the seal of the board affixed to it.
 Sec. 08.64.240. - License refused.
 (a) The board may not grant a license if
 (1) the applicant fails or cheats during the examination;
 (2) the applicant has surrendered a license in another jurisdiction while under investigation and the license has not been reinstated in that jurisdiction;
 (3) the board determines that the applicant is professionally unfit to practice medicine or osteopathy in the state; or
 (4) the applicant fails to comply with a requirement of this chapter.
 (b) The board may refuse to grant a license to any applicant for the same reasons that it may impose disciplinary sanctions under AS 08.64.326.
 Sec. 08.64.250. - License by credentials.
 The board may waive the examination requirement and license by credentials if the physician or podiatry applicant meets the requirements of AS 08.64.200 or 08.64.209, submits proof of continued competence as required by regulation, pays the required fee and has
 (1) an active license from a board of medical examiners established under the laws of a state or territory of the United States or a province or territory of Canada issued after thorough examination; or
 (2) passed an examination as specified by the board in regulations.
 Sec. 08.64.255. - Interviews.
 An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.
 Sec. 08.64.260. - Re-examination.
 (a) If the applicant fails the examination, the applicant may, on the same application and payment of a reexamination fee, take another examination not less than six months nor more than two years after the date of the first examination. If the applicant fails a second examination, the applicant may, after a year or more of further study or training approved by the board, make a new application for licensure.
 (b) [Repealed, Sec. 21 ch 87 SLA 1987].
 (c) [Repealed, Sec. 21 ch 87 SLA 1987].
 (d) [Repealed, Sec. 21 ch 87 SLA 1987].
 Sec. 08.64.270. - Temporary permits.
 (a) The board may issue a temporary permit to a physician applicant, osteopath applicant, or podiatry applicant who meets the requirements of AS 08.64.200 , 08.64.205, 08.64.209, or 08.64.225 and pays the required fee.
 (b) A temporary permit issued under this section is valid for six months and shall be reviewed by the board at the next regularly scheduled board meeting that occurs after its issuance.
 (c) A temporary permit issued under this section may not be renewed.
 (d) The fee for a permit issued under this section is one-fourth of the fee for a biennial license, plus the appropriate application fee.
 (e) Upon application by the permittee and approval of the board, a permit issued under this section may be converted to a biennial license upon payment of the biennial fee minus the six-month permit fee paid under (d) of this section, plus the appropriate application fee.
 Sec. 08.64.272. - Residency and internship permits.
 (a) A person may not serve as a resident or intern without a permit issued under this section.
 (b) For the limited purpose of residency or internship, the board may issue a permit to an applicant without examination if the applicant meets the requirements of AS 08.64.200 (a)(1) and applicable regulations of the board, meets the requirements of AS 08.64.279 , pays the required fee, and has been accepted by an eligible institution in the state for the purpose of residency or internship.
 (c) A permit issued under this section is valid for the period specified by the board, but not to exceed one year after the date of issue.
 Sec. 08.64.275. - Temporary permit for locum tenens practice.
 (a) A member of the board or its executive secretary may grant a temporary permit to a physician or osteopath for the purpose of substituting for another physician or osteopath licensed in this state. The permit is valid for 60 consecutive days. If circumstances warrant, an extension of the permit may be granted by the board.
 (b) A physician applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.200 and 08.64.279. In addition, the physician shall submit evidence of holding a license to practice medicine in a state or territory of the United States or in a province or territory of Canada.
 (c) An osteopath applying under (a) of this section shall pay the required fee and shall meet the requirements of AS 08.64.205 and 08.64.279. In addition, the osteopath shall submit evidence of holding a license to practice in a state or territory of the United States or in a province or territory of Canada.
 (d) Within 10 days after the permit has been granted, the board member shall forward to the department a report of the issuance of the permit.
 (e) Permits and extensions of permits issued under this section to an individual are not valid for more than 240 days during any consecutive 24 months.
 Sec. 08.64.276. - Retired status license.
 (a) On retiring from practice and payment of an appropriate one-time fee, a licensee in good standing with the board may apply for the conversion of an active or inactive license to a retired status license. A person holding a retired status license may not practice medicine, osteopathy, or podiatry in the state. A retired status license is valid for the life of the license holder and does not require renewal. A person holding a retired status license is exempt from AS 08.64.312 .
 (b) A person with a retired status license may apply for active licensure. Before issuing an active license under this subsection, the board may require the applicant to meet reasonable criteria as determined under regulations of the board, which may include submission of continuing medical education credits, reexamination requirements, physical and psychiatric examination requirements, an interview with the entire board, and review of information in the national data bank of the National Federation of State Medical Boards.
 Sec. 08.64.279. - Interview for permits.
 An applicant for an intern permit, a resident permit, or a temporary permit for locum tenens practice may be interviewed in person by the board, a member of the board, the executive secretary of the board, or a person designated for that purpose by the board.
 Sec. 08.64.280. - Record of license. [Repealed, Sec. 10 ch 37 SLA 1986].
 Repealed or Renumbered
 Sec. 08.64.290. - Examination fee. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Sec. 08.64.300. - Fee for license by reciprocity. [Repealed, Sec. 19 ch 77 SLA 1969].
 Repealed or Renumbered
 Sec. 08.64.310. - Annual license fee. [Repealed, Sec. 20 ch 77 SLA 1969].
 Repealed or Renumbered
 Sec. 08.64.311. - License renewal. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.100 ].
 Repealed or Renumbered
 Sec. 08.64.312. - Continuing education requirements.
 (a) The board shall promote a high degree of competence in the practice of medicine by requiring every physician licensed in the state to fulfill continuing education requirements.
 (b) Before a license may be renewed, the licensee shall submit evidence to the board that continuing education requirements prescribed by regulations adopted by the board have been met.
 (c) The board may exempt a physician from the requirements of (b) of this section upon an application by the physician giving evidence satisfactory to the board that the physician is unable to comply with the requirements because of extenuating circumstances. However, a person may not be exempted from more than 15 hours of continuing education in a five-year period.
 Sec. 08.64.313. - Inactive license.
 A licensee who does not practice in the state may hold an inactive license. A person who practices in the state, however infrequently, shall hold an active license.
 Sec. 08.64.315. - Fees.
 The department shall set fees under AS 08.01.065 for each of the following:
 (1) application;
 (2) license by examination;
 (3) license by endorsement or waiver of examination;
 (4) temporary permit;
 (5) locum tenens permit;
 (6) license renewal, active;
 (7) license renewal, inactive;
 (8) license by reexamination.
 Sec. 08.64.320. - Disposition of fees. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Sec. 08.64.325. - Limits or conditions on license; discipline. [Repealed, Sec. 19 ch 48 SLA 1983].
 Repealed or Renumbered
 Sec. 08.64.326. - Grounds for imposition of disciplinary sanctions.
 (a) The board may impose a sanction if the board finds after a hearing that a licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation while providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted, including conviction based on a guilty plea or plea of nolo contendere, of
 (A) a felony or other crime if the felony or other crime is substantially related to the qualifications, functions, or duties of the licensee; or
 (B) a crime involving the unlawful procurement, sale, prescription, or dispensing of drugs;
 (5) has procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action;
 (6) intentionally or negligently permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards even if the patient was not injured;
 (7) failed to comply with this chapter, a regulation adopted under this chapter, or an order of the board;
 (8) has demonstrated
 (A) professional incompetence, gross negligence, or repeated negligent conduct; the board may not base a finding of professional incompetence solely on the basis that a licensee's practice is unconventional or experimental in the absence of demonstrable physical harm to a patient;
 (B) addiction to, severe dependency on, or habitual overuse of alcohol or other drugs that impairs the licensee's ability to practice safely;
 (C) unfitness because of physical or mental disability;
 (9) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral conduct in connection with the delivery of professional services to patients; in this paragraph, "sexual misconduct" includes sexual contact, as defined by the board in regulations adopted under this chapter, or attempted sexual contact with a patient outside the scope of generally accepted methods of examination or treatment of the patient, regardless of the patient's consent or lack of consent, during the term of the physician-patient relationship, as defined by the board in regulations adopted under this chapter, unless the patient was the licensee's spouse at the time of the contact or, immediately preceding the physician-patient relationship, was in a dating, courtship or engagement relationship with the licensee;
 (10) has violated AS 18.16.010 ;
 (11) has violated any code of ethics adopted by regulation by the board;
 (12) has denied care or treatment to a patient or person seeking assistance from the physician if the only reason for the denial is the failure or refusal of the patient to agree to arbitrate as provided in AS 09.55.535 (a); or
 (13) has had a license or certificate to practice medicine in another state or territory of the United States, or a province or territory of Canada, suspended or revoked unless the suspension or revocation was caused by the failure of the licensee to pay fees to that state, territory, or province.
 (b) In a case involving (a)(13) of this section, the final findings of fact, conclusions of law and order of the authority that suspended or revoked a license or certificate constitutes a prima facie case that the license or certificate was suspended or revoked and the grounds under which the suspension or revocation was granted.
 Sec. 08.64.330. - Grounds for revocation of license. [Repealed, Sec. 19 ch 48 SLA 1983].
 Repealed or Renumbered
 Sec. 08.64.331. - Disciplinary sanctions.
 (a) If the board finds that a licensee has committed an act set out in AS 08.64.326 (a), the board may
 (1) permanently revoke a license to practice;
 (2) suspend a license for a determinate period of time;
 (3) censure a licensee;
 (4) issue a letter of reprimand;
 (5) place a licensee on probationary status and require the licensee to
 (A) report regularly to the board on matters involving the basis of probation;
 (B) limit practice to those areas prescribed;
 (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement;
 (6) impose limitations or conditions on the practice of a licensee;
 (7) impose a civil fine of not more than $10,000; or
 (8) impose one or more of the sanctions set out in (1) - (7) of this subsection.
 (b) The board may end the probation of a licensee if it finds that the deficiencies which required this sanction have been remedied.
 (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety if the licensee continues to practice. A person whose license is suspended under this section is entitled to a hearing by the board no later than seven days after the effective date of the order and the person may appeal the suspension after a hearing to a court of competent jurisdiction.
 (d) The board may reinstate a license that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety.
 (e) The board may suspend a license upon receipt of a certified copy of evidence that a license to practice medicine in another state or territory of the United States or province of Canada has been suspended or revoked. The suspension remains in effect until a hearing can be held by the board.
 (f) The board shall be consistent in the application of disciplinary sanctions. A significant departure from earlier decisions of the board involving similar situations must be explained in findings of fact or orders made by the board.
 Sec. 08.64.332. - Automatic suspension for mental incompetency or insanity.
 Notwithstanding AS 44.62, if a person holding a license to practice medicine or osteopathy under this chapter is adjudged mentally incompetent or insane by a final order or adjudication of a court of competent jurisdiction or by voluntary commitment to an institution for the treatment of mental illness, the person's license shall be suspended by the board. The suspension shall continue in effect until the court finds or adjudges that the person has been restored to reason or until a licensed psychiatrist approved by the board determines that the person has been restored to reason.
 Sec. 08.64.334. - Voluntary surrender.
 The board, at its discretion, may accept the voluntary surrender of a license. A license may not be returned unless the board determines, under regulations adopted by it, that the licensee is competent to resume practice. However, a license may not be returned to the licensee if the voluntary surrender resulted in the dropping or suspension of civil or criminal charges against the physician.
 Sec. 08.64.335. - Reports of disciplinary action or license suspension or surrender.
 The board shall promptly report to the Federation of State Medical Boards for inclusion in the nationwide disciplinary data bank license and permit refusals under AS 08.64.240 , actions taken by the board under AS 08.64.331 , and license and permit suspensions or surrenders under AS 08.64.332 or 08.64.334.
 Sec. 08.64.336. - Duty of physicians and hospitals to report.
 (a) A physician who professionally treats a person licensed to practice medicine or osteopathy in this state for alcoholism or drug addiction, or for mental, emotional, or personality disorders, shall report it to the board if there is probable cause that the person may constitute a danger to the health and welfare of that person's patients or the public if that person continues in practice. The report must state the name and address of the person and the condition found.
 (b) A hospital that revokes, suspends, conditions, restricts, or refuses to grant hospital privileges to, or imposes a consultation requirement on, a person licensed to practice medicine or osteopathy in the state shall report to the board the name and address of the person and the reasons for the action within seven working days after the action is taken. A hospital shall also report to the board the name and address of a person licensed to practice medicine or osteopathy in the state if the person resigns hospital staff privileges while under investigation by the hospital or a committee of the hospital and the investigation could result in the revocation, suspension, conditioning, or restricting of, or the refusal to grant, hospital privileges, or in the imposition of a consultation requirement. A report is required under this subsection regardless of whether the person voluntarily agrees to the action taken by the hospital. A report is not required if the sole reason for the action is the person's failure to complete hospital records in a timely manner or to attend staff or committee meetings. In this subsection "consultation requirement" means a restriction placed on a person's existing hospital privileges requiring consultation with a designated physician or group of physicians in order to continue to exercise the hospital privileges.
 (c) Upon receipt of a report under (a) or (b) of this section, the board shall investigate the matter and, upon a finding that there is reasonable cause to believe that the person who is the subject of the report is a danger to the health or welfare of the public or to the person's patients, the board may appoint a committee of three qualified physicians to examine the person and report its findings to the board. Notwithstanding the provisions of this subsection, the board may summarily suspend a license under AS 08.64.331 (c) before appointing an examining committee or before the committee makes or reports its findings.
 (d) If the board finds that a person licensed to practice medicine or osteopathy is unable to continue in practice with reasonable safety to the person's patients or to the public, the board shall initiate action to suspend, revoke, limit, or condition the person's license to the extent necessary for the protection of the person's patients and the public.
 (e) A physician, hospital, hospital committee, or private professional organization contracted with under AS 08.64.101 (5) to identify, confront, evaluate, and treat individuals licensed under this chapter who abuse addictive substances that in good faith submits a report under this section or participates in an investigation or judicial proceeding related to a report submitted under this section is immune from civil liability for the submission or participation.
 (f) A physician or hospital may not refuse to submit a report under this section or withhold from the board or its investigators evidence related to an investigation under this section on the grounds that the report or evidence
 (1) concerns a matter that was disclosed in the course of a confidential physician-patient or psychotherapist-patient relationship or during a meeting of a hospital medical staff, governing body, or committee that was exempt from the public meeting requirements of AS 44.62.310; or
 (2) is required to be kept confidential under AS 18.23.030 .
 Sec. 08.64.338. - Medical and psychiatric exams.
 For the purposes of an investigation under this chapter, the board may order a person to whom it has issued a license or permit to submit to a medical or psychiatric examination by a physician or other practitioner of the healing arts appointed by the board. An examination shall be at the board's expense. An examination may include the required submission of biological specimens requested by the examining physician or practitioner.
 Sec. 08.64.340. - Statement of grounds of refusal or revocation of license.
 If the board refuses to issue a license or revokes a license, it shall file a brief and concise statement of the grounds and reasons for the action in the office of the secretary of the board and in the department. The statement, together with the written decision of the board, shall remain of record in the department.
 Sec. 08.64.345. - Reports relating to malpractice actions and claims.
 A person licensed under this chapter shall report in writing to the board concerning the outcome of each medical malpractice claim or civil action in which damages have been or are to be paid by or on behalf of the licensee to the claimant or plaintiff, whether by judgment or under a settlement. This report shall be made within 30 days after resolution of the claim or termination of the civil action.
 Sec. 08.64.350. - Certification of revocation. [Repealed, Sec. 10 ch 37 SLA 1986].
 Repealed or Renumbered
 Sec. 08.64.360. - Penalty for practicing without a license or in violation of chapter.
 Except for a physician assistant, a mobile intensive care paramedic, or a person licensed or authorized under another chapter of this title who engages in practices for which that person is licensed or authorized under that chapter, a person practicing medicine or osteopathy in the state without a valid license or permit is guilty of a class A misdemeanor. Each day of illegal practice is a separate offense.
 Sec. 08.64.362. - Limitation of liability.
 An action may not be brought against a person for damages resulting from a report made in good faith to a public agency by the person or participation by the person in an investigation by a public agency or an administrative or judicial proceeding relating to the report if the report relates to a person licensed under this chapter.
 Sec. 08.64.365. - Physicians acting under emergency circumstances. [Repealed, Sec. 46 ch 102 SLA 1976].
 Repealed or Renumbered
 Sec. 08.64.366. - Liability for services rendered by a mobile intensive care paramedic.
 An act or omission of a mobile intensive care paramedic done or omitted in good faith while rendering emergency service to a person who is in need of immediate aid in order to avoid serious harm or loss of life does not impose any liability upon the mobile intensive care paramedic, the supervising physician, a hospital, the officers, members of the staff, nurses, or other employees of a hospital or upon a federal, state, borough, city or other local governmental unit or upon other employees of a governmental unit; however, this section does not relieve a physician or a hospital of a duty otherwise imposed by law upon the physician or hospital for the designation or training of a mobile intensive care paramedic or for the provision or maintenance of equipment to be used by the mobile intensive care paramedic.
 Sec. 08.64.367. - Administrative Procedure Act.
 (a) A physician may not be subject to disciplinary action by the State Medical Board for prescribing or administering amygdalin (laetrile) to a patient under the physician's care who has requested the substance unless the State Medical Board in a hearing conducted under AS 44.62 (Administrative Procedure Act) has made a formal finding that the substance is harmful.
 (b) A hospital or health facility may not interfere with the physician-patient relationship by restricting or forbidding the use of amygdalin (laetrile) when prescribed or administered by a physician and requested by a patient unless the substance as prescribed or administered by the physician is found to be harmful by the State Medical Board in a hearing conducted under the provisions of AS 44.62 (Administrative Procedure Act).
 Sec. 08.64.368. - Permits for isolated areas. [Repealed, Sec. 27 ch 148 SLA 1970].
 Repealed or Renumbered
 Sec. 08.64.369. - Health care professionals to report certain injuries.
 (a) A health care professional who initially treats or attends to a person with an injury described in (b) of this section shall make certain that an oral report of the injury is made promptly to the Department of Public Safety, a local law enforcement agency, or a village public safety officer. The health care professional shall make certain that a written report of an injury described in (b)(1) or (2) of this section is submitted to the Department of Public Safety within three working days after the person is treated. The report shall be on a form provided by the Department of Public Safety.
 (b) The following injuries shall be reported under (a) of this section:
 (1) second or third degree burns to five percent or more of a patient's body;
 (2) a burn to a patient's upper respiratory tract or laryngeal edema due to the inhalation of super-heated air;
 (3) a bullet wound, powder burn, or other injury apparently caused by the discharge of a firearm;
 (4) an injury apparently caused by a knife, axe, or other sharp or pointed instrument, unless the injury was clearly accidental; and
 (5) an injury that is likely to cause the death of the patient, unless the injury was clearly accidental.
 (c) A person who, in good faith, makes a report under this section, or who participates in judicial proceedings related to a report under this section, is immune from any civil or criminal liability that might otherwise be incurred as a result of making such a report or participating in the judicial proceedings.
 (d) In this section, "health care professional" includes an emergency medical technician certified under AS 18.08, health aide, physician, nurse, mobile intensive care paramedic, and physician's assistant, but does not include a practitioner of religious healing.
 Sec. 08.64.370. - Exceptions to application of chapter.
 This chapter does not apply to
 (1) officers in the regular medical service of the armed services of the United States or the United States Public Health Service while in the discharge of their official duties;
 (2) a physician or osteopath, who is not a resident of this state, who is asked by a physician or osteopath licensed in this state to help in the diagnosis or treatment of a case;
 (3) the practice of the religious tenets of a church;
 (4) a physician in the regular medical service of the United States Public Health Service or the armed services of the United States volunteering services without pay or other remuneration to a hospital, clinic, medical office, or other medical facility in the state;
 (5) a person who is certified as a direct-entry midwife by the department under AS 08.65 or who is excluded from registration under AS 08.65.170(3) and (4) while engaged in the practice of midwifery whether or not the person accepts compensation for those services.
 Sec. 08.64.380. - Definitions.
 In this chapter,
 (1) "board" means the State Medical Board;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "emergency lifesaving service" means medical assistance given to a person whose physical condition, in the opinion of a reasonably prudent person, is such that the person's life is endangered;
 (4) "mobile intensive care paramedic" means an individual licensed by the board who has successfully completed a paramedic training program certified under AS 18.08 and is authorized by law to provide advanced life support under the direct or indirect supervision of a physician;
 (5) [Repealed, Sec. 21 ch 6 SLA 1993].
 (6) "practice of medicine" or "practice of osteopathy" means:
 (A) for a fee, donation or other consideration, to diagnose, treat, operate on, prescribe for, or administer to, any human ailment, blemish, deformity, disease, disfigurement, disorder, injury, or other mental or physical condition; or to attempt to perform or represent that a person is authorized to perform any of the acts set out in this subparagraph;
 (B) to use or publicly display a title in connection with a person's name including "doctor of medicine," "physician," "M.D.," or "doctor of osteopathic medicine" or "D.O." or a specialist designation including "surgeon," "dermatologist," or a similar title in such a manner as to show that the person is willing or qualified to diagnose or treat the sick or injured;
 (7) "practice of podiatry" means the medical, mechanical, and surgical treatment of ailments of the foot, the muscles and tendons of the leg governing the functions of the foot, and superficial lesions of the hand other than those associated with trauma; the use of preparations, medicines, and drugs as are necessary for the treatment of these ailments; the treatment of the local manifestations of systemic diseases as they appear in the hand and foot, except that
 (A) a patient shall be concurrently referred to a physician or osteopath for the treatment of the systemic disease itself;
 (B) general anaesthetics may be used only in colleges of podiatry approved by the State Medical Board and in hospitals approved by the joint commission on the accreditation of hospitals, or the American Osteopathic Association; and
 (C) the use of X-ray or radium for therapeutic purposes is not permitted.
 Chapter 08.65. - DIRECT-ENTRY MIDWIVES
 Sec. 08.65.010. - Board established.
 (a) There is established the Board of Certified Direct-Entry Midwives.
 (b) The board consists of five members appointed by the governor subject to confirmation by the legislature in joint session. Members serve for staggered terms of four years and, except as provided in AS 39.05.080(4), each member serves until a successor is appointed and qualified. The board consists of two members who are certified in this state as direct-entry midwives, one physician licensed by the State Medical Board in this state who has an obstetrical practice or has specialized training in obstetrics, one certified nurse midwife licensed by the Board of Nursing in this state, and one public member.
 (c) The board shall elect a chair and a secretary from among its members to terms of one year.
 (d) A member may serve no more than two complete consecutive terms on the board.
 Sec. 08.65.020. - Meetings.
 The board shall meet twice annually and may hold special meetings at the call of the chair or on the written notice of two board members.
 Sec. 08.65.030. - Duties and powers of board.
 (a) The board shall
 (1) examine applicants and issue certificates to those applicants it finds qualified;
 (2) adopt regulations establishing certification and certificate renewal requirements;
 (3) issue permits to apprentice direct-entry midwives;
 (4) hold hearings and order the disciplinary sanction of a person who violates this chapter or a regulation of the board;
 (5) supply forms for applications, licenses, permits, certificates, and other papers and records;
 (6) enforce the provisions of this chapter and adopt regulations necessary to make the provisions of this chapter effective;
 (7) approve curricula and adopt standards for basic education, training, and apprentice programs;
 (8) provide for surveys of the basic direct-entry midwife education programs in the state at the times it considers necessary;
 (9) approve education, training, and apprentice programs that meet the requirements of this chapter and of the board, and deny, revoke, or suspend approval of such programs for failure to meet the requirements.
 (b) The board may by regulation require that a certified direct-entry midwife undergo a uniform or random period of peer review to ensure the quality of care provided by the certified direct-entry midwife.
 Sec. 08.65.040. - Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.65.050. - Qualifications for license.
 The board shall issue a certificate to practice direct-entry midwifery to a person who
 (1) applies on a form provided by the board;
 (2) pays the fees required under AS 08.65.100 ;
 (3) furnishes evidence satisfactory to the board that the person has not engaged in conduct that is a ground for imposing disciplinary sanctions under AS 08.65.110 ;
 (4) furnishes evidence satisfactory to the board that the person has completed a course of study and supervised clinical experience; the study and experience must be of at least one year's duration;
 (5) successfully completes the examination required by the board.
 Sec. 08.65.060. - Examinations.
 The board shall conduct examinations at least once each year. Examinations may be written, oral, or practical or a combination of these. The board shall utilize the examination provided by a nationally certified midwives organization recognized by the board. An applicant who has failed the examination may not retake the examination for a period of six months. An applicant who has failed the examination more than one time may not retake the examination unless the applicant has participated in or successfully completed further education and training programs as prescribed by the board.
 Sec. 08.65.070. - Licensure by credentials.
 The board may by regulation provide for the certification without examination of a person who meets the requirements of AS 08.65.050 (1) - (4), who is currently licensed in another state with licensing requirements at least equivalent in scope, quality, and difficulty to those of this state, and who has passed the national examination required of certified direct-entry midwives in this state. At a minimum, an applicant for certification by credentials
 (1) may not be the subject of an unresolved complaint or disciplinary action before a regulatory authority in this state or another jurisdiction;
 (2) may not have failed the examination for a certificate or license to practice midwifery in this state;
 (3) may not have had a certificate or license to practice midwifery revoked in this state or another jurisdiction;
 (4) shall submit proof of continued competency satisfactory to the board; and
 (5) shall pay the required fees.
 Sec. 08.65.080. - Renewal.
 A certificate issued under AS 08.65.050 or 08.65.070 expires on a date determined by the board and may be renewed every two years upon payment of the required fee and the submission of evidence satisfactory to the board that the certified direct-entry midwife has met the continuing education requirements of the board, has demonstrated continued practical professional competence under regulations adopted by the board, and has not committed an act that is a ground for discipline under AS 08.65.110 .
 Sec. 08.65.090. - Apprentice direct-entry midwives.
 (a) The board shall issue a permit to practice as an apprentice direct-entry midwife to a person who satisfies the requirements of AS 08.65.050(1) - (3) and who has been accepted into a program of education, training, and apprenticeship approved by the board under AS 08.65.030. A permit application under this section must include information the board may require. The permit is valid for a term of two years and may be renewed in accordance with regulations adopted by the board.
 (b) An apprentice direct-entry midwife may perform all the activities of a certified direct-entry midwife if supervised in a manner prescribed by the board by
 (1) a certified-direct-entry midwife who has been licensed and practicing in this state for at least two years;
 (2) a certified direct-entry midwife who has been licensed for at least two years in a state with licensing requirements at least equivalent in scope, quality, and difficulty to those of this state at the time of licensing, who is certified in this state, and who has practiced midwifery for the last two years;
 (3) a physician licensed in this state with an obstetrical practice at the time of undertaking the apprenticeship; or
 (4) a certified nurse midwife licensed by the Board of Nursing in this state with an obstetrical practice at the time of undertaking the apprenticeship.
 Sec. 08.65.100. - Fees.
 The department shall set fees under AS 08.01.065 to implement this chapter.
 Sec. 08.65.110. - Grounds for discipline, suspension, or revocation of certification.
 The board may impose a disciplinary sanction on a person holding a certificate or permit under this chapter if the board finds that the person
 (1) secured a certificate or permit through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or other crime that affects the licensee's ability to continue to practice competently and safely;
 (5) intentionally or negligently engaged in or permitted the performance of client care by persons under the certified direct-entry midwife's supervision that does not conform to minimum professional standards regardless of whether actual injury to the client occurred;
 (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
 (7) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) failure to keep informed of current professional practices;
 (C) addiction or severe dependency on alcohol or other drugs that impairs the ability to practice safely;
 (D) physical or mental disability;
 (8) engaged in lewd or immoral conduct in connection with the delivery of professional service to clients.
 Sec. 08.65.120. - Disciplinary sanctions.
 (a) When it finds that a person holding a certificate or permit is guilty of an offense under AS 08.65.110 , the board, in addition to the powers provided in AS 08.01.075 , may impose the following sanctions singly or in combination:
 (1) permanently revoke a certificate or permit to practice;
 (2) suspend a certificate or permit for a determinate period of time;
 (3) censure a person holding a certificate or permit;
 (4) issue a letter of reprimand;
 (5) place a person holding a certificate or permit on probationary status and require the person to
 (A) report regularly to the board upon matters involving the basis of probation;
 (B) limit practice to those areas prescribed;
 (C) continue professional education until a satisfactory degree of skill has been attained in those areas determined by the board to need improvement;
 (6) impose limitations or conditions on the practice of a person holding a certificate or permit.
 (b) The board may withdraw probationary status if it finds that the deficiencies that required the sanction have been remedied.
 (c) The board may summarily suspend a certificate or permit before final hearing or during the appeals process if the board finds that the person holding a certificate or permit poses a clear and immediate danger to the public health and safety if the person continues to practice. A person whose certificate or permit is suspended under this subsection shall be entitled to a hearing by the board no later than seven days after the effective date of the order. The person may appeal the suspension after a hearing to the superior court.
 (d) The board may reinstate a certificate or permit that has been suspended or revoked if the board finds after a hearing that the applicant is able to practice with reasonable skill and safety.
 (e) The board shall seek consistency in the application of disciplinary sanctions, and significant departure from prior decisions involving similar situations shall be explained in findings of fact or orders.
 Sec. 08.65.130. - Criminal penalty.
 A person who violates this chapter is guilty of a class B misdemeanor.
 Sec. 08.65.140. - Required practices.
 (a) Except as provided in (e) of this section, a certified direct-entry midwife may not assume the care or delivery of a client unless the certified direct-entry midwife has recommended that the client undergo a physical examination performed by a physician, physician assistant, advanced nurse practitioner, or certified nurse midwife, who is licensed in this state.
 (b) A certified direct-entry midwife shall inform a woman seeking home birth of the possible risks of home birth and shall obtain a signed informed consent, including the recommendation for a physical examination required under (a) of this section, from the woman before the onset of labor. The consent shall be maintained by the certified direct-entry midwives as part of the woman's record. A certified direct-entry midwife shall accept full legal responsibility for the direct-entry midwife's acts or omissions.
 (c) A certified direct-entry midwife shall comply with the requirements of AS 18.15.150 concerning taking of blood samples, AS 18.15.200 concerning screening of phenylketonuria (PKU), AS 18.50.160 concerning birth registration, AS 18.50.230 concerning registration of deaths, AS 18.50.240 concerning fetal death registration, and regulations adopted by the Department of Health and Social Services concerning prophylactic treatment of the eyes of newborn infants.
 (d) A certified direct-entry midwife may not knowingly deliver a woman who
 (1) has a history of thrombophlebitis or pulmonary embolism;
 (2) has gestational diabetes, diabetes, hypertension, Rh disease with positive titer, active tuberculosis, active syphilis, active gonorrhea, epilepsy, heart disease, or kidney disease;
 (3) contracts genital herpes simplex in the first trimester of pregnancy or has active genital herpes in the last two weeks of pregnancy;
 (4) has severe psychiatric illness;
 (5) inappropriately uses controlled substances, including those obtained by prescription;
 (6) has multiple gestation;
 (7) has a fetus of less than 37 weeks gestation at the onset of labor;
 (8) has a gestation of more than 42 weeks by dates and examination;
 (9) has a fetus in any presentation other than vertex at the onset of labor;
 (10) is a primigravida with an unengaged fetal head in active labor, or any woman who has rupture of membranes with unengaged fetal head, with or without labor;
 (11) has a fetus with suspected or diagnosed congenital anomalies that may require immediate medical intervention;
 (12) has pre-eclampsia or eclampsia;
 (13) has bleeding with evidence of placenta previa;
 (14) any condition determined by the board to be of high risk to the pregnant woman and newborn;
 (15) has had a previous caesarian delivery or other uterine surgery;
 (16) experienced the rupture of membranes at least 24 hours before the onset of labor; or
 (17) is less than 16 years of age at the time of delivery.
 (e) Notwithstanding (d) of this section, a certified direct-entry midwife may deliver a woman with any of the complications or conditions listed in (d)(1) - (17) of this section if
 (1) the delivery is a verifiable emergency; and
 (2) a physician or certified nurse midwife is not available in the geographic vicinity.
 (f) A certified direct-entry midwife may not attempt to correct fetal presentation by external or internal inversion unless
 (1) there is a verifiable emergency; and
 (2) a physician or certified nurse midwife is not available in the geographic vicinity.
 Sec. 08.65.150. - Prohibited practices.
 Except as provided in AS 08.65.170 , a person who is not certified under this chapter as a direct-entry midwife may not practice midwifery for compensation.
 Sec. 08.65.160. - Certification required if designation used.
 A person who is not certified under this chapter or whose certification is suspended or revoked, or whose certification has lapsed, who knowingly uses in connection with the person's name the words or letters "C.D.M.," "Certified Direct-Entry Midwife," or other letters, words, or insignia indicating or implying that the person is certified as a direct-entry midwife by this state or who in any way, orally or in writing, directly or by implication, knowingly holds out as being certified by the state as a direct-entry midwife in this state is guilty of a class B misdemeanor.
 Sec. 08.65.170. - Exclusions.
 This chapter does not apply to a person
 (1) who is licensed as a physician in this state;
 (2) who is licensed as a certified nurse midwife by the Board of Nursing in this state;
 (3) who is practicing midwifery on June 26, 1992, and who receives compensation for services if the person's cultural traditions have included, for at least two generations, the attendance of lay midwives at births, and if the person has attended at least 10 births;
 (4) whose cultural traditions have included, for at least two generations, the attendance of midwives at births, who accepts compensation for the practice of midwifery if the person has assisted another in at least 10 births and the person assisted is excluded from registration under this section or is a certified direct-entry midwife, physician, nurse midwife, or public health nurse.
 Sec. 08.65.180. - Responsibility for care.
 If a certified direct-entry midwife seeks to consult with or refer a patient to a licensed physician, the responsibility of the physician for the patient does not begin until the patient is physically within the physician's care.
 Sec. 08.65.190. - Definitions.
 In this chapter,
 (1) "board" means the Board of Certified Direct-Entry Midwives;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "practice of midwifery" means providing necessary supervision, health care, and education to women during pregnancy, labor, and the postpartum period, conducting deliveries on the midwife's own responsibility, and providing immediate postpartum care of the newborn; "practice of midwifery" includes preventative measures, the identification of physical, social, and emotional needs of the newborn and the woman, and arranging for consultation, referral, and continued involvement when the care required extends beyond the abilities of the midwife, and the execution of emergency measures in the absence of medical assistance, as specified in regulations adopted by the board.
 Chapter 08.66. - MOTOR VEHICLE DEALERS AND BUYERS' AGENTS
 Sec. 08.66.010. - Dealers to register.
 A dealer in motor vehicles, trailers, or semi-trailers shall, as a condition to engaging in business in the state, register biennially with the Department of Administration.
 Sec. 08.66.015. - Sale of motor vehicle.
 (a) A person who does business as a dealer in the state may not offer to sell or sell a motor vehicle as a new or current model motor vehicle unless the motor vehicle retains the manufacturer's certificate of origin.
 (b) A person who does business as a dealer in the state may not offer to sell or sell a motor vehicle as a new or current model motor vehicle having a manufacturer's warranty unless
 (1) the dealer has a current sales and service agreement with the manufacturer and the agreement requires the dealer, upon demand of the motor vehicle buyer, to perform or arrange for, within a reasonable distance of the dealer's place of business in the state, the repair and replacement work required of the manufacturer under the warranty; or
 (2) the dealer offers to give the buyer a rebate to cover the repair and replacement work that the dealer cannot perform or arrange for within a reasonable distance of the dealer's place of business.
 Sec. 08.66.020. - Application, bond, and fee.
 Application for dealer registration shall be accompanied by a biennial registration fee of $50 and a bond required by AS 08.66.060 .
 Sec. 08.66.030. - Form of application.
 The Department of Administration shall prescribe and furnish the form of application for dealer registration. The application must contain
 (1) the name under which the business is conducted;
 (2) the location of business;
 (3) the name and address of all persons having an interest in the business and, in the case of a corporation, the application shall contain the name and address of the two principal officers;
 (4) the name and make of all vehicles handled;
 (5) whether or not used vehicles are handled;
 (6) a statement that the applicant is a bona fide dealer in motor vehicles, trailers, or semi-trailers with an established business at the location given;
 (7) if the applicant sells a motor vehicle as a new or current model motor vehicle having a manufacturer's warranty, the name of the manufacturer of the motor vehicle and the date and duration of the applicant's sales and service agreement with the manufacturer;
 (8) other information the Department of Administration requires to administer AS 08.66.010 - 08.66.090.
 Sec. 08.66.040. - Filing application for registration.
 The application shall be filed with the Department of Administration. Upon receipt of the application the department shall examine it and may make an investigation of the information in it. If the department is satisfied that the dealer is entitled to registration, and the fees have been paid and a bond filed, the department shall assign a distinctive registration number to the dealer and file the dealer's application and index it alphabetically and numerically. A dealer is registered when the department assigns a registration number.
 Sec. 08.66.050. - Renewal of registration.
 A dealer shall renew the registration required by AS 08.66.010 - 08.66.090 before January 1 every two years.
 Sec. 08.66.060. - Bond.
 (a) An applicant for dealer registration or for renewal of dealer registration shall file with the application or request for renewal, and shall maintain in force while registered, a bond in favor of the state, executed by an authorized corporate surety approved by the commissioner of administration, in the amount of $10,000, except that a dealer who sells only motorcycles shall maintain in force while registered a bond in favor of the state, executed and approved in the same manner as bonds required of other dealers under this section, in the amount of $3,000. Instead of a corporate surety bond the commissioner may, in the commissioner's sole discretion, accept a bond in the same amount with at least two individual sureties, each justifying with real property in twice the amount of the bond. The commissioner shall make the investigation necessary to determine the actual financial responsibility of the individual sureties. The condition of the bond shall be that the applicant will conduct business in accordance with this chapter and will not commit fraud or make fraudulent representations in the course of business.
 (b) The bond shall be filed in the office of the commissioner of administration. A surety may cancel the bond upon 30 days' advance notice in writing filed with the commissioner. However, cancellation does not relieve a surety of liability arising on the bond from a sale made by the bonded dealer before cancellation or a liability that has accrued upon the bond before cancellation. The commissioner shall retain the canceled bond on file and may not relieve a surety of a liability arising before cancellation.
 Sec. 08.66.070. - Action on bond.
 If a person suffers loss or damage by reason of fraud, fraudulent representations, or violation of any provision of AS 08.66.010 - 08.66.090 by a dealer, the person has a right of action against the dealer and a personal right of action against the surety upon the bond. The aggregate liability of the surety does not exceed the amount of the bond.
 Sec. 08.66.080. - Penalties.
 A dealer who fails to register and file a bond as required by AS 08.66.010 - 08.66.090 is guilty of a violation. A dealer who knowingly violates a provision of AS 08.66.010 - 08.66.090 is guilty of a class A misdemeanor.
 Sec. 08.66.090. - Dealer defined.
 In AS 08.66.010 - 08.66.090, "dealer" means a person, or an agent, broker, or salesman of a person who is engaged in buying, selling, or dealing in new or used motor vehicles, trailers, or semi-trailers in the state, but does not include a buyer's agent when acting in the capacity of a buyer's agent. In this section, "buyer's agent" has the meaning given in AS 08.66.350 .
 Sec. 08.66.200. - Registration of buyer's agent.
 Sec. 08.66.200. Registration of buyer's agent.
 A person may not do business in the state by negotiating on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer unless the person is registered with the Department of Administration.
 Sec. 08.66.210. - Application, bond, and fee.
 (a) In order to register under AS 08.66.200 , a person shall file with the department an application, a bond required by AS 08.66.240 , and an application fee established by the department by regulation.
 (b) The department shall prescribe and furnish the form of application for the registration. The application must contain
 (1) the name under which the business is conducted;
 (2) the address of the main office of the business;
 (3) the name and address of all persons having an interest in the business, and in the case of a corporation the application shall contain the name and address of the two principal officers; and
 (4) other information the department requires.
 Sec. 08.66.220. - Department approval.
 The department shall approve an application for registration under AS 08.66.210 if the application contains the information required by AS 08.66.210 and the bond complies with AS 08.66.240 .
 Sec. 08.66.230. - Renewal of registration.
 A buyer's agent shall renew the registration required by AS 08.66.200 every two years by filing with the department a request for renewal, the bond required by AS 08.66.240 , and a renewal fee established by the department by regulation.
 Sec. 08.66.240. - Bond.
 (a) An applicant for registration under AS 08.66.210 or for renewal of a registration under AS 08.66.230 shall file with the application or request for renewal, and shall maintain in force while registered, a $10,000 bond that is in favor of the state and that is executed by an authorized corporate surety approved by the department.
 (b) Instead of the corporate surety bond required by (a) of this section, the department may, in the department's sole discretion, accept a bond in the same amount with at least two individual sureties. A surety shall provide as security real property that has a fair market value that is equal to two times the amount of the bond. The department shall investigate as necessary the actual financial responsibility of the individual sureties.
 (c) The bond required by this section is conditioned on the applicant complying with AS 08.66.200 - 08.66.350 and not committing fraud or making fraudulent representations in the course of doing business as a buyer's agent.
 (d) A surety may cancel the bond after giving the department 30 days' advance written notice. Cancellation does not relieve a surety of liability arising on the bond from a purchase negotiated by the bonded buyer's agent before cancellation or a liability that accrues against the bond before cancellation. The department shall retain the cancelled bond on file.
 Sec. 08.66.250. - Action on bond.
 If a person suffers loss or damage by reason of a buyer's agent, or a person doing business as a buyer's agent, violating AS 08.66.200 - 08.66.350 or committing fraud or making fraudulent representations in the course of doing business as a buyer's agent, the person may bring an action against the buyer's agent and the surety upon the bond. The aggregate liability of the surety may not exceed the amount of the bond.
 Sec. 08.66.260. - Buyer's agent contract required.
 Sec. 08.66.260. Buyer's agent contract required.
 (a) Before a buyer's agent negotiates on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer, the buyer's agent must have a written contract with the buyer.
 (b) The contract required by (a) of this section must include a description of the specific services to be provided by the buyer's agent, the date when the buyer's agent will provide the services, and a description of the fees that the buyer's agent will charge, including any fee that the buyer is to pay before the motor vehicle is delivered to the buyer.
 Sec. 08.66.270. - Purchase agreement.
 A buyer's agent shall arrange for the buyer's purchase agreement with the dealer to provide all warranty information, including the warranty expiration date, mileage limitations, and other restrictions. The warranty information must be specific to the motor vehicle being purchased.
 Sec. 08.66.280. - Fees of buyer's agent.
 Sec. 08.66.280. Fees of buyer's agent.
 (a) A buyer's agent may not collect a fee from a buyer before the agent and the buyer enter into the contract required by AS 08.66.260 .
 (b) A buyer's agent may not calculate the fee of the buyer's agent as a percentage of the motor vehicle purchase price or of the savings achieved by the agent for the buyer on the purchase of the motor vehicle.
 (c) Until the motor vehicle is delivered to the buyer, a buyer's agent shall hold in trust in a bank account a fee that the agent receives before the buyer receives the motor vehicle.
 Sec. 08.66.290. - Ownership interest prohibited.
 A buyer's agent may not own an interest in the motor vehicle that is the subject of the purchase that the agent is negotiating for the buyer.
 Sec. 08.66.300. - Certain compensation prohibited.
 A buyer's agent may not accept a rebate, kickback, commission, or other form of compensation from a financial institution, motor vehicle dealer, or other person, except the buyer, on a motor vehicle purchase that the agent negotiates for a buyer.
 Sec. 08.66.310. - Dual agency prohibited.
 When representing a buyer, a buyer's agent may not act as an agent for the motor vehicle dealer.
 Sec. 08.66.320. - Records of buyer's agent.
 Sec. 08.66.320. Records of buyer's agent.
 A buyer's agent shall maintain complete records of each motor vehicle purchase the agent negotiates, including the purchase arrangements and monetary transactions. The records must include
 (1) copies of advertisements, brochures, and pamphlets issued, used, or distributed by the buyer's agent during the sales transaction;
 (2) the original contract between the buyer's agent and the buyer;
 (3) copies of any purchase orders issued by the buyer's agent;
 (4) evidence of the delivery of the motor vehicle to the buyer;
 (5) a copy of the purchase agreement between the buyer and the motor vehicle dealer; and
 (6) a copy of any service agreement between the manufacturer and the motor vehicle dealer.
 Sec. 08.66.330. - Penalty.
 A person who knowingly violates AS 08.66.200 - 08.66.350 is guilty of a class A misdemeanor.
 Sec. 08.66.350. - Definitions.
 In AS 08.66.200 - 08.66.350,
 (1) "buyer's agent" means a person who does business in the state by negotiating on behalf of a buyer the purchase of a motor vehicle from a motor vehicle dealer;
 (2) "department" means the Department of Administration;
 (3) "motor vehicle dealer" means a person who is engaged in the business of buying, selling, or dealing in new or used motor vehicles and maintains an inventory of motor vehicles for sale.
 Chapter 08.67. - MOBILE HOME DEALERS
 Sec. 08.67.010. - Registration of mobile home dealers.
 A mobile home dealer may not do business in the state unless the dealer is registered with the department. However, a person licensed under AS 08.88 may, without registering under this chapter, perform the same activities with respect to mobile homes, except for property management, as are authorized for that person to perform under AS 08.88 with respect to real estate.
 Sec. 08.67.020. - Application, bond, and fee.
 (a) In order to register under AS 08.67.010 , a person shall file with the department an application, a bond required by AS 08.67.050 , and application and registration fees established by the department by regulation.
 (b) The department shall prescribe and furnish the form of application for dealer registration. The application must contain
 (1) the name under which the business is conducted;
 (2) the location of business;
 (3) the name and address of all persons having an interest in the business and, in the case of a corporation, the application must contain the name and address of the two principal officers;
 (4) the name and address of all sales representatives;
 (5) the name and make of all new mobile homes handled;
 (6) whether or not used mobile homes are handled;
 (7) a statement that the applicant is a bona fide dealer in mobile home sales with a principal office at the location given;
 (8) if the applicant sells a mobile home as a new or current model mobile home having a manufacturer's warranty, the name of the manufacturer of the mobile home and the date and duration of the applicant's sales and service agreement with the manufacturer;
 (9) other information the department requires to administer this chapter.
 Sec. 08.67.030. - Department approval.
 The department shall approve an application for registration under AS 08.67.020 if the application contains the information required by AS 08.67.020 and the bond complies with AS 08.67.050 .
 Sec. 08.67.040. - Renewal of registration.
 A dealer shall renew the registration required by AS 08.67.010 every two years by filing with the department a request for renewal, the bond required by AS 08.67.050 , and a renewal fee established by the department by regulation.
 Sec. 08.67.050. - Bond.
 (a) An applicant for registration under AS 08.67.020 or for renewal of a registration under AS 08.67.040 shall file with the application or request for renewal, and shall maintain in force while registered, a $50,000 bond that is in favor of the state, that is executed by an authorized corporate surety approved by the department, and that is conditioned upon the applicant's promise to pay all
 (1) taxes and contributions due the state or a political subdivision of the state; and
 (2) judgments entered against the applicant for fraud, negligence, or breach of contract when acting as a dealer.
 (b) The bond required by this section is conditioned on the applicant complying with this chapter and not committing fraud or making fraudulent representations in the course of doing business as a dealer.
 (c) A surety may cancel the bond after giving the department 30 days' advance written notice. Cancellation does not relieve a surety of liability arising on the bond from a purchase negotiated by the bonded dealer before cancellation or a liability that accrues against the bond before cancellation. The department shall retain the cancelled bond on file.
 (d) If the bond required under this section is cancelled, the department may suspend the dealer's registration until the dealer is bonded as required under this section.
 Sec. 08.67.060. - Action on bond.
 If a person suffers loss or damage by reason of a dealer, or a person doing business as a dealer, violating this chapter or committing fraud or making fraudulent representations in the course of doing business as a dealer, the person may bring an action in the appropriate court against the dealer and upon the bond.
 Sec. 08.67.070. - Penalty.
 A person who knowingly violates this chapter is guilty of a class A misdemeanor. In this section, "knowingly" has the meaning given in AS 11.81.900.
 Sec. 08.67.080. - Definitions.
 In this chapter,
 (1) "dealer" means a person who is engaged in the business of buying, selling, or dealing in new or used mobile homes;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "mobile home" means a vehicle designed and equipped for human habitation, and that may only be moved by another motor vehicle when authorized by permit.
 Chapter 08.68. - NURSING
 Sec. 08.68.010. - Creation and membership of Board of Nursing.
 There is created a Board of Nursing, consisting of seven members appointed by the governor. One member shall be a licensed practical nurse currently involved in institutional nursing service, one member shall be a registered nurse engaged in baccalaureate nursing education, three members shall be registered nurses at large, and two members shall be persons who have no direct financial interest in the health care industry.
 Sec. 08.68.020. - , 08.68.030 Term of office; limitation on term of service. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035].
 Repealed or Renumbered
 Sec. 08.68.040. - Source of appointments. [Repealed, Sec. 46 ch 102 SLA 1976].
 Repealed or Renumbered
 Sec. 08.68.050. - Removal of board members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.68.060. - Qualifications of registered nurse and licensed practical nurse board members.
 The five members of the board who are nurses shall be licensed in the state, and shall have been actively engaged in nursing for not less than four years before appointment, three years of which were within the five years immediately preceding appointment.
 Sec. 08.68.070. - Election of officers.
 The board shall annually elect a chairman and secretary from among its members.
 Sec. 08.68.080. - Meetings.
 The board shall meet at least four times a year.
 Sec. 08.68.090. - Quorum.
 A majority of the board constitutes a quorum.
 Sec. 08.68.100. - Duties and powers of board.
 (a) The board shall
 (1) adopt regulations necessary to implement this chapter, including regulations pertaining to practice as an advanced nurse practitioner and a nurse anesthetist, and regulations necessary to implement AS 08.68.331 - 08.68.336 relating to certified nurse aides in order to protect the health, safety, and welfare of clients served by nurse aides;
 (2) approve curricula and adopt standards for basic education programs that prepare persons for licensing under AS 08.68.190 ;
 (3) provide for surveys of the basic nursing education programs in the state at the times it considers necessary;
 (4) approve education programs that meet the requirements of this chapter and of the board, and deny, revoke, or suspend approval of education programs for failure to meet the requirements;
 (5) examine, license, and renew the licenses of qualified applicants;
 (6) prescribe requirements for competence before a former nurse may resume the practice of nursing under this chapter;
 (7) define by regulation the qualifications and duties of the executive secretary and delegate authority to the executive secretary that is necessary to conduct board business;
 (8) develop reasonable and uniform standards for nursing practice;
 (9) publish advisory opinions regarding whether nursing practice procedures or policies comply with acceptable standards of nursing practice as defined under this chapter.
 (b) The board may
 (1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it;
 (2) invoke, or request the department to invoke, disciplinary action against a licensee;
 (3) prescribe requirements for competence to continue practice.
 Sec. 08.68.110. - Appointment of executive officer. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.68.111. - Executive secretary of board.
 (a) The Department of Commerce and Economic Development, in consultation with the board, shall employ a licensed, registered nurse, who is not a member of the board, to serve as executive secretary of the board.
 (b) The executive secretary shall perform duties as prescribed by the board.
 (c) [Repealed by Sec. 29 ch 14 SLA 1982].
 (d) [Repealed by Sec. 1 ch 129 SLA 1974].
 Sec. 08.68.120. - 08.68.130 - Bond; disposition of fees. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.68.140. - Applicability of Administrative Procedure Act.
 Except as specified in AS 08.68.333 (f), the board shall comply with AS 44.62 (Administrative Procedure Act).
 Sec. 08.68.150. - Expenses.
 Members of the board are entitled to the per diem and travel expenses allowed by law.
 Sec. 08.68.160. - License required.
 A person practicing or offering to practice professional or practical nursing in the state shall submit evidence of qualification to practice and shall be licensed under this chapter.
 Sec. 08.68.165. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.68.170. - Qualifications of registered or practical nurse applicants.
 An applicant for a license to practice registered or practical nursing shall submit to the board on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant has successfully completed a registered or practical nursing education program
 (1) accredited by the board;
 (2) outside the state that, in the opinion of the board, meets the minimum requirements of the board for an accredited program of study in this state at the time the applicant graduated; or
 (3) accredited by the National League for Nursing at the time the applicant graduated.
 Sec. 08.68.180. - Qualifications of certain practical nurse applicants.
 (a) [Repealed, Sec. 29 ch 14 SLA 1982].
 (b) A qualified student of the Mt. Edgecumbe School of Practical Nursing who was graduated before January 1, 1959, and had eighth grade pretraining is eligible for a license.
 Sec. 08.68.190. - License by examination.
 The applicant shall pass a written examination as prescribed by the board. The board shall issue a license to an applicant who passes the examination to practice registered or practical nursing provided the other qualifications outlined in AS 08.68.170 and 08.68.180 are also met. The board shall conduct examinations annually and as often as it considers necessary at locations designated by the board.
 Sec. 08.68.200. - License by endorsement.
 The board may issue a license by endorsement to practice as a registered or practical nurse, whichever is appropriate, to an applicant who
 (1) is licensed as either a registered or practical nurse under the laws of another state, if in the opinion of the board the applicant meets the qualifications required for licensing in the state, and meets the requirements of AS 08.68.170 ;
 (2) meets the requirements of AS 08.68.170 and has successfully completed the Canadian Nurses' Association Testing Service examination if the board determines it is comparable to the examination administered by this state; or
 (3) has not worked as a nurse within the last five years, if the applicant meets the continuing competency requirements of the board or completes a course of study approved by the board.
 Sec. 08.68.210. - Temporary permits.
 (a) The board may issue a temporary permit, nonrenewable and valid for a period not exceeding four months, to an applicant for a license by endorsement if the applicant
 (1) submits proof satisfactory to the board that the applicant is currently licensed in another state or Canadian province or Canadian territory that administers an examination approved by the board under AS 08.68.200 (2);
 (2) meets the requirements of AS 08.68.170 ; and
 (3) pays the required fee.
 (b) The board may issue a nonrenewable permit to an applicant for license by examination if the applicant (1) meets the qualifications of AS 08.68.170 ; or (2) is a graduate of a foreign school of nursing and has successfully completed the examination administered by the Commission on Graduates of Foreign Nursing Schools. The permit is valid for a period not extending beyond the time when the results are published of the first examination the applicant is eligible to take after the permit is issued; however, if the applicant does not take the examination for which the applicant is scheduled, the permit lapses on the day of the examination.
 Sec. 08.68.220. - Fees.
 The Department of Commerce and Economic Development shall set fees under AS 08.01.065 for each of the following:
 (1) registered nursing:
 (A) application;
 (B) license by examination;
 (C) license by endorsement;
 (D) license renewal;
 (E) temporary permit;
 (2) practical or vocational nursing:
 (A) application;
 (B) license by examination;
 (C) license by endorsement;
 (D) license renewal;
 (E) temporary permit.
 Sec. 08.68.230. - Use of title and abbreviation.
 (a) A person licensed to practice registered nursing in the state may use the title "licensed professional nurse," "registered nurse," and the abbreviation "R.N."
 (b) A person licensed to practice practical nursing in the state may use the title "licensed practical nurse" or "licensed vocational nurse" and the abbreviation "L.P.N." or "L.V.N."
 (c) A person who holds a temporary permit to practice as a registered nurse shall use the title "Temporary Registered Nurse" and the abbreviation "TRN."
 (d) A person who holds a temporary permit to practice as a licensed practical nurse shall use the title "Temporary Licensed Practical Nurse" and the abbreviation "TLPN."
 Sec. 08.68.240. - Nurses licensed or holding temporary permits under previous law.
 A person holding a license to practice registered or practical nursing in the state under prior law is considered licensed as a registered or practical nurse.
 Sec. 08.68.250. - Renewal of license. [Repealed, Sec. 3 ch 81 SLA 1969. For current law, see AS 08.01.100 ].
 Repealed or Renumbered
 Sec. 08.68.251. - Lapsed licenses.
 (a) A lapsed license may be reinstated if it has not remained lapsed for more than five years by payment of the license fees for the current renewal period and the penalty fee. The person seeking reinstatement shall meet the continuing competency requirements of the board.
 (b) If a license is lapsed for more than five years,
 (1) the board shall require the applicant to complete a course of study approved by the board or to pass an examination prescribed by the board, and to pay the fees prescribed by this chapter; or
 (2) if the board determines that the person applying for reinstatement was actively employed in nursing in another state during the time that the license has lapsed in this state, the license that has lapsed may be reinstated by payment of fees as required by (a) of this section.
 Sec. 08.68.260. - Inactive nurses. [Repealed, Sec. 29 ch 14 SLA 1982. For current law, see AS 08.68.251 ].
 Repealed or Renumbered
 Sec. 08.68.265. - Supervision of practical nurses.
 A practical nurse shall work under the supervision of a licensed registered nurse, a licensed physician, or a licensed dentist.
 Sec. 08.68.270. - Grounds for denial, suspension, or revocation.
 The board may deny, suspend, or revoke the license of a person who
 (1) has obtained or attempted to obtain a license to practice nursing by fraud or deceit;
 (2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualifications, functions or duties of the licensee;
 (3) habitually abuses alcoholic beverages, or illegally uses controlled substances;
 (4) has impersonated a registered or practical nurse;
 (5) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
 (6) practices or attempts to practice nursing while afflicted with physical or mental illness, deterioration, or disability that interferes with the individual's performance of nursing functions;
 (7) is guilty of unprofessional conduct as defined by regulations adopted by the board;
 (8) has wilfully or repeatedly violated a provision of this chapter or regulations adopted under it;
 (9) is professionally incompetent;
 (10) denies care or treatment to a patient or person seeking assistance if the sole reason for the denial is the failure or refusal of the patient or person seeking assistance to agree to arbitrate as provided in AS 09.55.535 (a).
 Sec. 08.68.275. - Disciplinary sanctions.
 (a) The board may take the following disciplinary actions singly or in combination:
 (1) permanently revoke a license or permit to practice;
 (2) suspend a license for a stated period of time;
 (3) censure a licensee;
 (4) issue a letter of reprimand;
 (5) impose limitations or conditions on the professional practice of a licensee;
 (6) impose peer review;
 (7) impose professional education requirements until a satisfactory degree of skill has been attained in those aspects of professional practice determined by the board to need improvement;
 (8) impose probation and require the licensee to report regularly to the board upon matters involving the basis for the probation;
 (9) accept a voluntary surrender of a license.
 (b) The board may withdraw probation status if it finds that the deficiencies that required the sanction have been remedied.
 (c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person whose license is suspended under this section is entitled to a hearing by the board within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
 (d) The board may reinstate a license that has been suspended or revoked if the board finds, after a hearing, that the applicant is able to practice with skill and safety.
 (e) The board may return a license that has been voluntarily surrendered if the board determines that the licensee is competent to resume practice and that the applicable renewal fees are paid.
 (f) The board shall seek consistency in the application of disciplinary sanctions. A significant departure from prior decisions involving similar situations shall be explained in the findings of fact or order.
 Sec. 08.68.276. - Continuing competence required.
 A license to practice nursing may not be renewed unless the nurse has complied with continuing competence requirements established by the board by regulation.
 Sec. 08.68.278. - Immunity for certain reports to the board.
 A person who, under oath and in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse is not liable in a civil action for damages resulting from the reporting of the information.
 Sec. 08.68.280. - Nursing education program prohibited unless approved.
 A person, institution, or agency may not conduct a nursing education program that prepares persons for examination or licensing unless the program is approved by the board. A program may be approved by the board only if it is established through an approved postsecondary educational institution.
 Sec. 08.68.290. - Application for accreditation.
 An institution desiring to conduct a nursing education program to prepare registered or practical nurses shall apply to the board and submit evidence that it is prepared to
 (1) carry out the curriculum approved by the board for registered nursing or for practical nursing; and
 (2) meet other standards established by law and by the board.
 Sec. 08.68.300. - 08.68.320 - Accreditation by board. [Repealed, Sec. 29 ch 14 SLA 1982].
 Repealed or Renumbered
 Sec. 08.68.330. - List of approved programs.
 The board shall prepare, maintain, and from time to time publish a list of approved nursing education programs in the state.
 Sec. 08.68.331. - Certification of nurse aides.
 (a) The board or the Department of Commerce and Economic Development, as designated by the board, shall issue certification as a nurse aide to qualified applicants. The board, after consultation with affected agencies, may adopt regulations regarding the certification of nurse aides, including
 (1) the training, educational, and other qualifications for certification that will ensure that the nurse aides are competent to perform the tasks of their occupation;
 (2) application, certification, renewal, and revocation procedures; and
 (3) maintenance of a registry of certified nurse aides.
 (b) The board may
 (1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it; and
 (2) invoke, or request the department to invoke, disciplinary action under AS 08.01.075 against a certified nurse aide.
 Sec. 08.68.332. - Use of title.
 (a) A person may not use the title "certified nurse aide" or the abbreviation "C.N.A." unless the person is certified under this chapter.
 (b) A person who knowingly violates this section is guilty of a class B misdemeanor. In this subsection, "knowingly" has the meaning given in AS 11.81.900 (a).
 Sec. 08.68.333. - Registry of certified nurse aides.
 (a) The board shall maintain a registry of certified nurse aides. At a minimum, this registry must include the information required under federal regulations that are applicable to nurse aides found to have committed abuse, neglect, or misappropriation of property in connection with their employment by a facility participating in the Medicaid or Medicare program.
 (b) If the board finds that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with employment as a nurse aide, the board shall revoke the nurse aide's certification and enter the finding in the registry.
 (c) Upon receiving a notice of a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the board shall immediately revoke the nurse aide's certification without a hearing, enter the finding in the registry, and notify the nurse aide of the revocation and entry of the finding. Notice is considered given when delivered personally to the nurse aide or deposited in the United States mail addressed to the nurse aide's last known mailing address on file with the board. The department shall retain proof of mailing.
 (d) If the certified nurse aide is employed in a skilled nursing facility or a nursing facility, other than an intermediate care facility for the mentally retarded, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that the certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility.
 (e) The board shall establish procedures under which a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property and the resulting revocation of certification will be removed from the registry if the certified nurse aide requests a hearing and can establish mistaken identity or the finding has been set aside by the reporting agency or by a court of competent jurisdiction.
 (f) AS 44.62.330 - 44.62.630 do not apply to actions taken under (c) of this section.
 Sec. 08.68.334. - Grounds for denial, suspension, or revocation of certificate.
 The board may deny a certification to, or impose a disciplinary sanction authorized under AS 08.01.075 against, a person who
 (1) has obtained or attempted to obtain certification as a nurse aide by fraud, deceit, or intentional misrepresentation;
 (2) has been convicted of a crime substantially related to the qualifications, functions, or duties of a certified nurse aide;
 (3) has impersonated a registered or practical nurse or other licensed health care provider;
 (4) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
 (5) is incapable of working as a certified nurse aide with reasonable skill, competence, and safety for the public because of
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
 (C) physical or mental disability; or
 (D) other factors determined by the board;
 (6) has knowingly or repeatedly failed to comply with this chapter, a regulation adopted under this chapter, or with an order of the board; or
 (7) has misappropriated the property of, abused, or neglected a client.
 Sec. 08.68.335. - Immunity for certain reports to the board.
 A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a certified nurse aide is not liable in a civil action for damages resulting from the reporting of the information.
 Sec. 08.68.336. - Fees.
 The Department of Commerce and Economic Development shall set fees under AS 08.01.065 for certified nurse aides for each of the following:
 (1) application;
 (2) examination;
 (3) certification; and
 (4) renewal of certification.
 Sec. 08.68.340. - Prohibited conduct.
 (a) It is a class B misdemeanor for a person to
 (1) practice nursing under a diploma, license, or record that is unlawfully obtained, signed, or issued;
 (2) practice or offer to practice nursing without a license, unless the person gives necessary aid to the ill, injured, or infirm in an emergency;
 (3) employ as a nurse a person who is not licensed to practice nursing;
 (4) use in connection with the person's name a designation that implies that the person is a licensed nurse unless the person is licensed;
 (5) practice nursing during the time that the person's license is suspended or revoked;
 (6) practice nursing with knowledge that the person's license has lapsed;
 (7) conduct a nursing education program and represent or imply that it is accredited by the board, unless the program has been accredited by the board.
 (b) It is a class A misdemeanor for a person to knowingly or intentionally do any of the acts described in (a)(1) - (5) and (7) of this section.
 (c) It is a violation for a person to practice nursing during the time that the person's license has lapsed if the person does not know that the license has lapsed.
 Sec. 08.68.350. - Punishment for misdemeanor. [Repealed, Sec. 29 ch 14 SLA 1982].
 Repealed or Renumbered
 Sec. 08.68.360. - Unlicensed practice a public nuisance.
 The practice of professional or practical nursing for compensation by a person who is not licensed, or whose license is suspended, or revoked, or expired, is declared to be inimical to the public welfare and to constitute a public nuisance.
 Sec. 08.68.370. - Application for injunction.
 The board may apply for an injunction in a competent court to enjoin a person not licensed or whose license is suspended or revoked or expired from practicing professional or practical nursing. The court may issue a temporary injunction enjoining the defendant from practicing professional or practical nursing.
 Sec. 08.68.380. - Issuance of injunction.
 If it is established that the defendant has been or is practicing professional or practical nursing without a license or has been or is practicing nursing after the defendant's license has been suspended or revoked, or has expired, the court may enjoin the defendant from further practice.
 Sec. 08.68.390. - Remedy not exclusive.
 If a person violates an injunction issued under this section, the person may be punished for contempt of court. The injunction proceeding is in addition to other penalties and remedies provided in this chapter.
 Sec. 08.68.395. - Determination of death by registered nurse.
 (a) A registered nurse licensed under this chapter may make a determination and pronouncement of death of a person under the following circumstances:
 (1) an attending physician has documented in the person's medical or clinical record that the person's death is anticipated due to illness, infirmity, or disease; this prognosis is valid for purposes of this section for no more than 120 days from the date of the documentation;
 (2) at the time of documentation under (1) of this subsection, the physician authorized in writing a specific registered nurse or nurses to make a determination and pronouncement of the person's death; however, if the person is in a health care facility and the health care facility has complied with (d) of this section, the physician may authorize all nurses employed by the facility to make a determination and pronouncement of the person's death.
 (b) A registered nurse who has determined and pronounced death under this section shall document the clinical criteria for the determination and pronouncement in the person's medical or clinical record and notify the physician who determined that the prognosis for the patient was for an anticipated death. The registered nurse shall sign the death certificate, which must include 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 registered nurse.
 (d) In a health care facility in which a physician chooses to proceed under (a) of this section, written policies and procedures shall be adopted that provide for the determination and pronouncement of death by a registered nurse under this section. A registered nurse employed by a health care facility may not make a determination or pronouncement of death under this section unless the facility has written policies and procedures implementing and ensuring compliance with this section.
 (e) Notwithstanding AS 08.68.400 (a)(1), this section applies to a qualified nurse described in AS 08.68.400 (a)(1) who is employed by a federal health care facility.
 (f) The Department of Health and Social Services may adopt regulations to implement this section.
 (g) In this section,
 (1) "determination of death" means observation and assessment that a person is dead, as defined in AS 09.68.120 ;
 (2) "health care facility" means a private, municipal, state, or federal hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney disease treatment center (excluding freestanding hemodialysis units), intermediate care facility, or Alaska Pioneers' Home administered by the Department of Administration under AS 47.55.
 Sec. 08.68.400. - Exceptions to application of chapter.
 (a) This chapter does not apply to
 (1) a qualified nurse licensed in another state employed by the United States Government or a bureau, or agency, or division of the United States Government while in the discharge of official duties;
 (2) nursing service given temporarily in the event of a public emergency, epidemic, or disaster;
 (3) the practice of nursing by a student enrolled in a nursing education program accredited by the board when the practice is in connection with the student's course of study;
 (4) the practice of nursing by an individual enrolled in an approved program or course of study approved by the board to satisfy the requirements of AS 08.68.251 ;
 (5) the practice of nursing by a nurse licensed in another state who engages in nursing education or nursing consultation activities, if these activities and contact with clients do not exceed 20 working days within a licensing period; or
 (6) the practice of nursing by a nurse licensed in another state whose employment responsibilities include transporting patients into, out of, or through this state; however, this exception is valid for a period not to exceed 48 hours for each transport.
 (b) In this section, the word "nurses" includes registered and practical nurses, and "nursing" means registered and practical nursing.
 Sec. 08.68.410. - Definitions.
 In this chapter,
 (1) "advanced nurse practitioner" means a registered nurse authorized to practice in the state who, because of specialized education and experience, is certified to perform acts of medical diagnosis and the prescription and dispensing of medical, therapeutic, or corrective measures under regulations adopted by the board;
 (2) "board" means the Board of Nursing;
 (3) "incompetent" means that a nurse does not possess the skills, knowledge, and awareness of the nurse's limitations and abilities to safely practice nursing;
 (4) "licensed practical nurse" is equivalent to the title "licensed vocational nurse" and to the name suffix abbreviations L.P.N. and L.V.N.;
 (5) "licensed registered nurse" is equivalent to the common title "registered nurse" and the name suffix abbreviation R.N.;
 (6) "nurse anesthetist" means a registered nurse authorized to practice in the state who, because of specialized education and experience, is certified to select and administer anesthetic and give anesthesia care under regulations adopted by the board;
 (7) "practice of practical nursing" means the performance for compensation or personal profit of nursing functions that do not require the substantial specialized skill, judgment, and knowledge of a registered nurse;
 (8) "practice of registered nursing" means the performance for compensation or personal profit of acts of professional service that requires substantial specialized knowledge, judgment, and skill based on the principles of biological, physiological, behavioral, and sociological sciences in assessing and responding to the health needs of individuals, families, or communities through services that include
 (A) assessment of problems, counseling, and teaching
 (i) clients to maintain health or prevent illness; and
 (ii) in the care of the ill, injured, or infirm;
 (B) administration, supervision, delegation, and evaluation of nursing practice;
 (C) teaching others the skills of nursing;
 (D) execution of a medical regimen as prescribed by a person authorized by the state to practice medicine;
 (E) performance of other acts that require education and training that are recognized by the nursing profession as properly performed by registered nurses;
 (F) performance of acts of medical diagnosis and the prescription of medical therapeutic or corrective measures under regulations adopted by the board;
 (9) "certified nurse aide" is a person who is certified as a nurse aide by the board.
 Chapter 08.70. - NURSING HOME ADMINISTRATORS
 Sec. 08.70.010. - 08.70.040. - Board of Nursing Home Administrators; membership; election of officers; meetings. [Repealed, Sec. 12 ch 91 SLA 1995].
 Repealed or Renumbered
 Sec. 08.70.050. - Regulation by department.
 (a) The department shall
 (1) adopt standards for licensing nursing home administrators to ensure that licensees have knowledge and experience in health care and institutional administration necessary for competent administrators, and update the standards when necessary;
 (2) examine, approve issuance of licenses to, and renewal of licenses of qualified persons;
 (3) establish procedures to ensure that licensees continue to uphold the department's standards; impose disciplinary sanctions upon persons who fail to uphold the standards;
 (4) adopt criteria for educational programs for persons preparing for the licensing examination and for the continuing education of licensees; review the educational programs available in the state and accredit the programs meeting the criteria;
 adopt regulations ensuring that renewal of a license is contingent upon proof of continued competency by the licensee.
 (b) The department may adopt regulations necessary for the performance of its duties and to meet the requirements of Title 19 of the Social Security Act, the federal regulations adopted under it, and other federal requirements.
 Sec. 08.70.055. - Removal of board members. [Repealed, Sec. 12 ch 91 SLA 1995].
 Repealed or Renumbered
 Sec. 08.70.060. - 08.70.070 - Expenses; applicability of Administrative Procedure Act. [Repealed, Sec. 16 ch 141 SLA 1980].
 Repealed or Renumbered
 Sec. 08.70.080. - License required.
 Only a licensed nursing home administrator may manage, supervise, or be generally in charge of a nursing home. The care provided by a nursing home or a licensed hospital providing nursing home care through the use of skilled nursing beds or intermediate care beds shall be supervised by a licensed nursing home administrator or by a person exempted from licensure requirements under this section. This section does not apply to persons engaged on July 1, 1980, in managing or administering an Alaska Pioneers' Home or a hospital with skilled nursing beds or intermediate care beds.
 Sec. 08.70.090. - Application.
 Applicants shall file applications with the Department of Commerce and Economic Development on forms provided by the department. Information requested on the forms shall be given under oath.
 Sec. 08.70.110. - Licensing.
 (a) The department shall license
 (1) applicants who pass the written examination administered by the department and meet the standards established by the department under AS 08.70.050 ;
 (2) persons licensed under emergency regulations 7 AAC 12.045 promulgated in Register 51, July 8, 1974, who have practiced as administrators since licensing.
 (b) The department may issue a license without examination to a person holding a current license as a nursing home administrator from another jurisdiction, if the department finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this state, and the person is otherwise qualified.
 (c) Notwithstanding other provisions of this chapter, the department may refuse to issue a license to a person
 (1) who attempts to secure the license through deceit, fraud, or intentional misrepresentation; or
 (2) for a reason for which it may impose disciplinary sanctions under AS 08.70.155 .
 Sec. 08.70.120. - Examination.
 The purpose of the examination is to test the applicant's knowledge of the health and safety standards of the state and the applicant's experience in the practice of health care. The department shall determine the content, scope, format, and grading procedure. Examinations shall be given at least annually, at the time and place chosen by the department.
 Sec. 08.70.130. - Provisional licenses.
 (a) A provisional license may be granted without examination to a person who meets the standards adopted by the department under AS 08.70.050 and who is needed to fill a vacancy in an administrative position.
 (b) A provisional license is valid for six months and is nonrenewable.
 Sec. 08.70.140. - Expired licenses.
 (a) [Repealed, Sec. 16 ch 141 SLA 1980].
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 (c) A person whose license has expired for a period of 24 months or more shall apply for a license in the same manner as an applicant who has not been licensed before.
 Sec. 08.70.150. - Fees.
 The department shall set fees under AS 08.01.065 for examination and investigation of persons applying for a license, initial license, and license renewal.
 Sec. 08.70.155. - Grounds for imposition of disciplinary sanctions.
 The department may impose the disciplinary sanctions authorized for boards under AS 08.01.075 or otherwise authorized for the department under AS 08.01 when it finds that a licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
 (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or other drugs that impairs the licensee's ability to practice safely;
 (C) physical or mental disability;
 (7) sold or furnished a license to another;
 (8) practiced as a nursing home administrator or used a designation tending to imply that the licensee is a nursing home administrator without a license issued under this chapter unless exempted from licensure requirements under AS 08.70.080 .
 Sec. 08.70.160. - Disciplinary sanctions. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.075 ].
 Repealed or Renumbered
 Sec. 08.70.170. - Penalties.
 A person convicted of violating a provision of this chapter is guilty of a class B misdemeanor.
 Sec. 08.70.175. - Facilities operated by religious organizations.
 Nothing in this chapter or the regulations under this chapter is to be construed as requiring a person who applies for a license as administrator of a facility operated by a religious organization relying on spiritual means alone for healing to have skills in medical techniques or educational qualifications that are not in accord with the care and treatment provided in the facility.
 Sec. 08.70.180. - Definitions.
 In this chapter,
 (1) "department" means the Department of Commerce and Economic Development;
 (2) "license" means the certificate awarded by the department to a qualified person that entitles the person to be a nursing home administrator in this state;
 (3) "licensee" means a person who has been granted a license to be a nursing home administrator in this state by the department;
 (4) "nursing home" means a facility which is operated in connection with a hospital or in which nursing care, intermediate care, and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery within the state for the accommodation of convalescents or other persons who are not acutely ill but who do require skilled or intermediate nursing care and related medical services; the term "nursing home" is restricted to those facilities the purpose of which is to provide skilled or intermediate nursing care and related medical services for a period of not less than 24 hours a day to individuals admitted because of illness, disease or physical or mental infirmity;
 (5) "nursing home administrator" means a person who manages, supervises, or is in general charge of a nursing home, even though the duties are shared with another person; a member of a board of directors of a nursing home is an administrator only if the board member also serves in the administrative capacity defined in this paragraph.
 Sec. 08.70.190. - [Renumbered as AS 08.70.175 ].
 Repealed or Renumbered
 Chapter 08.71. - DISPENSING OPTICIANS
 Article 01 - BOARD OF DISPENSING OPTICIANS
 Sec. 08.71.010. - Creation of board.
 There is created the Board of Dispensing Opticians.
 Sec. 08.71.020. - Membership.
 The board consists of four opticians licensed under AS 08.71.080 and one public member appointed by the governor.
 Sec. 08.71.030. - Qualifications of board members. [Repealed, Sec. 14 ch 56 SLA 1980].
 Repealed or Renumbered
 Sec. 08.71.040. - Election of officers.
 The board shall elect a chairman and secretary from among its members. The officers may administer oaths.
 Sec. 08.71.045. - Removal of board members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.71.050. - Board regulations. [Repealed, Sec. 14 ch 56 SLA 1980].
 Repealed or Renumbered
 Sec. 08.71.055. - Powers and duties.
 The board shall have the following powers and duties:
 (1) to examine and issue licenses to applicants;
 (2) to renew licenses;
 (3) to hold hearings and order disciplinary sanctions against a person who violates this chapter or the regulations of the board;
 (4) to supply forms for applications, licenses, and other needed documents;
 (5) to keep a record of all proceedings open to the public, including the name of each applicant for examination and each licensee;
 (6) to enforce the provisions of this chapter and adopt or amend regulations necessary to make these provisions effective.
 Sec. 08.71.060. - 08.71.070 - Record of proceedings; applicability of Administrative Procedure Act. [Repealed, Sec. 14 ch 56 SLA 1980].
 Repealed or Renumbered
 Article 02 - LICENSING
 Sec. 08.71.080. - License required.
 A person may not act as a dispensing optician in the state unless the person is licensed under this chapter. In order to be licensed under this chapter, a person shall pass an examination given by the board unless the person is eligible for licensing without examination under AS 08.71.145 . A license shall be issued for (1) the dispensing of contact lenses, or (2) the dispensing of other lenses, eyeglasses, spectacles, artificial eyes, and their appurtenances, or (3) both. The board shall by endorsement on the license designate for which aspect of dispensing opticianry the license is issued. The board shall license successful examinees.
 Sec. 08.71.085. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.71.090. - Content of examination.
 To be licensed as a dispensing optician, a person, unless eligible for licensing without examination under AS 08.71.145 , shall pass an examination given by the board. At the discretion of the board, the examination may test orally, in writing, or otherwise, knowledge and skills in any or all of the following subjects: optics, anatomy, laboratory technology, ophthalmic dispensing, contact lens technology, technical mathematics and physics, and business concepts of optical dispensing.
 Sec. 08.71.100. - Administration of examination.
 The board shall offer an examination at least once a year. Examinations shall be administered so that one who grades the written part of the examination does not know the identity of an examinee whose examination is being graded.
 Sec. 08.71.110. - Qualifications of applicants for examination.
 (a) A person is entitled to take the examination who
 (1) has had education equivalent to four years attendance at a high school;
 (2) has either
 (A) completed at least 6,000 hours of training as an apprentice after registering with the department as an apprentice; or
 (B) been engaged for at least 6,000 hours as a practicing optician in good standing in a state, territory, district, or possession of the United States; and
 (3) has paid the required examination fee.
 (b) Graduation from an associate degree program in a recognized school or college of opticianry may be substituted for 4,000 of the 6,000 hours of experience required by (a)(2) of this section.
 Sec. 08.71.120. - Fees.
 The department shall set fees under AS 08.01.065 for examination, initial license, and license renewal.
 Sec. 08.71.130. - Renewal of license.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) [Repealed, Sec. 49 ch 94 SLA 1987].
 (c) If the license remains lapsed for more than one year, the board may require the applicant to be examined under AS 08.71.090 .
 (d) Before a license may be renewed the licensee shall submit to the board evidence of continuing competence in optical dispensing as prescribed by regulations of the board.
 Sec. 08.71.140. - Display of license.
 A licensed dispensing optician shall conspicuously display a personal license issued under this chapter in any place that the licensed dispensing optician transacts business.
 Sec. 08.71.145. - Licensure by credentials.
 A person with a valid license as a dispensing optician from another state, territory, district, or possession of the United States with licensing requirements substantially equivalent to or higher than those of this state shall be issued a license without examination for those professional areas in which the person is licensed upon payment of any fee and documentation that the board may require by regulation.
 Sec. 08.71.150. - Issuance of license by reciprocity. [Repealed, Sec. 5 ch 92 SLA 1996].
 Repealed or Renumbered
 Sec. 08.71.160. - Dispensing optician's apprentice.
 Sec. 08.71.160. Dispensing optician's apprentice.
 (a) A person may be employed by or serve under a licensed dispensing optician as an apprentice. An apprentice shall register with the department before beginning employment or service as an apprentice, shall be designated as such in the records of the board, and shall be in training and under the direct supervision of a licensed physician, optometrist, or dispensing optician. Under this section a person may not apprentice for longer than six years unless the board determines that the person is prevented by circumstances beyond the person's control from obtaining a license as a dispensing optician within that time.
 (b) No more than two apprentices may be under the direct supervision of one licensed dispensing optician at the same time.
 Sec. 08.71.170. - Prohibited conduct.
 The board may revoke or suspend the license of a dispensing optician, or the licensee may be reprimanded or otherwise disciplined when the board finds after a hearing that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a crime which affects the licensee's ability to continue to practice competently and safely;
 (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision which does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
 (6) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) addiction or severe dependency on alcohol or other drugs which impairs the licensee's ability to practice safely;
 (C) physical or mental disability;
 (7) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
 (8) participated in the division, assignment, rebate or refund of fees to a physician or optometrist in consideration of patient referrals;
 (9) advertised the services of any other segment of the healing arts.
 Sec. 08.71.175. - Disciplinary sanctions. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.075 ].
 Repealed or Renumbered
 Sec. 08.71.180. - Practicing without a license.
 A person may not practice as a dispensing optician without a license issued under this chapter or while the person's license is suspended or revoked. A person who violates this section is guilty of a class B misdemeanor.
 Sec. 08.71.200. - Contact lenses.
 Contact lenses shall be fitted in conjunction with and under the supervision of a licensed physician or an optometrist and with a written contact-lens prescription showing that the prescription may be filled for contact lenses and requiring that the patient return to see the prescribing physician or optometrist. In no case may contact lenses be prepared by neutralizing a person's eyeglasses or spectacles.
 Sec. 08.71.220. - Persons practicing as dispensing opticians before July 1, 1973. [Repealed, Sec. 30 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.71.230. - Exemptions from and limitations on the application of this chapter.
 This chapter may not be construed to
 (1) limit or restrict a licensed physician or optometrist from the practices enumerated in this chapter, and each licensed physician and optometrist has all the rights and privileges which may accrue under this chapter to dispensing opticians licensed under it;
 (2) prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory or shop;
 (3) prohibit an unlicensed person from engaging in the sale of eyeglasses, spectacles, magnifying glasses, goggles, sunglasses, telescopes, binoculars, or any like articles which are completely preassembled and sold only as merchandise;
 (4) authorize or permit a licensee under this chapter to hold out as being able to, or to offer to, or to attempt by any means, to refract or exercise eyes, diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease or injury.
 Sec. 08.71.240. - Definitions.
 In this chapter
 (1) "board" means the Board of Dispensing Opticians;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "dispensing optician" means a person who, on written prescription from a licensed physician or optometrist, prepares and dispenses to the intended wearer or person who writes the prescription, original or duplicate lenses, eyeglasses, contact lenses, and appurtenances to them, and interprets, measures, adapts, fits, and adjusts lenses, eyeglasses, contact lenses, and appurtenances to them in accordance with the written prescription, to the face for the aid or correction of visual or ocular anomalies of the human eye;
 (4) "supervision" means the provision of any needed direction, control, consultation, instruction, evaluation, and personal inspection of work being performed.
 Chapter 08.72. - OPTOMETRISTS
 Sec. 08.72.010. - Creation and purpose of board.
 There is created the Board of Examiners in Optometry to regulate and control the practice of optometry and to protect and promote the public health, welfare, and safety.
 Sec. 08.72.020. - Membership of board.
 The board consists of five persons.
 Sec. 08.72.025. - Removal of board members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.72.030. - Vacancies. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.72.040. - Qualifications.
 Four board members shall be licensed, practicing optometrists who have been residents for at least three years. One board member shall be a public member.
 Sec. 08.72.050. - Regulations.
 The board shall adopt regulations
 (1) necessary for the proper performances of its duties;
 (2) governing the applicants and applications for licensing;
 (3) for the licensing of optometrists;
 (4) necessary to govern the practice of optometry;
 (5) prescribing requirements that a person licensed under this chapter must meet to demonstrate continued professional competency.
 Sec. 08.72.060. - Miscellaneous powers and duties of board.
 (a) The board or a member designated by the board may issue subpoenas, administer oaths, and take testimony concerning any matter within the board's jurisdiction.
 (b) The board may
 (1) adopt a seal;
 (2) define professional conduct and adopt rules of professional conduct.
 (c) The board shall
 (1) elect a president and secretary from among its members;
 (2) order a licensee to submit to a reasonable physical examination if the licensee's physical capacity to practice safely is at issue.
 (d) [Repealed by Sec. 3 ch 59 SLA 1966].
 (e) [Repealed by Sec. 23 ch 75 SLA 1980].
 (f) [Repealed by Sec. 3 ch 59 SLA 1966].
 Sec. 08.72.070. - Applicability of Administrative Procedure Act. [Repealed, Sec. 23 ch 75 SLA 1980].
 Repealed or Renumbered
 Sec. 08.72.080. - Compensation of board and secretary. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.72.090. - Record of proceedings. [Repealed, Sec. 23 ch 75 SLA 1980].
 Repealed or Renumbered
 Sec. 08.72.100. - Bond of secretary. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Chapter 08.76. - PAWNBROKERS AND SECONDHAND DEALERS
 Sec. 08.76.010. - Transactions to be entered in book kept at place of business.
 A person engaged in the business of buying and selling secondhand articles, or lending money on secondhand articles, except a bank, shall maintain a book, in permanent form, in which the person shall enter in legible English at the time of each loan, purchase, or sale
 (1) the date of the transaction;
 (2) the name of the person conducting the transaction;
 (3) the name, age and address of the customer;
 (4) a description of the property bought or received in pledge, which includes for any firearm, watch, camera, or optical equipment bought or received in pledge, the name of the maker, the serial, model, or other number, and all letters and marks inscribed;
 (5) the price paid or amount loaned;
 (6) the signature of the customer.
 Sec. 08.76.020. - Manner of recording entry.
 The entries shall appear in chronological order, in ink or indelible pencil. Blank lines may not be left between entries. Obliterations, alterations, or erasures may not be made. Corrections shall be made by drawing a line in ink through the entry without destroying its legibility. The book shall be open to the inspection of a peace officer at reasonable times.
 Sec. 08.76.030. - Criminal liability.
 A person who violates AS 08.76.010 or 08.76.020 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.
 Sec. 08.76.040. - Disposition of unredeemed property.
 (a) If property bought or received in pledge by a pawnbroker is not redeemed by the pledgor within the redemption period, the pawnbroker shall give notice to the pledgor by mail to the pledgor's last known address that the redemption period has expired. If the property is not redeemed within 30 days from the date of mailing of the notice, the title and interest of the pledgor in the property vest in the pawnbroker subject to (b) of this section.
 (b) If a pawnbroker sells property bought or received in pledge and not redeemed within 30 days after the date of mailing notice under (a) of this section, the pawnbroker shall pay the pledgor one-half of the amount in excess of $400 received for the property.
 (c) A pawnbroker shall give notice of any money due the pledgor under (b) of this section by certified mail within 10 days of the sale of the pledged property. If the pledgor does not respond within 90 days after the notice is mailed under this subsection, the pawnbroker is entitled to the entire amount received by the pawnbroker for the property.
 (d) In this section "redemption period" means the period agreed to in writing by the pledgor and pawnbroker for the holding of property by the pawnbroker without sale of a third party or, in the absence of a written agreement, 60 days.
 Chapter 08.80. - PHARMACISTS AND PHARMACIES
 Sec. 08.80.003. - Practice of pharmacy as a profession.
 The practice of pharmacy is declared to be a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest that only qualified persons be permitted to engage in the practice of pharmacy, and to ensure the quality of drugs and related devices distributed in the state.
 Sec. 08.80.005. - Statement of purpose.
 It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy.
 Sec. 08.80.010. - Creation and membership of board; officers.
 (a) There is created the Board of Pharmacy, composed of seven members, five of whom shall be pharmacists licensed in the state who have been actively engaged in the practice of pharmacy in the state for a period of three years immediately preceding their appointment. Two shall be persons with no direct financial interest in the health care industry. Whenever possible, the board shall include at least one member from each judicial district.
 (b) An officer elected by the board serves a term of one year and may not serve more than four consecutive full terms in a specific office.
 Sec. 08.80.020. - Term of office. [Repealed, Sec. 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053 ].
 Repealed or Renumbered
 Sec. 08.80.030. - Powers and duties of the board.
 (a) The board is responsible for the control and regulation of the practice of pharmacy.
 (b) In order to fulfill its responsibilities, the board has the powers necessary for implementation and enforcement of this chapter, including the power to
 (1) elect a president and secretary from its membership and adopt rules for the conduct of its business;
 (2) license by examination or by license transfer the applicants who are qualified to engage in the practice of pharmacy;
 (3) assist the department in inspections and investigations for violations of this chapter, or of any other state or federal statute relating to the practice of pharmacy;
 (4) adopt regulations to carry out the purposes of this chapter;
 (5) establish and enforce compliance with professional standards and rules of conduct for pharmacists engaged in the practice of pharmacy;
 (6) determine standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, including the specification and enforcement of requirements for practical training, including internships;
 (7) establish for pharmacists and pharmacies minimum specifications for the physical facilities, technical equipment, personnel, and procedures for the storage, compounding, and dispensing of drugs or related devices, and for the monitoring of drug therapy;
 (8) enforce the provisions of this chapter relating to the conduct or competence of pharmacists practicing in the state, and the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy;
 (9) license and regulate the training, qualifications, and employment of pharmacy interns and pharmacy technicians;
 (10) issue licenses to persons engaged in the manufacture and distribution of drugs and related devices.
 Sec. 08.80.040. - Duties of the board. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.045. - Nonprescription drugs.
 (a) Except as provided in (b) of this section the board may not regulate the sale of patent or nonprescription drugs that are prepackaged for use by the consumer, are in their original, unbroken packaging, and are labeled in accordance with requirements of the federal government.
 (b) The board may regulate the sale and distribution of patent or nonprescription drugs under AS 44.62.250 when the regulation is required by an emergency to protect the public health and safety.
 Sec. 08.80.050. - Applicability of Administrative Procedure Act.
 The board shall comply with AS 44.62 (Administrative Procedure Act).
 Sec. 08.80.060. - Meetings of the board.
 The board shall meet at least three times each year at the call of the president for the transaction of business properly before it. The president shall also call the board into session when requested in writing by at least two members. Meetings may be held telephonically.
 Sec. 08.80.070. - Quorum.
 Four members constitute a quorum for the transaction of business. However, when the board meets for the purpose of examining applications for licensure, three members of the board constitute a quorum.
 Sec. 08.80.080. - Expenses of members.
 Members of the board are entitled to reimbursement for actual travel expenses incidental to the discharge of their duties and, while in the performance of their duties, are entitled to the per diem expenses allowed by law.
 Sec. 08.80.090. - Disposition of fees. [Repealed, Sec. 54 ch 37 SLA 1985].
 Repealed or Renumbered
 Sec. 08.80.100. - Board secretary as certifying officer. [Repealed, Sec. 3 ch 59 SLA 1966].
 Repealed or Renumbered
 Sec. 08.80.105. - Removal of board members.
 A member of the board may be removed from office by the governor for cause.
 Sec. 08.80.110. - Qualifications for licensure by examination.
 An applicant for licensure as a pharmacist shall
 (1) be fluent in the reading, writing, and speaking of the English language;
 (2) furnish the board with at least two affidavits from reputable citizens that the applicant has known for at least one year attesting to the applicant's good moral character;
 (3) be a graduate of a college in a degree program approved by the board;
 (4) pass an examination or examinations given by the board or acceptable to the board under the score transfer process administered by the National Association of Boards of Pharmacy;
 (5) have completed internship training or another program that has been approved by the board or demonstrated to the board's satisfaction that the applicant has experience in the practice of pharmacy that meets or exceeds the minimum internship requirements of the board.
 Sec. 08.80.115. - Registration of pregraduate and postgraduate intern pharmacist. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.80.116. - Internship and other training programs.
 (a) An applicant for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under terms and conditions the board shall determine.
 (b) The board shall establish licensure requirements for interns and standards for internship or other training programs that are necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.
 Sec. 08.80.117. - Malpractice insurance. [Repealed, Sec. 7 ch 94 SLA 1980; Sec. 21 ch 166 SLA 1980].
 Repealed or Renumbered
 Sec. 08.80.120. - Grading and content of examination.
 The examination or examinations shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with an organization or consultant in the preparation and grading of an examination, but shall retain sole discretion and responsibility for determining which applicants have successfully passed the examinations.
 Sec. 08.80.130. - Reexamination. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.140. - License by credentials. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.145. - Reciprocity; license transfer.
 If another jurisdiction allows licensure in that jurisdiction of a pharmacist licensed in this state under conditions similar to those in this section, the board may license as a pharmacist in this state a person licensed as a pharmacist in the other jurisdiction if the person
 (1) submits a written application to the board on a form required by the board;
 (2) is at least 18 years of age;
 (3) is of good moral character;
 (4) possesses at the time of the request for licensure as a pharmacist in this state the qualifications necessary to be eligible for licensure in this state;
 (5) has engaged in the practice of pharmacy for at least one year or has met the internship requirements of this state within the one-year period immediately before applying for a license under this section;
 (6) presents proof satisfactory to the board that the person is currently licensed as a pharmacist in the other jurisdiction and does not currently have a pharmacist license suspended, revoked, or otherwise restricted except for failure to apply for renewal or failure to obtain the required continuing education credits;
 (7) has passed an examination approved by the board that tests the person's knowledge of Alaska laws relating to pharmacies and pharmacists and the regulations adopted under those laws; and
 (8) pays all required fees.
 Sec. 08.80.147. - Renewal of licensure.
 If a pharmacist fails to apply for renewal of a license within five years from the expiration of the license, the person must pass an examination for license renewal, except that a person who has continually practiced pharmacy in another state under a license issued by the authority of that state may renew an expired license in this state upon fulfillment of the requirements that may be established by the board.
 Sec. 08.80.150. - Temporary license.
 The board shall adopt regulations regarding the issuance of a temporary license to practice pharmacy.
 Sec. 08.80.155. - Emergency permit.
 The board shall adopt regulations regarding the issuance of an emergency permit to practice pharmacy.
 Sec. 08.80.157. - Licensing of facilities.
 (a) A facility engaged in the practice of pharmacy or in the manufacture, production, or wholesale distribution of drugs or devices, and a pharmacy where drugs or devices are dispensed, shall be licensed by the board, and shall renew the license at intervals determined by the board. If operations are conducted at more than one location, each location shall be licensed by the board.
 (b) The board may by regulation determine the licensure classifications of facilities and establish minimum standards for the facilities.
 (c) The board shall establish by regulation the criteria that a facility must meet to qualify for licensure in each classification. The board may issue licenses with varying restrictions to facilities when the board considers it necessary to protect the public interest.
 (d) The board may deny or refuse to renew a license if it determines that the granting or renewing of the license would not be in the public interest.
 (e) Licenses issued by the board are not transferable or assignable.
 (f) The board shall specify by regulation the minimum standards for responsibility of a facility or pharmacy that has employees or personnel engaged in the practice of pharmacy or engaged in the manufacture, wholesale distribution, production, or use of drugs or devices in the conduct of its business.
 (g) A licensed facility shall report to the board
 (1) permanent closing;
 (2) change of ownership; management, location, or pharmacist-in-charge of a pharmacy;
 (3) theft or loss of drugs or devices as defined by regulations of the board;
 (4) conviction of an employee of violation of a state or federal drug law;
 (5) disasters, accidents, theft, destruction, or loss relating to records required to be maintained by state or federal law;
 (6) occurrences of significant adverse drug reactions as defined by regulations of the board;
 (7) other matters and occurrences the board may require by regulation.
 (h) The board may suspend, revoke, deny, or refuse to renew the license of a facility or pharmacy on the following grounds;
 (1) the finding by the board of violations of a federal, state, or local law relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances;
 (2) a felony conviction under federal, state, or local law of an owner of the facility or pharmacy or of an employee of the facility or pharmacy;
 (3) the furnishing of false or fraudulent material in an application made in connection with drug or device manufacturing or distribution;
 (4) suspension or revocation by federal, state, or local government of a license currently or previously held by the applicant for the manufacture or distribution of drugs or devices, including controlled substances;
 (5) obtaining remuneration by fraud, misrepresentation, or deception;
 (6) dealing with drugs or devices that are known or should have been known to be stolen drugs or devices;
 (7) dispensing or distributing drugs or devices directly to patients by a wholesale drug distributor other than a pharmacy;
 (8) violation of this chapter or a regulation adopted under this chapter.
 (i) The board's regulations under (b) - (d) and (f) of this section may not establish more stringent licensing requirements for the facilities governed by AS 08.80.390 than are set out in AS 08.80.390 .
 (j) This section does not apply to the offices of physicians, osteopaths, podiatrists, physician assistants, advanced nurse practitioners, dentists, veterinarians, dispensing opticians, or optometrists.
 Sec. 08.80.158. - Registration of pharmacies located outside of state.
 (a) A pharmacy located outside of the state that regularly ships, mails, or delivers prescription drugs to consumers in the state shall register with the board.
 (b) A pharmacy registering with the board under (a) of this section shall furnish to the board annually
 (1) the location, names, and titles of all principal corporate officers and of all pharmacists who are dispensing prescription drugs to residents of the state;
 (2) a copy of a current valid license, permit, or registration to conduct operations in the jurisdiction in which it is located, and a copy of the most recent report resulting from an inspection of the pharmacy by the regulatory or licensing agency of the jurisdiction in which the pharmacy is located;
 (3) a sworn statement indicating that the pharmacy complies with all lawful directions and requests for information from the regulatory or licensing authority of the jurisdiction in which the pharmacy is licensed; and
 (4) proof satisfactory to the board that the pharmacy maintains its records of prescription drugs dispensed to persons in the state so that the records are readily retrievable from the records of other prescription drugs dispensed by the pharmacy.
 (c) A pharmacy subject to this section shall, during its regular hours of operation, provide a toll-free telephone service to facilitate communication between persons in the state and a pharmacist at the pharmacy who has access to records concerning the dispensing of prescription drugs to persons in the state. The toll-free number and the hours that the service is available shall be disclosed on a label affixed to each container of drugs dispensed to persons in the state. The telephone service shall be available at least 40 hours a week and at least six days a week.
 (d) The board may, after a hearing, deny, revoke, or suspend the registration of a pharmacy located outside of the state and subject to this section if the pharmacy fails to comply with the requirements of this section, AS 17.20.080 - 17.20.135, or AS 17.30.020 - 17.30.080, or if the license, permit, or registration of the pharmacy is denied, revoked, or suspended by the licensing or regulatory agency of the jurisdiction in which the pharmacy is located.
 (e) A pharmacy located outside of the state that is subject to this section but is not registered with the board under this section may not ship, mail, or deliver prescription drugs into the state and may not advertise its services in the state.
 (f) A pharmacy subject to this section shall appoint a registered agent in the state who is empowered to accept, on behalf of the pharmacy, process, notice, and demand required or permitted by law to be served upon the pharmacy. If the pharmacy fails to appoint an agent under this subsection, if the registered agent cannot with reasonable diligence be found at the registered office, or if the registration of the pharmacy is suspended or revoked, the commissioner of commerce and economic development is an agent upon whom process, notice, or demand may be served. Service is made upon the commissioner in the same manner as provided for corporations under AS 10.06.175 (b), except that for the purposes of AS 10.06.175 (b)(2)(A), the address shall be the last registered address of the pharmacy as shown by the records of the board.
 (g) The board shall by regulation define "regularly" for this section.
 Sec. 08.80.160. - Fees.
 The Department of Commerce and Economic Development shall set fees under AS 08.01.065 for the following:
 (1) examination;
 (2) reexamination;
 (3) investigation for licensing by license transfer;
 (4) pharmacist license;
 (5) temporary license;
 (6) pharmacy technician license;
 (7) pharmacy intern license;
 (8) emergency permit;
 (9) license amendment or replacement;
 (10) registration or licensure of a facility classified under AS 08.80.157(b).
 Sec. 08.80.165. - Continuing education requirements.
 The board shall establish requirements for continuing education in pharmacy that must be satisfied before a license issued under this chapter may be renewed.
 Sec. 08.80.170. - 08.80.210 - Fees. [Repealed, Sec. 7 ch 24 SLA 1968].
 Repealed or Renumbered
 Sec. 08.80.220. - Prescription department required for issuance of license. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.230. - Sanitary conditions required for issuance of license. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.240. - Form and display of registration certificate and license. [Repealed, Sec. 28 ch 45 SLA 1996].
 Repealed or Renumbered
 Sec. 08.80.250. - 08.80.260 - Renewal of lapsed registration; ground for refusing or revoking a license. [Repealed, Sec. 21 ch 166 SLA 1980].
 Repealed or Renumbered
 Sec. 08.80.261. - Disciplinary sanctions.
 (a) The board may, after a hearing, impose a disciplinary sanction authorized under AS 08.01.075 on a person licensed under this chapter when the board finds that the licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) has been convicted of a felony or has been convicted of another crime that affects the licensee's ability to continue to practice competently and safely;
 (5) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred;
 (6) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
 (7) is incapable of engaging in the practice of pharmacy with reasonable skill, competence, and safety for the public because of
 (A) professional incompetence;
 (B) failure to keep informed of or use current professional theories or practices;
 (C) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
 (D) physical or mental disability; or
 (E) other factors determined by the board;
 (8) engaged in conduct involving moral turpitude or gross immorality;
 (9) made a controlled substance available to a person except upon prescription issued by a person licensed to prescribe controlled substances;
 (10) was convicted of selling federal legend drugs without the prescription of a person licensed to prescribe federal legend drugs;
 (11) violated state or federal laws or regulations pertaining to drugs or pharmacies;
 (12) failed to report relevant information to the board about a pharmacist or pharmacy intern that the licensee knew or suspected was incapable of engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public;
 (13) aided another person to engage in the practice of pharmacy or to use the title of "pharmacist" or "pharmacy intern" without a license; or
 (14) engaged in unprofessional conduct, as defined in regulations of the board.
 (b) The board may place under seal all drugs that are owned by or in the possession, custody, or control of a licensee at the time a license is suspended or revoked or at the time the board refuses to renew a license. Except for perishable items, the drugs may not be disposed of until the licensee has exhausted administrative and judicial remedies relating to the licensing action. Perishable items may be sold upon order of the court with the proceeds to be deposited with the court. The board shall notify the Department of Health and Social Services about drugs placed under seal under this subsection.
 Sec. 08.80.265. - Limits or conditions on license; discipline. [Repealed, Sec. 21 ch 166 SLA 1980].
 Repealed or Renumbered
 Sec. 08.80.266. - Disciplinary sanctions. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.075 ].
 Repealed or Renumbered
 Chapter 08.84. - PHYSICAL THERAPISTS AND OCCUPATIONAL THERAPISTS
 Sec. 08.84.010. - Creation and membership of board.
 (a) There is created the State Physical Therapy and Occupational Therapy Board, which consists of seven members. The membership consists of one physician licensed to practice medicine in the state, three physical therapists licensed in the state or two physical therapists and a physical therapy assistant licensed in the state, two occupational therapists licensed in the state or an occupational therapist and occupational therapy assistant licensed in the state, and one lay person with no direct financial interest in the health care industry. Members of the board shall be United States citizens domiciled in the state.
 (b) The board shall control all matters pertaining to the licensing of physical therapists, physical therapy assistants, occupational therapists, and occupational therapy assistants and the practice of physical therapy and the practice of occupational therapy. The board shall
 (1) pass upon the qualifications of applicants;
 (2) provide for the examination of applicants;
 (3) issue temporary permits and licenses to persons qualified under this chapter;
 (4) suspend, revoke, or refuse to issue or renew a license under AS 08.84.120;
 (5) keep a current register listing the name, business address, date, and number of the license of each person who is licensed to practice under this chapter;
 (6) adopt regulations under AS 44.62 necessary to carry out the purposes of this chapter including regulations establishing qualifications for licensure and renewal of licensure under this chapter.
 Sec. 08.84.020. - Applicability of Administrative Procedure Act.
 The board shall comply with AS 44.62 (Administrative Procedure Act).
 Sec. 08.84.030. - Qualifications for licensing.
 (a) To be eligible for licensure by the board as a physical therapist or physical therapy assistant, an applicant, unless a graduate of a foreign school of physical therapy located outside the United States, shall
 (1) have graduated from a school of physical therapy approved by the Council on Medical Education and Hospitals of the American Medical Association, or the American Physical Therapy Association;
 (2) pass to the satisfaction of the board an examination prepared by a national testing service approved by the board to determine the applicant's fitness for practice as a physical therapist or physical therapy assistant, or be entitled to licensure without examination as provided in AS 08.84.060 ;
 (3) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010 (b).
 (b) To be eligible for licensure by the board as an occupational therapist or occupational therapy assistant, an applicant, unless a graduate of a foreign school of occupational therapy located outside the United States, shall
 (1) have successfully completed a curriculum of occupational therapy approved by the Committee of Allied Health Education and Accreditation of the American Medical Association or the American Occupational Therapy Association;
 (2) submit proof of successful completion and supervised field work approved by the board
 (A) for an occupational therapist, a minimum of six months of supervised field work;
 (B) for an occupational therapy assistant, a minimum of two months of supervised field work;
 (3) pass, to the satisfaction of the board, an examination prepared by a national testing service approved by the board or an examination recognized by the American Occupational Therapy Association to determine the applicant's fitness for practice as an occupational therapist or an occupational therapy assistant, or be entitled to licensure without examination under AS 08.84.060 ; and
 (4) meet qualifications for licensure established in regulations adopted by the board under AS 08.84.010 (b).
 Sec. 08.84.032. - Foreign-trained applicants.
 (a) To be eligible for licensure by the board as a physical therapist or physical therapy assistant, an applicant who is a graduate of a school of physical therapy that is located outside of the United States shall
 (1) have completed, to the satisfaction of the board, a resident course of study and professional instruction equivalent to that provided by a school approved by the Council on Medical Education and Hospitals of the American Medical Association or the American Physical Therapy Association, and furnish documentary evidence of compliance with this paragraph, translated, if necessary, into the English language by a person verifying the accuracy of the translations;
 (2) have completed, to the satisfaction of the board, an internship under the continuous direction and immediate supervision of a physical therapist in an institution that ordinarily provides physical therapy and is approved by the board, for that period of time specified by the board, and furnish documentary evidence of compliance with this paragraph;
 (3) pass an examination recognized by the board that measures the competence of the applicant in the English language;
 (4) have met applicable requirements under the federal Immigration and Nationality Act (8 U.S.C. 1101 et seq.), unless a United States citizen;
 (5) pass the examination administered by the board under AS 08.84.030(a)(2); and
 (6) pay the fee required under AS 08.84.050 .
 (b) To be eligible for licensure by the board as an occupational therapist or occupational therapy assistant, an applicant who is a graduate of a school of occupational therapy that is located outside of the United States shall
 (1) have completed, to the satisfaction of the board, a resident course of study and professional instruction equivalent to that provided by a curriculum approved by the Committee of Allied Health Education and Accreditation of the American Medical Association or the American Occupational Therapy Association, and have furnished documentary evidence of compliance with this paragraph, translated, if necessary, into the English language by a person verifying the accuracy of the translations;
 (2) have completed, to the satisfaction of the board, supervised field work equivalent to that required under AS 08.84.030 (b);
 (3) pass an examination recognized by the board that measures the competence of the applicant in the English language;
 (4) have met applicable requirements under 8 U.S.C. 1101 - 1503 (Immigration and Nationality Act) unless a United States citizen;
 (5) pass an examination administered or approved by the board under AS 08.84.030 ; and
 (6) pay the fee required under AS 08.84.050 .
 Sec. 08.84.035. - Malpractice insurance. [Repealed, Sec. 40 ch 177 SLA 1978].
 Repealed or Renumbered
 Sec. 08.84.040. - Application for license.
 To be licensed under this chapter to practice physical therapy or occupational therapy, an applicant shall apply to the board on a form prescribed by the board. An applicant shall include in the application evidence under oath that the applicant possesses the qualifications required by AS 08.84.030 or 08.84.032.
 Sec. 08.84.050. - Fees.
 The Department of Commerce and Economic Development shall set fees under AS 08.01.065 for the following:
 (1) application;
 (2) license by examination;
 (3) license by acceptance of credentials;
 (4) renewal;
 (5) temporary permit;
 (6) limited permit.
 Sec. 08.84.060. - Licensure by acceptance of credentials.
 The board may license without examination an applicant who is a physical therapist, physical therapy assistant, occupational therapist, or occupational therapy assistant licensed under the laws of another state, if the requirements for licensure in that state, were, at the date of the applicant's licensure, substantially equal to the requirements in this state.
 Sec. 08.84.065. - Temporary permit.
 (a) The board may issue a nonrenewable temporary permit to an applicant for licensure by acceptance of credentials or by examination who
 (1) meets the requirements of
 (A) AS 08.84.030 (a)(1) or (b)(1); or
 (B) AS 08.84.032 (a)(2) and (4) or (b)(2) and (4); and
 (2) pays the required fee.
 (b) A temporary permit issued to an applicant for licensure by acceptance of credentials is valid for eight months or until the board considers the applicant's application for acceptance of credentials, whichever occurs first.
 (c) A temporary permit issued to an applicant for licensure as a physical therapist or physical therapy assistant by examination is valid for eight months or until the results of the first examination for which the applicant is scheduled are published, whichever occurs first. If the applicant fails to take the first examination for which the applicant is scheduled the applicant's temporary permit lapses on the day of the examination.
 (d) A temporary permit issued to an applicant who is a graduate of a foreign school of physical therapy or occupational therapy located outside the United States is valid until the results of the first examination for which the applicant is scheduled are published following completion of the internship required under AS 08.84.032 .
 (e) A temporary permit issued to an applicant for licensure as an occupational therapist or occupational therapy assistant by examination is valid for eight months or until the results of the examination for which the applicant is scheduled are published, whichever occurs first. If the applicant fails to take an examination for which the applicant is scheduled the applicant's temporary permit lapses on the day of the examination.
 Sec. 08.84.070. - Registration fee. [Repealed, Sec. 8 ch 49 SLA 1969].
 Repealed or Renumbered
 Sec. 08.84.075. - Limited permit.
 (a) The board may issue a limited permit to a person to practice occupational therapy in the state as a visiting, nonresident occupational therapist or occupational therapy assistant, if the person
 (1) applies on the form provided by the board;
 (2) has not previously been denied occupational therapy licensure in the state;
 (3) is licensed to practice occupational therapy in another state or satisfies the requirements for certification by the American Occupational Therapy Association;
 (4) provides proof satisfactory to the board that the person will not practice in the state for more than 120 days in the calendar year for which the permit is issued; and
 (5) pays the fee required under AS 08.84.050 .
 (b) The board may issue a limited permit to a person to practice physical therapy in the state as a visiting, nonresident physical therapist or physical therapy assistant, if the person
 (1) applies on the form provided by the board;
 (2) has not previously been denied physical therapy licensure in the state;
 (3) is licensed to practice physical therapy in another state;
 (4) provides proof satisfactory to the board that the person will not practice in the state for more than 120 days in the calendar year for which the permit is issued; and
 (5) pays the fee required under AS 08.84.050 .
 (c) A limited permit is valid for a period not exceeding 120 days in a calendar year.
 (d) A person may not receive more than three limited permits to practice occupational therapy or physical therapy during the person's lifetime.
 Sec. 08.84.080. - Examinations.
 The board shall examine applicants for licensure under this chapter at the times and places it determines.
 Sec. 08.84.090. - Licensure.
 The board shall license an applicant who meets the qualifications for licensure under this chapter. It shall issue a license certificate to each person licensed. A license certificate is prima facie evidence of the right of the person to hold out as a licensed physical therapist, licensed physical therapy assistant, licensed occupational therapist, or licensed occupational therapy assistant.
 Sec. 08.84.100. - Renewal of license.
 (a) [Repealed, Sec. 49 ch 94 SLA 1987].
 (b) If a license remains lapsed for more than three years, the board may require the applicant to submit proof, satisfactory to the board, of continued competency.
 (c) A license may not be renewed unless the applicant submits proof of continued competence to practice physical therapy or occupational therapy in a manner established by the board in regulations adopted under AS 08.84.010 (b).
 Sec. 08.84.110. - Renewal fee. [Repealed, Sec. 8 ch 49 SLA 1969].
 Repealed or Renumbered
 Sec. 08.84.120. - Refusal, revocation, and suspension of license.
 (a) The board may refuse to license an applicant, may refuse to renew the license of a person, and may suspend or revoke the license of a person who
 (1) has obtained or attempted to obtain a license by fraud or material misrepresentation;
 (2) uses drugs or alcohol in a manner that affects the person's ability to practice physical therapy or occupational therapy competently and safely;
 (3) has been convicted of a state or federal felony or other crime that effects the person's ability to practice competently and safely;
 (4) is guilty, in the judgment of the board, of gross negligence or malpractice or has engaged in conduct contrary to the recognized standards of ethics of the physical therapy profession or the occupational therapy profession;
 (5) has continued to practice physical therapy or occupational therapy after becoming unfit due to physical or mental disability;
 (6) has failed to refer a patient to another qualified professional when the patient's condition is beyond the training or ability of the person;
 (7) as a physical therapy assistant, has attempted to practice physical therapy that has not been initiated, supervised, and terminated by a licensed physical therapist; or
 (8) as an occupational therapy assistant, has attempted to practice occupational therapy that has not been supervised by a licensed occupational therapist.
 (b) The refusal or suspension of a license may be modified or rescinded if the person has been rehabilitated to the satisfaction of the board.
 Sec. 08.84.130. - False claim of license prohibited.
 (a) A person not licensed as a physical therapist, or whose license is suspended or revoked, or whose license is lapsed, who uses in connection with the person's name the words or letters "L.P.T.", "Licensed Physical Therapist," or other letters, words, or insignia indicating or implying that the person is a licensed physical therapist, or who in any way, orally, or in writing, directly or by implication, holds out as a licensed physical therapist is guilty of a class B misdemeanor.
 (b) A person not licensed as a physical therapy assistant, or whose license is suspended or revoked, or whose license is lapsed, who in any way, orally, or in writing, directly or by implication, holds out as a licensed physical therapy assistant is guilty of a class B misdemeanor.
 (c) A person not licensed as an occupational therapist, or whose license is suspended or revoked, or whose license is lapsed, who uses in connection with the person's name the words "Licensed Occupational Therapist," or other letters, words, or insignia indicating or implying that the person is a licensed occupational therapist, or who orally or in writing, directly or by implication, holds out as a licensed occupational therapist is guilty of a class B misdemeanor.
 (d) A person not licensed as an occupational therapy assistant, or whose license is suspended or revoked, or whose license is lapsed, who orally or in writing, directly or by implication, holds out as a licensed occupational therapy assistant is guilty of a class B misdemeanor.
 Sec. 08.84.140. - Penalty for fraud in obtaining license.
 A person who wilfully makes a false oath or affirmation or who obtains or attempts to obtain a license by a fraudulent representation is guilty of a class B misdemeanor.
 Sec. 08.84.150. - License required; exceptions.
 (a) It is unlawful for a person to practice physical therapy without being licensed under this chapter unless the person is
 (1) a student in an accredited physical therapy program;
 (2) a graduate of a foreign school of physical therapy fulfilling the internship requirement of AS 08.84.032 , and then only unless under the continuous direction and immediate supervision of a physical therapist; or
 (3) issued a limited permit under AS 08.84.075 .
 (b) A person may not provide services that the person describes as occupational therapy without being licensed under this chapter unless the person is
 (1) a student in an accredited occupational therapy program or in a supervised field work program;
 (2) a graduate of a foreign school of occupational therapy fulfilling the internship requirement of AS 08.84.032 , and then only unless under the continuous direction and immediate supervision of an occupational therapist;
 (3) an occupational therapist or occupational therapy assistant employed by the United States Government while in the discharge of official duties;
 (4) granted a limited permit under AS 08.84.075 ;
 (5) licensed under this title and uses occupational therapy skills in the practice of the profession for which the license is issued; or
 (6) employed as a teacher or teacher's aide by an educational institution and is required to use occupational therapy skills during the course of employment, if
 (A) the occupational therapy skills are used under a program implemented by the employer and developed by a licensed occupational therapist;
 (B) the employer maintains direct supervision of the person's use of occupational therapy skills; and
 (C) the person does not represent to
 (i) be an occupational therapist or occupational therapy assistant; and
 (ii) practice occupational therapy.
 Sec. 08.84.160. - Scope of authorized practice.
 This chapter does not authorize a person to practice medicine, osteopathy, chiropractic, or other method of healing, but only to practice physical therapy or occupational therapy.
 Sec. 08.84.170. - Penalty. [Repealed, Sec. 7 ch 46 SLA 1986].
 Repealed or Renumbered
 Sec. 08.84.180. - Investigation.
 The board shall request appropriate authorities to conduct investigations of every supposed violation of this chapter coming to its notice and shall report all cases that in the judgment of the board warrant prosecution to the proper law enforcement officials.
 Sec. 08.84.185. - Limits or conditions on license; discipline. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.075 ].
 Repealed or Renumbered
 Chapter 08.86. - PSYCHOLOGISTS AND PSYCHOLOGICAL ASSOCIATES
 Sec. 08.86.010. - Creation and membership of board.
 There is created a Board of Psychologist and Psychological Associate Examiners. It consists of three licensed psychologists, a licensed psychological associate, and one person who has no direct financial interest in the health care industry.
 Sec. 08.86.020. - Appointment and term of office. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.86.025. - Removal of board members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.86.030. - Board meetings.
 The board shall hold at least three meetings annually. The board may hold special meetings at the call of the chairman or of a majority of the board members.
 Sec. 08.86.040. - Assistants.
 The board may employ assistants to prepare and grade examinations and to investigate alleged violations of this chapter.
 Sec. 08.86.050. - Transportation and per diem. [Repealed, Sec. 1 ch 42 SLA 1977].
 Repealed or Renumbered
 Chapter 08.87. - REAL ESTATE APPRAISERS
 Article 01 - BOARD OF CERTIFIED REAL ESTATE APPRAISERS
 Sec. 08.87.010. - Board created.
 There is created in the Department of Commerce and Economic Development the Board of Certified Real Estate Appraisers. The board is composed of five members appointed by the governor. At least one member shall be a person licensed under this chapter as a general real estate appraiser, at least one member shall be a person licensed under this chapter as a residential real estate appraiser, at least one member shall be an executive in a mortgage banking entity, and at least one member shall represent the public. The board shall elect a chair from among its membership.
 Sec. 08.87.020. - Powers and duties of board.
 In addition to the powers and duties conferred on the board by AS 08.01, the board shall
 (1) establish the examination specifications for certification as a general real estate appraiser, as a residential real estate appraiser, and as an institutional real estate appraiser;
 (2) adopt rules of professional conduct to establish and maintain a high standard of integrity in the real estate appraisal profession; and
 (3) adopt regulations necessary to carry out the purposes of this chapter, including regulations necessary to comply with the requirements of 12 U.S.C. 3331 - 3351 (Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989); the regulations adopted by the board under AS 08.87.110 , 08.87.120, and 08.87.310 may not be more stringent than the corresponding minimum requirements for receiving approval of the state's program of certification of real estate appraisers under 12 U.S.C. 3331 - 3351 or other federal law.
 Sec. 08.87.100. - Certificate required.
 A person is guilty of a class B misdemeanor who
 (1) does not hold a certificate issued by the board, whose certificate is suspended or revoked, or whose certificate has lapsed or terminated, and holds out as a certified real estate appraiser in any way, orally or in writing, directly or by implication;
 (2) is certified as a residential real estate appraiser and holds out as certified to appraise real estate other than
 (A) residential real property of four or fewer units; or
 (B) residential real property of 12 or fewer units when a net income capitalization analysis is not required by the terms of the appraisal assignment and a secondary mortgage market form is used; or
 (3) is certified as an institutional real estate appraiser and
 (A) holds out as certified to appraise real estate other than
 (i) residential real property of four or fewer units having a transaction value of less than $1,000,000; or
 (ii) commercial property having a transaction value of less than $250,000;
 (B) holds out as performing real estate appraisal services for a fee or for the public at large;
 (C) accepts a fee for real estate appraisal services other than for services conducted as a full-time employee of a financial institution with offices in the state and other than a salary received as a full-time employee of the financial institution; or
 (D) performs a real estate appraisal for other than the portfolio of the financial institution for which the person is employed.
 Sec. 08.87.110. - General, residential, and institutional real estate appraiser certificates.
 (a) The board shall issue a general real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person
 (1) has successfully completed classroom instruction in subjects related to real estate appraisal, as required by the board in regulation, from an appraisal organization or academic institution approved by the board;
 (2) has successfully completed classroom instruction related to standards of professional practice as a real estate appraiser, as required by the board in regulation;
 (3) successfully completes an examination prescribed by the board;
 (4) has not been convicted of a crime involving moral turpitude; and
 (5) has paid the required fees.
 (b) The board shall issue a residential real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person
 (1) meets the requirements of (a)(2) - (5) of this section; and
 (2) has successfully completed classroom instruction in subjects related to residential real estate appraisal, as required by the board in regulation, from an appraisal organization or academic institution approved by the board.
 (c) Notwithstanding (a) and (b) of this section, the board shall, without requiring the examination specified in (a)(3) of this section, issue a general real estate appraiser or residential real estate appraiser certificate to a person who can, by evidence satisfactory to the board, show that the person
 (1) has been certified in another state that has certification requirements substantially equivalent to the requirements established by this chapter and by regulations issued by the board under this chapter, and that provides for certification of nonresidents under conditions similar to those set out in this subsection and without discriminatory costs;
 (2) is not the subject of an unresolved complaint or disciplinary action before an authority regulating real estate appraisers or a professional real estate appraisers' association;
 (3) has not failed the examination for certification as a real estate appraiser in this state;
 (4) has not had certification as a real estate appraiser revoked or suspended in this state or in another jurisdiction;
 (5) has submitted proof of continued competency satisfactory to the board;
 (6) successfully completes an examination that may be prescribed by the board relating to appraisal matters unique to Alaska; and
 (7) has paid the required fees.
 (d) A certificate may be issued to a natural person only. A certified real estate appraiser may sign an appraisal report on behalf of a corporation, partnership, firm, or group practice.
 (e) The board shall issue an institutional real estate appraiser certificate to a person who presents evidence satisfactory to the board that the person meets the educational and testing requirements of 12 U.S.C. 3331 - 3351 (Title XI, Financial Institutions Reform, Recovery, and Enforcement Act of 1989) as implemented by the board and that the person is a full-time employee of a financial institution with offices in the state. A person receiving certification under this subsection may perform an appraisal only
 (1) for and as an employee of a financial institution with offices in the state;
 (2) for the financial institution's own portfolio; and
 (3) of
 (A) commercial property with a transaction value of less than $250,000; or
 (B) residential property of four or fewer units having a transaction value of less than $1,000,000.
 (f) A certificate issued under (e) of this section terminates when the person certified leaves the full-time employment of the financial institution with offices in the state for whom the person was employed when the certificate was issued.
 (g) A person certified under (e) of this section as an institutional real estate appraiser may not perform real estate appraisal services for the general public or for a fee other than the salary the person receives as a full-time employee of a financial institution with offices in the state.
 Sec. 08.87.120. - Continuing education requirements for renewal of certificate.
 (a) The board may not renew a certificate issued under this chapter unless the person applying for renewal presents evidence satisfactory to the board that the person has, within the two years preceding the application for renewal, attended classroom instruction, as required by the board in regulation, in courses or seminars that have received the approval of the board.
 (b) The board may grant credit toward some or all of the requirements of (a) of this section to a person who has
 (1) successfully completed a program of study determined by the board to be equivalent for continuing education purposes to a course or seminar approved by the board for continuing education credit; or
 (2) participated, other than as a student, in educational programs that related to real estate analysis or real property appraisal theory, practice, or technique, including teaching, program development, and preparation of textbooks, monographs, articles, and other instructional materials.
 (c) The board shall adopt regulations on continuing education to ensure that persons applying for renewal of certificates have thorough knowledge of current theories, practices, and techniques of real estate analysis and appraisal. The regulations must provide for
 (1) procedures for the sponsor of a course or seminar to apply for board approval for continuing education credit; the regulations must require the sponsor to show that claimed attendance at a course or seminar can be verified; and
 (2) procedures for evaluating equivalency claims for applicants for certificate renewal under (b) of this section.
 (d) In considering whether to approve courses and seminars under this section, the board shall give special consideration to courses, seminars, and other appraisal education programs developed by or under the auspices of organizations or associations of professional real estate appraisers that are utilized by those organizations or associations for the purposes of awarding real estate appraisal designations or of indicating compliance with the continuing education requirements of the organizations or associations.
 (e) An amendment or repeal of a regulation adopted by the board under this section shall not operate to deprive a person holding a certificate under this chapter of credit toward renewal of the person's certificate for a course of instruction or seminar that had been completed by the person before the amendment or repeal of the regulation.
 Sec. 08.87.200. - Prohibited practices.
 A certified real estate appraiser may not
 (1) act negligently or incompetently or fail without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal;
 (2) wilfully disregard or violate a provision of this chapter or of a regulation adopted by the board under this chapter;
 (3) fail to comply with the Uniform Standards of Professional Appraisal Practice adopted by the Appraisal Standards Board of the Appraisal Foundation;
 (4) accept a fee for an appraisal assignment that is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or upon the opinion, conclusion, or valuation reached, or upon the consequences resulting from the appraisal assignment;
 (5) knowingly make a false statement, submit false information, or fail to provide complete information in response to a question in an application for certification or for renewal of a certificate; or
 (6) violate the confidential nature of government records to which the person gains access through retention as an appraiser by the government agency.
 Sec. 08.87.210. - Disciplinary proceedings.
 The board may exercise its disciplinary powers under AS 08.01.075 if, after hearing, the board finds a certified real estate appraiser has
 (1) violated a provision of this chapter or a regulation adopted by the board under this chapter;
 (2) been convicted of a crime that involves moral turpitude; or
 (3) committed, while acting as a real estate appraiser, an act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit the appraiser or another person or to injure another person.
 Sec. 08.87.300. - Retention of records.
 (a) A certified real estate appraiser shall retain for not less than three years copies of all written contracts engaging the appraiser's services for real property appraisal work, and all reports and supporting data assembled and formulated by the appraiser in preparing the reports.
 (b) The three-year period specified in (a) of this section for retention of records is applicable to each engagement of the services of the appraiser and commences upon the date of the submittal of the appraisal reports to the client unless, within the three-year period, the appraiser is notified that the appraisal report is involved in litigation, in which case the three-year retention period commences upon the date of the final disposition of the litigation.
 (c) All records that a certified appraiser must maintain under (a) of this section shall be made available to the board or department for inspection and copying upon reasonable notice to the appraiser.
 Sec. 08.87.310. - Registered trainees.
 (a) A person engaged in the practice of real estate appraisal who is employed by or under the direct supervision of a certified real estate appraiser may become a registered trainee by submitting proof to the board that the person has successfully completed the number of classroom hours required by the board in regulation of courses in subjects related to real estate appraisal from an appraisal organization or academic institution approved by the board.
 (b) A registered trainee may prepare or assist in the preparation of an appraisal report issued by a certified real estate appraiser if the report is also signed by the certified real estate appraiser and if the certified real estate appraiser accepts full responsibility for the report.
 Sec. 08.87.320. - Actions by uncertified real estate appraisers prohibited.
 A person may not bring an action in a court of this state for compensation for an act done or service rendered as a certified real estate appraiser if the person did not hold a certificate under this chapter at the time that the person performed the act or service or offered to perform the act or service.
 Sec. 08.87.330. - Exemptions.
 This chapter does not apply to a person who appraises real estate as part of the tax assessment process of a municipality.
 Sec. 08.87.340. - Appraisals by uncertified appraisers permitted.
 Nothing in this chapter precludes a person who is not certified as a real estate appraiser from appraising real estate for compensation if the person does not hold out to be a certified appraiser and if appraisal by a certified appraiser is not required by federal law.
 Sec. 08.87.900. - Definitions.
 In this chapter,
 (1) "analysis assignment" means an analysis, opinion, or conclusion prepared by a real estate appraiser that relates to the nature, quality, or utility of certified real estate or real property;
 (2) "appraisal" means an analysis, opinion, or conclusion prepared by a real estate appraiser relating to the nature, quality, value, energy efficiency, or utility of specified interests in, or aspects of, identified real estate, and includes a valuation appraisal, an analysis assignment, and a review assignment;
 (3) "appraisal assignment" means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested person rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate;
 (4) "appraisal report" means any communication, written or oral, of an appraisal;
 (5) "board" means the Board of Certified Real Estate Appraisers;
 (6) "department" means the Department of Commerce and Economic Development;
 (7) "general real estate appraiser" means a real estate appraiser certified to appraise all types of real property;
 (8) "institutional real estate appraiser" means a real estate appraiser employed full-time by a financial institution with offices in the state;
 (9) "real estate" means an identified parcel or tract of land, including improvements, but excluding subsurface natural resource values;
 (10) "real property" means one or more defined interests, benefits, and rights inherent in the ownership of real estate;
 (11) "residential real estate appraiser" means a real estate appraiser certified to appraise residential real property, subject to the limitations of AS 08.87.100 (2);
 (12) "review assignment" means an analysis, opinion, or conclusion prepared by a real estate appraiser that forms an opinion as to the adequacy and appropriateness of a valuation appraisal or an analysis assignment;
 (13) "valuation appraisal" means an analysis, opinion, or conclusion prepared by a real estate appraiser that estimates the value of an identified parcel of real estate, or identified real property at a particular time.
 Chapter 08.88. - REAL ESTATE BROKERS AND OTHER LICENSEES
 Sec. 08.88.010. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.011. - Creation and membership of commission.
 There is created a Real Estate Commission. It consists of seven members.
 Sec. 08.88.020. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.021. - Appointment and term of office. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.88.026. - Terms of office. [Repealed, Sec. 20 ch 80 SLA 1996. For current law, see AS 39.05.053 ].
 Repealed or Renumbered
 Sec. 08.88.030. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.031. - Executive secretary of commission.
 The department shall, after consultation with the commission, employ a person, who is not a member of the commission, to serve as executive secretary for the commission. The executive secretary shall perform duties as assigned by the commission.
 Sec. 08.88.034. - Investigator of the commission. [Repealed, Sec. 9 ch 74 SLA 1987].
 Repealed or Renumbered
 Sec. 08.88.037. - Investigation and injunction.
 (a) The commission may request the department to conduct investigations to determine whether a person has violated a provision of this chapter or a regulation adopted under it, or to secure information useful in the administration of this chapter.
 (b) If it appears to the department that a person has engaged in or is about to engage in an act or practice in violation of a provision of this chapter or a regulation adopted under it and that action is warranted in the public interest, the department shall notify all commission members by telephone, telegraph, or facsimile of a proposed order or action, and, if a majority of the members of the commission approve, the department may
 (1) after reasonable notice of and an opportunity for a hearing is given to the person, issue an order directing the person to stop the act or practice; the department may issue a temporary order before a hearing is held; a temporary order remains in effect until a final order affirming, modifying, or reversing the temporary order is issued or until 15 days have elapsed after the person receives the notice and has not requested a hearing; a temporary order becomes final if the person to whom the notice is addressed does not request a hearing within 15 days after receiving the notice; if a hearing is requested, a hearing shall be conducted by a hearing officer within 30 days; the commission shall issue a final order within 10 days after the hearing;
 (2) bring an action in superior court to enjoin the act or practice and to enforce compliance with this chapter, a regulation adopted under it, or an order issued under it;
 (3) examine or have examined the books and records of a person whose business activities require licensure under this chapter and the department may require the person to pay the reasonable costs of the examination; and
 (4) issue subpoenas for the attendance of witnesses, and the production of books, records, and other documents.
 Sec. 08.88.040. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.041. - Qualifications of commission members.
 (a) Five members of the commission must be real estate brokers or associate brokers who have been licensed real estate brokers or licensed associate brokers in Alaska for at least three years before appointment. Two members of the commission must be public members in accordance with AS 08.01.025 .
 (b) Of the five members of the commission who must be real estate brokers or associate brokers, one member shall be from the First Judicial District, one shall be from the Second Judicial District, one shall be from the Third Judicial District, one shall be from the Fourth Judicial District and one shall be from the state at large. However, if no licensed real estate broker or licensed associate broker is eligible or available for appointment from the Second Judicial District, then two licensed real estate brokers or licensed associate brokers shall be appointed from the state at large.
 Sec. 08.88.050. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.051. - Commission meetings and officers.
 (a) The commission shall hold a regular annual meeting. It may hold a special meeting at the call of the chairman or at the request of three commission members.
 (b) At least two judicial districts shall be represented and at least a majority of the commission members shall be present in order to conduct business.
 (c) The commission shall elect its officers at the first meeting of each fiscal year.
 Sec. 08.88.060. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.061. - Assistants.
 Notwithstanding contrary provisions of AS 08.01.050 , the commission may assign or designate assistants to
 (1) issue licenses to applicants who meet the qualifications for licensure established under this chapter;
 (2) prepare questions on examinations;
 (3) administer and grade examinations;
 (4) certify courses required under this chapter;
 (5) approve instructors to teach courses required under this chapter; and
 (6) negotiate terms for payment of fines and other money due under this chapter.
 Sec. 08.88.070. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.071. - Duties of the commission.
 (a) The commission shall
 (1) determine whether applicants meet requirements for licenses under this chapter and issue licenses to those who qualify;
 (2) prepare and grade examinations;
 (3) after hearing, have the authority to suspend or revoke the license of a licensee or impose other disciplinary sanctions authorized under AS 08.01.075 on a licensee who
 (A) with respect to a real estate transaction
 (i) made a substantial misrepresentation;
 (ii) made a false promise likely to influence, persuade, or induce;
 (iii) in the case of a real estate broker, pursued a flagrant course of misrepresentation or made a false promise through another real estate licensee;
 (iv) has engaged in conduct that is fraudulent or dishonest;
 (v) violates AS 08.88.391 ;
 (B) procures a license by deceiving the commission, or aids another to do so;
 (C) has engaged in conduct of which the commission had no knowledge at the time the licensee was licensed demonstrating the licensee's unfitness to engage in the business for which the licensee is licensed;
 (D) knowingly authorizes, directs, connives at or aids in publishing, distributing, or circulating a material false statement or misrepresentation concerning the licensee's business or concerning real estate offered for sale, rent, or lease, or managed in the course of the licensee's business in this or any other state or concerning the management of an association in the course of a licensee's business in this or another state;
 (E) if a real estate broker, wilfully violates AS 08.88.171 (d) or 08.88.291;
 (F) if an associate real estate broker, claims to be a real estate broker, or, if a real estate salesperson, claims to be a real estate broker or associate real estate broker;
 (G) if a real estate broker, employs an unlicensed person to perform activities for which a real estate license is required;
 (H) if an employed real estate licensee of a real estate broker, fails immediately to turn money or other property collected in a real estate transaction over to the employing real estate broker;
 (4) prosecute, through the Department of Law, violations of the provisions of this chapter or lawful regulations adopted under this chapter;
 (5) release for publication in a newspaper of general circulation in the locale of the offending person's principal office registered with the commission notice of disciplinary action taken by the commission against a person licensed under this chapter;
 (6) issue a temporary permit to the personal representative of the estate of a deceased real estate broker or to another person designated by the commission with the approval of the personal representative of the estate in order to secure proper administration in concluding the affairs of the decedent broker's real estate business;
 (7) issue a temporary permit to the personal representative of a legally incompetent real estate broker or to another person designated by the commission with the approval of the personal representative of the broker in order to secure proper administration in temporarily managing the real estate business of the broker;
 (8) establish and periodically revise the form of the seller's property disclosure statement required by AS 34.70.010 ;
 (9) have the authority to levy civil fines as established in this chapter;
 (10) revoke the license of a broker or associate broker who is convicted of forgery, theft, extortion, conspiracy to defraud creditors, or a felony involving moral turpitude committed while licensed under this chapter; notwithstanding AS 08.88.171 , a person whose license is revoked under this paragraph is not qualified for a license under AS 08.88.171 (a) or (b) until seven years have elapsed since the person completed the sentence imposed for the conviction.
 (b) When an award is made from the real estate surety fund under this chapter, the commission may suspend the license of the real estate licensee whose actions formed the basis of the award. A suspension ordered under this subsection shall be lifted if the licensee reaches an agreement with the commission on terms and conditions for the repayment to the real estate surety fund of the money awarded to the claimant and the costs of hearing the claim under AS 08.88.465 . The suspension shall be reimposed if the licensee violates the terms of a repayment agreement entered into under this subsection.
 (c) For the purposes of (a)(3) of this section, the conduct of an employee is attributable to a real estate broker if the real estate broker has actual knowledge that the employee is going to engage in the conduct and agrees to the conduct, either actively or by remaining silent, or ratifies the conduct after it is engaged in.
 Sec. 08.88.080. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.081. - Commission regulations.
 The commission shall adopt regulations necessary to carry out the purposes of this chapter.
 Sec. 08.88.090. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.091. - Education of applicants and licensees.
 (a) The commission may conduct and assist in conducting real estate clinics, meetings, courses, or institutes. The commission may
 (1) assist libraries and educational institutions in sponsoring studies and programs; and
 (2) publish informational materials for the purpose of raising the standards of the real estate business and the competency of licensees.
 (b) An applicant for licensure under AS 08.88.171 (c) must complete 20 hours of education approved by the commission before the person may be licensed under that subsection.
 (c) An applicant for licensure under AS 08.88.171 (a) or (b) must complete 15 hours of education approved by the commission before the person may be licensed under either of those subsections.
 (d) A person who is licensed under this chapter must complete 20 hours of continuing education approved by the commission before the person's license may be renewed. The commission may not establish limits that prevent a person from satisfying this continuing education requirement within a two-day period.
 (e) Except for a course described in (f)(1) or (3) of this section, in order for an educational course to be recognized for credit under this section, the course outline and the instructor of the course must have been approved by the commission or the commission's designee before the course was conducted. A course outline or instructor is considered approved if the commission or the commission's designee does not disapprove the outline or instructor within 45 days after the date on which complete application was made for approval. Each approved contact hour of a submitted course outline constitutes one credit hour of continuing education. The fee for continuing education course certification under AS 08.88.221 shall be based on the hours approved for credit not hours submitted.
 (f) [Effective January 31, 1999]. The commission shall establish by regulation the educational and continuing educational requirements for licenses issued by the commission. The regulations for continuing education requirements must allow the following types of courses to qualify for the appropriate number of credit hours, as determined by the commission:
 (1) courses that are developed by national organizations, as identified for the purpose of this paragraph in the commission's regulations, that are delivered by nationally certified instructors and that are required in order to earn professional designations from a national organization in specialized areas of licensed real estate practice; notwithstanding other provisions of this chapter, the commission may not charge a fee for these courses;
 (2) technology courses directly related to real estate practice that are designed to enhance the skills and performance of a real estate licensee; and
 (3) courses offered by an accredited college or university as part of a real estate curriculum that are available for at least one quarter-hour or one-half semester-hour of academic credit; the commission may not charge a fee for these courses.
 (g) [Effective January 31, 1999]. The commission shall establish core curricula for continuing education in the following areas: real estate sales, property management, community association management, and commercial sales. A licensee shall complete at least one of the four core curricula during each biennial licensing period as part of the licensee's continuing education.
 Sec. 08.88.100. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.101. - Administrative duties of the commission. [Repealed, Sec. 9 ch 74 SLA 1987].
 Repealed or Renumbered
 Sec. 08.88.110. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.111. - Commission regulations. [Repealed, Sec. 55 ch 45 SLA 1998].
 Repealed or Renumbered
 Sec. 08.88.120. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.121. - Sale of register. [Repealed, Sec. 9 ch 74 SLA 1987].
 Repealed or Renumbered
 Sec. 08.88.130. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.131. - Applicability of the Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.88.140. - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Sec. 08.88.141. - Compensation.
 A commission member is entitled to transportation expenses and per diem allowances specified in AS 39.20.180 .
 Sec. 08.88.150. - 08.88.160 - [Repealed, Sec. 3 ch 95 SLA 1964].
 Repealed or Renumbered
 Chapter 08.92. - CONCERT PROMOTERS
 Sec. 08.92.010. - Registration required.
 A person may not engage in the business of promoting concerts in the state without a valid promoter's certificate of registration issued by the department. To remain valid, a certificate of registration must be renewed on a date set by the department.
 Sec. 08.92.020. - Fees.
 (a) An applicant for a promoter's certificate of registration shall pay an original registration fee established by regulations adopted under AS 08.01.065 .
 (b) The fee for the renewal of a registration certificate is also established by regulations adopted under AS 08.01.065 .
 Sec. 08.92.030. - Bond or cash deposit required.
 A promoter of concerts shall, at the time of applying for a certificate of registration, file with the department a surety bond or an equivalent cash deposit in the amount of $5,000. As an alternative to the bond or cash deposit, a promoter may deposit in a trust account in a bank, savings and loan association, or licensed escrow agent, 50 per cent of the advance ticket receipts accumulated for each concert promoted, and provide the department with the number and location of the trust or escrow account. The bond, cash deposit, or account shall be conditioned upon the promoter providing ticket refunds within 10 days after the scheduled date of a concert which is cancelled due to any cause. The state, on behalf of a ticket holder, or a ticket holder directly, may bring an action on the bond, cash deposit, or account.
 Sec. 08.92.035. - Refund caption required.
 Tickets for concerts subject to the provisions of this chapter shall be printed with the name and business address of the promoter and the following caption:
 "In the event of concert cancellation, refunds will be available at the above location between the hours of 9:00 a.m. and 5:00 p.m. for a period of 10 days after the scheduled date of the concert."
 Sec. 08.92.040. - Denial, revocation, and suspension of registration.
 (a) The department may refuse to issue, or may suspend or revoke, a certificate of registration for failure to comply with a provision of this chapter or of a regulation adopted under it. If a bonding company cancels the bond of a promoter, the promoter's certificate of registration shall be revoked. A promoter whose certificate has been revoked may again obtain registration by complying with the requirements of this chapter.
 (b) Proceedings under this chapter are governed by AS 44.62 (Administrative Procedure Act).
 (c) If the department determines that a person is acting as a promoter in violation of this chapter, the department may order the person to stop the violation. Upon receipt of the order, the person affected has the right to be heard and to present proof to the department that the violation has not occurred. In the department's discretion or upon application made by the recipient of the order, the department shall schedule a hearing at the earliest possible time. After the hearing the department may affirm, modify, or set aside the order.
 Sec. 08.92.050. - Injunction.
 The attorney general may institute an action in the superior court to enjoin a violation of this chapter.
 Sec. 08.92.060. - Violations.
 (a) A person who violates AS 08.92.010 is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both.
 (b) Retention of ticket receipts after the 10th day following the scheduled date of a concert that has been cancelled is presumed to be fraud against ticket purchasers. A promoter who fails to refund the purchase price of a ticket to a concert which has been cancelled and retains the ticket receipts after the 10th day following the scheduled concert that has been cancelled is guilty of
 (1) a misdemeanor, if ticket receipts retained are $1,000 or less, and upon conviction is punishable by a fine of not more than $5,000, or by imprisonment for not more than one year, or by both;
 (2) a felony, if ticket receipts retained are more than $1,000, and upon conviction is punishable by a fine of not more than $10,000, or by imprisonment for not more than five years, or by both.
 Sec. 08.92.070. - Exemption.
 The provisions of this chapter do not apply to concerts promoted, organized, or produced
 (1) by a nonprofit corporation, society or group that has qualified for nonprofit status under Sec. 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3));
 (2) by a promoter for presentation within a municipality having a population of less than 10,000 persons.
 Sec. 08.92.080. - Regulations.
 The department may adopt regulations in accordance with AS 44.62 (Administrative Procedure Act) as necessary to administer and enforce this chapter.
 Sec. 08.92.090. - Definitions.
 In this chapter,
 (1) "concert" means a live, staged musical performance, comedy act, or other specialty act featuring any number of performers for which a ticket is sold in advance for purposes of profit by a concert promoter; the term does not include dramatic performances;
 (2) "department" means the Department of Commerce and Economic Development;
 (3) "promoter" means a person who contracts for and arranges a concert for purposes of profit whether engaged full time or part time in the business of booking or hiring concerts.
 Chapter 08.95. - SOCIAL WORKERS
 Sec. 08.95.010. - Creation and membership of the board.
 (a) There is created the Board of Social Work Examiners composed of five members, as follows: one member licensed under this chapter as a baccalaureate social worker; one member licensed under this chapter as a master social worker; two members licensed under this chapter as clinical social workers; and one public member who has never been licensed under this chapter. At least one of the licensed members must be a person who is not an employee of a federal, state, or local government or of a private nonprofit organization that is exempt from federal income tax.
 (b) Members of the board shall elect a member of the board as chair. The chair serves for a term of one year.
 Sec. 08.95.020. - Board meetings.
 The board shall hold at least two meetings each year. The board may hold additional meetings at the call of the chair or of a majority of the board members.
 Sec. 08.95.030. - Duties.
 The board shall
 (1) issue licenses to qualified applicants;
 (2) adopt regulations
 (A) requiring that continuing education requirements be satisfied before a license is renewed;
 (B) establishing a code of professional ethics that a licensee must observe;
 (C) establishing standards of practice for social work performed by a licensee; and
 (D) establishing standards for supervisors and for supervision that is required for licensure under AS 08.95.110 (a);
 (3) adopt regulations necessary to carry out the duties and purpose of this chapter.
 Sec. 08.95.040. - Continuing education requirement.
 (a) The board shall adopt continuing education requirements for persons licensed under this chapter. Continuing education requirements that must be satisfied before the first biennial renewal of a person's license must include a minimum of 45 hours of education or training with a minimum of three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education that includes issues relating to Alaska Natives. After the first biennial renewal of a license, continuing education requirements for that person's license renewal must include three hours in professional ethics, six hours in substance abuse, and six hours in cross-cultural education, three hours of which must include issues relating to Alaska Natives.
 (b) The board shall appoint three persons licensed under this chapter to serve as a continuing education committee. The committee shall advise the board on matters related to continuing education for clinical social workers. One person appointed to the committee must be familiar with social problems in the rural areas of the state.
 Sec. 08.95.050. - Disciplinary sanctions.
 The board may impose a disciplinary sanction under AS 08.01.075 if it finds that a licensee
 (1) secured a license through deceit, fraud, or intentional misrepresentation;
 (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or in the course of professional activities;
 (3) advertised professional services in a false or misleading manner;
 (4) violated this chapter, a regulation adopted under this chapter, or an order issued by the board;
 (5) is the subject of a disciplinary sanction or other adverse licensing action in another jurisdiction relating to a social work license;
 (6) failed to report to the board that the licensee is or was the subject of a disciplinary proceeding or other adverse licensing action in another jurisdiction relating to a social work license;
 (7) has been convicted of a felony or has been convicted of a misdemeanor that reflects on the licensee's ability to practice competently and professionally;
 (8) intentionally or negligently engaged in, or permitted persons under the licensee's supervision to engage in, client care that did not conform to minimum professional standards or to the standards of practice adopted by the board regardless of whether actual injury to the client occurred;
 (9) continued to practice after becoming unfit due to
 (A) professional incompetence;
 (B) failure to keep informed of current professional practices;
 (C) addiction to or severe dependency on alcohol or other drugs that impairs the ability to practice safely; or
 (D) physical or mental disability;
 (10) engaged in lewd, immoral, or unethical conduct in connection with the delivery of professional services to clients; or
 (11) while licensed to practice clinical social work, engaged in sexual contact with a person during the time period that the person was a client or within two years after termination of the licensee's professional relationship with the client.
 Sec. 08.95.100. - License required.
 (a) A person who practices clinical social work without obtaining a license issued by the board and without qualifying for an exemption from this chapter is guilty of a class B misdemeanor.
 (b) A person who is not licensed as a clinical social worker, or whose license is suspended or revoked, or whose license has lapsed, who uses in connection with the person's name the words or letters "L.C.S.W.," "Licensed Clinical Social Worker," or other letters, words, or insignia indicating or implying that the person is a licensed clinical social worker, or who in any way, orally, or in writing, directly or by implication, holds out as a licensed clinical social worker is guilty of a class B misdemeanor.
 (c) A person not licensed under this chapter may use the title of "social worker."
 Sec. 08.95.110. - License requirements.
 (a) The board shall issue a license to practice clinical social work to a person who
 (1) has received a master's degree or a doctoral degree in social work from a college or university approved by the board;
 (2) has completed, within the 10 years before application for licensure and under the supervision of a licensed clinical social worker, licensed psychologist, or licensed psychiatrist either
 (A) a minimum of two years of continuous full-time employment in postgraduate clinical social work; or
 (B) a minimum of 3,000 hours of less than full-time employment in a period of not less than two years in postgraduate clinical social work;
 (3) is of good moral character;
 (4) is in good professional standing and is fit to practice social work as determined by the board;
 (5) has provided three professional references that are acceptable to the board, including, if the applicant
 (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and
 (B) is currently employed to practice social work, a reference from the applicant's current employer;
 (6) has satisfactorily completed the examination given by the board for clinical social worker licensing; and
 (7) has paid required fees.
 (b) The board shall issue a license authorizing use of the title "master social worker" to a person who
 (1) satisfies the requirements of (a)(1), (3) - (5), and (7) of this section; and
 (2) has satisfactorily completed the examination given by the board for master social worker licensing.
 (c) The board shall issue a license authorizing use of the title "baccalaureate social worker" to a person who
 (1) satisfies the requirements of (a)(3) - (5) and (7) of this section;
 (2) has received a bachelor's degree in social work from a college or university approved by the board; and
 (3) has satisfactorily completed the examination given by the board for baccalaureate social worker licensing.
 Sec. 08.95.120. - Licensing by credentials.
 (a) The board shall issue a license to practice clinical social work if the applicant
 (1) holds a current license to practice clinical social work in another jurisdiction that, at the time of original issuance of the license, had requirements for licensure equal to or more stringent than those of this state;
 (2) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority or a professional social work association;
 (3) has provided three professional references that are acceptable to the board, including, if the applicant
 (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and
 (B) is currently employed to practice social work, a reference from the applicant's current employer;
 (4) has not had a license to practice clinical social work revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction;
 (5) has submitted proof of continued competency satisfactory to the board; and
 (6) has paid required fees.
 (b) The board shall issue a license to use the title "master social worker" or "baccalaureate social worker," as applicable, to an applicant who
 (1) holds a current similar license from another jurisdiction that, at the time of original issuance of the license, had requirements for the license that were equal to or more stringent than those of this state;
 (2) is not the subject of an unresolved complaint or disciplinary action before a regulatory authority or a professional social work association;
 (3) has provided three professional references that are acceptable to the board, including, if the applicant
 (A) was previously employed to practice social work, one reference from a person who was the applicant's employer while practicing social work unless the applicant demonstrates to the satisfaction of the board that the applicant is unable to satisfy the requirement of this subparagraph through no fault of the applicant; and
 (B) is currently employed to practice social work, a reference from the applicant's current employer;
 (4) has not had a license to practice social work or to use the title "social worker" revoked, suspended, or surrendered in lieu of disciplinary action in this state or another jurisdiction;
 (5) has submitted proof of continued competency satisfactory to the board; and
 (6) has paid required fees.
 Sec. 08.95.130. - Display of license.
 A person licensed under this chapter shall display the license in a conspicuous place where the licensee practices.
 Sec. 08.95.900. - Confidentiality of communication.
 (a) A licensed social worker, and the social worker's employees or other persons who have access to the social worker's records, may not reveal to another person a communication made to the licensee by a client about a matter concerning which the client has employed the licensee in a professional capacity. This section does not apply to
 (1) a case conference with other licensed social workers or with other licensed practitioners of the healing arts;
 (2) the release of information which the client in writing authorized the licensee to reveal;
 (3) information released to the board as part of a disciplinary or other proceeding by the board;
 (4) information revealed as part of the discovery of evidence related to a court proceeding or introduced in evidence in a court proceeding;
 (5) communications relevant to the physical, mental, or emotional condition of the client in a proceeding in which the condition of the client is an element of the claim or defense of the client, of a party claiming through or under the client, or of a person raising the client's condition as an element of the person's own case, or of a person claiming as a beneficiary of the client through a contract to which the client is or was a party; or, after the client's death, in a proceeding in which a party puts the condition of the client in issue;
 (6) a communication to a potential victim or to law enforcement officers where a threat of imminent serious physical harm to an identified victim has been made by a client; or
 (7) a communication that indicates that another licensed practitioner of the healing arts has committed an act of unprofessional or unlawful conduct in the provision of health or mental health services if the communication is disclosed by the social worker only to the licensing board with jurisdiction over the type of person who allegedly committed the unprofessional or unlawful conduct and the disclosure is made in good faith.
 (b) Notwithstanding (a) of this section, a licensed social worker shall report incidents of child abuse or neglect as required by AS 47.17.020 and incidents of harm to vulnerable adults as required by AS 47.24.010.
 (c) Information obtained by the board under (a)(3) and (7) of this section is confidential and is not a public record for the purposes of AS 09.25.110 - 09.25.140.
 Sec. 08.95.905. - Immunity relating to certain reports.
 A person licensed under this chapter who, in good faith and without malice, discloses to the appropriate licensing board that another licensed practitioner of the healing arts has allegedly committed an act of unprofessional or unlawful conduct in the provision of health or mental health services is immune from civil liability arising out of the disclosure.
 Sec. 08.95.910. - Exemptions.
 This chapter does not apply to a person who
 (1) practices clinical social work as an employee of a federal, state, or local government or of a private nonprofit organization that is exempt from federal income tax; or
 (2) is a qualified member of a recognized profession, other than clinical social work, and does not represent to the public by title or description of service as practicing clinical social work.
 Sec. 08.95.911. - Exemption. [Effective January 1, 2000]..
 (a) Notwithstanding AS 08.95.100 (b)(1), a person who, on June 30, 2000, was employed or providing services under the title "social worker" may, without obtaining a license under this chapter, continue to use the title "social worker" while the person is employed by the same employer or, if self-employed, while providing the same scope of services, as on June 30, 2000.
 (b) The exemption under (a) of this section does not authorize use of the title "social worker" outside the context of the person's employment or self-employment, as applicable.
 (c) For purposes of this section, a person who is employed by
 (1) the federal government is not considered to have changed employers if the person begins employment with a different agency of the federal government;
 (2) the state is not considered to have changed employers if the person begins employment with a different agency of the state;
 (3) a municipality is not considered to have changed employers if the person begins employment with a different agency of the municipality.
 Sec. 08.95.920. - Unified occupation.
 For purposes of AS 08.01.065 , all persons licensed under this chapter are considered to be engaged in the same occupation.
 Sec. 08.95.990. - Definitions.
 In this chapter,
 (1) "board" means the Board of Social Work Examiners;
 (2) "clinical social work" means the diagnosis of psychiatric disorders and the use of techniques of applied psychotherapy of a nonmedical nature while practicing social work;
 (3) "clinical social worker" means a person who practices clinical social work;
 (4) "department" means the Department of Commerce and Economic Development;
 (5) "practitioner of the healing arts" has the meaning given in AS 47.17.290.
 (6) " social work" means a service in which a special knowledge of social resources, human capabilities, and the part that unconscious motivation plays in determining behavior is directed, through the application of social work principles and methods, at helping individuals to achieve more adequate, satisfying, and productive social adjustments;
 (7) "social work principles and methods" include counseling of a nonmedical nature to assist in the treatment of mental and emotional conditions of individuals, families, and groups; providing information and referral services; providing or arranging for the provision of social services; explaining and interpreting the psychosocial aspects in the situations of individuals, families, or groups; helping communities to organize, provide, or improve social and health services; and doing research related to social work.
 Chapter 08.98. - VETERINARIANS
 Sec. 08.98.010. - Creation and membership of the board.
 There is created the Board of Veterinary Examiners composed of five members appointed by the governor and approved by the legislature. Four members shall be licensed veterinarians who have been in active practice in the state for at least five years preceding appointment and one shall be a public member. A person may not serve on the board who is, or was during the two years immediately preceding appointment, a member of a faculty, board of trustees, or advisory board of a veterinary school.
 Sec. 08.98.020. - Term of office. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.035 ].
 Repealed or Renumbered
 Sec. 08.98.025. - Removal of board members. [Repealed, Sec. 49 ch 94 SLA 1987. For current law, see AS 08.01.020 ].
 Repealed or Renumbered
 Sec. 08.98.030. - Executive secretary of board. [Repealed, Sec. 16 ch 130 SLA 1980].
 Repealed or Renumbered
 Sec. 08.98.040. - Board meetings.
 The board shall hold at least three meetings each year. The board may hold special meetings at the call of the chairman or of a majority of the members. A majority of board members constitutes a quorum and a majority vote of those present is the decision of the board.
 Sec. 08.98.050. - Powers and duties of the board.
 (a) The board shall
 (1) establish examination requirements for eligible applicants for licensure to practice veterinary medicine;
 (2) examine, or cause to be examined, eligible applicants for licensure or registration;
 (3) approve the issuance of licenses to qualified applicants;
 (4) establish standards for the practice of veterinary medicine by regulation;
 (5) conduct disciplinary proceedings in accordance with this chapter;
 (6) adopt regulations requiring proof of continued competency before a license is renewed;
 (7) as requested by the department, monitor the standards and availability of veterinary services provided in the state and report its findings to the department;
 (8) collect, or cause to be collected, data concerning the practice of veterinary technology by veterinary technicians in the state and submit the data to the department for maintenance;
 (9) establish, by regulation, educational and training requirements for the delegation of duties by veterinarians licensed under this chapter to veterinary technicians.
 (b) The board may
 (1) establish examination and registration requirements for veterinary technicians;
 (2) adopt regulations or do any act necessary to carry out its duties under this chapter.
 Sec. 08.98.060. - Board regulations. [Repealed, Sec. 16 ch 130 SLA 1980. For current law, see AS 08.98.050 ].
 Repealed or Renumbered
 Sec. 08.98.070. - Duties of the department.
 The department shall furnish the board with administrative services, including renting space for holding examinations, printing and mailing licenses, sending notices, before December 1 of each year, that licenses must be renewed, collecting fees and issuing receipts, keeping a current register of licensees, employing secretarial assistants, replying to routine requests for information, printing forms and informational bulletins, typing all matter to be reproduced, maintaining records and completed examinations, and keeping records of receipts and disbursements.
 Sec. 08.98.080. - Department regulations.
 The department shall adopt procedural regulations necessary to carry out the duties imposed on it by AS 08.98.070 .
 Sec. 08.98.090. - Applicability of the Administrative Procedure Act.
 AS 44.62 (Administrative Procedure Act) applies to regulations and proceedings under this chapter.
 Sec. 08.98.100. - Compensation.
 Members of the board are entitled to per diem allowances and transportation expenses allowed by law and paid members of other state examining boards.
 Sec. 08.98.120. - License required; prohibitions; penalty.
 (a) A person may not practice veterinary medicine, surgery, or dentistry unless the person is licensed as a veterinarian under this chapter or has a temporary permit issued under AS 08.98.186 , except that a person may perform functions authorized by regulation of the board if the person is licensed as a veterinary technician.
 (b) A person may not
 (1) present or attempt to use a license or permit that was issued under this chapter to another person, either directly or by impersonation;
 (2) secure or attempt to secure a license or permit under this chapter through deceit, fraud, or intentional misrepresentation;
 (3) use or attempt to use an expired or revoked license or permit knowing of the license's or permit's status; or
 (4) falsely claim to be licensed or to hold a permit under this chapter.
 (c) Violation of this section is a misdemeanor punishable by a fine of not more than $10,000 or by imprisonment for not more than one year, or by both.
 Sec. 08.98.130. - Examination. [Repealed, Sec. 16 ch 130 SLA 1980].
 Repealed or Renumbered
 Sec. 08.98.140. - Content of examination.
 (a) The examination shall be in subjects related to the practice of veterinary medicine, surgery, and dentistry and shall include
 (1) the veterinary examination prepared by the National Board Examination Committee or other national veterinary examination determined to be acceptable by the board; and
 (2) a standardized written examination testing practical skills.
 (b) The board may demand a practical demonstration of skills.
 Sec. 08.98.150. - Administration of examination.
 The board shall offer examinations at least once a year. Examinations shall be so administered that, whenever possible, one who grades a written examination does not know the identity of the examinee whose test is being graded.
 Sec. 08.98.160. - Reexamination.
 A person who fails an examination may apply for a subsequent examination, but shall pay the examination fee each time the person applies.
 Sec. 08.98.165. - Qualification for license.
 (a) An applicant is qualified to receive a license as a veterinarian who
 (1) is a graduate of an accredited veterinary school or who has passed the examination of the National Board Examination Committee's Education Commission for Foreign Veterinary Graduates;
 (2) has passed an examination for veterinarians prepared by the National Board Examination Committee or an equivalent examination as determined by the board, or qualifies for an exemption under (b) of this section;
 (3) has passed the written examination of the state;
 (4) has passed a practical examination of skills if required by the board; and
 (5) has no disciplinary proceeding, unresolved complaint, or professional association review proceeding pending at the time a license is to be issued, and has not had a veterinarian license revoked for cause in another jurisdiction.
 (b) An applicant is exempted from taking the examination required under (a)(2) of this section if the applicant furnishes proof acceptable to the board that the applicant has passed the examination prepared by the National Board of Veterinary Medical Examiners, the veterinary examination prepared by the National Board Examination Committee, or an equivalent examination within the five years before application, or has been in active practice of veterinary medicine for five of the seven years before application in another state, territory, or country with licensing requirements substantially similar to or higher than those of this state which were in effect at the time the applicant obtained a license in the other jurisdiction.
 Sec. 08.98.167. - Qualification for technician license.
 The board shall adopt regulations under which a person may qualify to be licensed as a veterinary technician.
 Sec. 08.98.170. - Qualification for examination. [Repealed, Sec. 16 ch 130 SLA 1980. For current law, see AS 08.98.165 ].
 Repealed or Renumbered
 Sec. 08.98.180. - Temporary license.
 A person who meets the requirements of AS 08.98.165 (a)(1) and (5) is entitled to be temporarily licensed after applying for examination, if the person works under the supervision of a licensed veterinarian. A license issued under this section is valid until the results of the examinations are published. A person may not receive more than one temporary license. An application for a temporary license must be signed by the supervising veterinarian and accompanied by the temporary license fee required under AS 08.98.190 .
 Sec. 08.98.184. - Licensure by credentials.
 The board shall approve the issuance of a license to an applicant who holds a valid license to practice veterinary medicine in another state, territory, or country with licensing requirements substantially similar to or higher than those of this state which were in effect at the time the applicant obtained a license in the other jurisdiction if the applicant
 (1) has graduated from an accredited school of veterinary medicine or has successfully passed the examination of the National Board Examination Committee's Education Commission for Foreign Veterinary Graduates;
 (2) has been engaged in the active practice of veterinary medicine for at least five of the seven years before filing the application;
 (3) has not failed the state written or practical examination;
 (4) has no disciplinary proceeding, unresolved complaints, or professional association review proceedings pending at the time a license is to be issued, and has not had a veterinarian license revoked for cause in another jurisdiction; and
 (5) has paid required fees.
 Sec. 08.98.186. - Temporary permit.
 A person licensed to practice veterinary medicine in another state who meets the requirements of AS 08.98.165 (a)(1) and (5) may be granted a temporary permit to conduct the practice of a person licensed in the state who is absent from practice. An application shall be signed by the person who is or will be absent from practice and by the applicant. A temporary permit is valid for no longer than 60 days after issuance but may be renewed.
 Sec. 08.98.190. - Fees.
 The department shall set fees under AS 08.01.065 for the following:
 (1) application;
 (2) examination;
 (3) investigation of credentials;
 (4) license;
 (5) license renewal;
 (6) temporary license;
 (7) temporary permit.
 Sec. 08.98.200. - Reinstatement of lapsed license.
 A person whose license has lapsed is entitled to have the license reinstated without taking an examination unless the license has remained lapsed more than five years.
 Sec. 08.98.210. - Out-of-state veterinarian. [Repealed, Sec. 16 ch 130 SLA 1980. For current law, see AS 08.98.184 and 08.98.186].
 Repealed or Renumbered
 Chapter 08.99. - BOARD OF WELDING EXAMINERS
 Sec. 08.99.010. - 08.99.100 - Board of Welding Examiners. [Repealed, Sec. 35 ch 6 SLA 1984].
 Repealed or Renumbered
 Sec. 08.99.110. - [Renumbered as AS 18.60.850 ].
 Repealed or Renumbered
 Sec. 08.99.120. - Penalty. [Repealed, Sec. 35 ch 6 SLA 1984].
 Repealed or Renumbered
 Title 09 - CODE OF CIVIL PROCEDURE
 Chapter 09.05. - JURISDICTION
 Sec. 09.05.010. - Jurisdiction of action.
 From the time of the service of a copy of the summons and complaint, or of the completion of the publication when service by publication is ordered, the court acquires jurisdiction and has control of all the subsequent proceedings. The voluntary appearance of the defendant is equivalent to personal service of a copy of the summons and complaint upon the defendant.
 Sec. 09.05.015. - Personal jurisdiction.
 (a) A court of this state having jurisdiction over the subject matter has jurisdiction over a person served in an action according to the rules of civil procedure
 (1) in an action, whether arising in or out of this state, against a defendant who, when the action is commenced,
 (A) is a natural person present in this state when served;
 (B) is a natural person domiciled in this state;
 (C) is a domestic corporation; or
 (D) is engaged in substantial and not isolated activities in this state, whether the activities are wholly interstate, intrastate, or otherwise;
 (2) in an action that may be brought under statutes of this state that specifically confer grounds for personal jurisdiction over the defendant;
 (3) in an action claiming injury to person or property in or out of this state arising out of an act or omission in this state by the defendant;
 (4) in an action claiming injury to person or property in this state arising out of an act or omission out of this state by the defendant, provided, in addition, that at the time of the injury either
 (A) solicitation or service activities were carried on in this state by or on behalf of the defendant; or
 (B) products, materials, or things processed, serviced, or manufactured by the defendant were used or consumed in this state in the ordinary course of trade;
 (5) in an action that
 (A) arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to perform services in this state or to pay for services to be performed in this state by the plaintiff;
 (B) arises out of services actually performed for the plaintiff by the defendant in this state, or services actually performed for the defendant by the plaintiff in this state if the performance in this state was authorized or ratified by the defendant;
 (C) arises out of a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to deliver or receive in this state or to ship from this state goods, documents of title, or other things of value;
 (D) relates to goods, documents of title, or other things of value shipped from this state by the plaintiff to the defendant on the order or direction of the defendant; or
 (E) relates to goods, documents of title, or other things of value actually received by the plaintiff in this state from the defendant without regard to where delivery to the carrier occurred;
 (6) in an action that arises out of
 (A) a promise, made anywhere to the plaintiff or to some third party for the plaintiff's benefit, by the defendant to create in either party an interest in, or to protect, acquire, dispose of, use, rent, own, control, or possess by either party real property situated in this state;
 (B) a claim to recover a benefit derived by the defendant through the use, ownership, control, or possession by the defendant of tangible property situated in this state either at the time of the first use, ownership, control, or possession or at the time the action is commenced; or
 (C) a claim that the defendant return, restore, or account to the plaintiff for an asset or thing of value that was in this state at the time the defendant acquired possession or control over it;
 (7) in an action to recover a deficiency judgment upon a mortgage note or conditional sales contract or other security agreement executed by the defendant or a predecessor of the defendant to whose obligations the defendant has succeeded and the deficiency is claimed
 (A) in an action in this state to foreclose upon real property situated in this state;
 (B) following sale of real property in this state by the plaintiff; or
 (C) following resale of tangible property in this state by the plaintiff;
 (8) in an action against a defendant who is or was an officer or director of a domestic corporation where the action arises out of the defendant's conduct as such officer or director or out of the activities of the corporation while the defendant held office as a director or officer;
 (9) in an action for the collection of taxes or assessments levied, assessed, or otherwise imposed by a taxing authority after April 10, 1968;
 (10) in an action that arises out of a promise made to the plaintiff or some third party by the defendant to insure upon or against the happening of an event if
 (A) the person insured was a resident of this state when the event out of which the cause of action is claimed to arise occurred;
 (B) the event out of which the cause of action is claimed to arise occurred in this state; or
 (C) the promise to insure was made in the state;
 (11) in an action against a personal representative to enforce a claim against the deceased person represented if one or more of the grounds stated in (2) - (10) of this subsection would have furnished a basis for jurisdiction over the deceased if living, and it is immaterial under this paragraph whether the action was commenced during the lifetime of the deceased;
 (12) in an action for annulment, divorce, or separate maintenance when a personal claim is asserted against the nonresident party, if
 (A) the parties resided in this state in a marital relationship for not less than six consecutive months within the six years preceding the commencement of the action;
 (B) the party asserting the personal claim has continued to reside in this state; and
 (C) the nonresident party receives notice as required by law.
 (b) In an action brought in reliance upon jurisdictional grounds stated in (a)(2) - (10) of this section, there cannot be joined in the same action any other claim or cause against the defendant unless grounds exist under this section for personal jurisdiction over the defendant as to the claim or cause to be joined.
 (c) The jurisdictional grounds stated in (a)(2) - (10) of this section are cumulative and in addition to any other grounds provided by the common law.
 Sec. 09.05.020. - Service of process on nonresident owner or operator of motor vehicle.
 (a) The operation of a motor vehicle by a nonresident, or owned by a nonresident and operated by the express or implied consent of the owner, in the state is considered equivalent to an appointment of the commissioner of administration by the nonresident as the nonresident's attorney. The summons may be served on the commissioner in an action against the nonresident growing out of an accident or collision in which the vehicle is involved while being so operated. This operation is considered a signification of the nonresident's agreement that a summons against the nonresident which is so served has the same legal force as if served on the nonresident personally in the state.
 (b) Service of the summons is made by leaving a copy of it with the commissioner of administration or the designee of the commissioner. The commissioner or a designee shall keep a record of each such process and the day and hour of service. This service is sufficient service on the nonresident.
 (c) The plaintiff or the plaintiff's attorney shall send a notice of the service and a copy of the summons to the defendant by registered mail within 10 days after the date of service.
 (d) The plaintiff or the plaintiff's attorney shall make an affidavit showing that service of the notice and summons on the defendant has been made by registered mail as provided in (c) of this section. The affiant shall attach to the affidavit a copy of the summons and notice so served and the registry receipt of the defendant. The affiant shall file the affidavit and attached papers with the court having jurisdiction of the cause.
 (e) The court in which the action is pending may order an extension of time necessary to give the defendant reasonable opportunity to defend the action.
 Sec. 09.05.030. - Service on personal representative of deceased nonresident; substitution of personal representative.
 (a) The death of a nonresident does not revoke the appointment of the commissioner of administration by the nonresident as attorney under AS 09.05.020. If the nonresident dies, an action growing out of the accident or collision may be begun or prosecuted against an executor or administrator duly appointed by the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death. Service of the summons shall be made on the commissioner of administration. Notice of the service and the copy of the process shall be given to the nonresident's executor or administrator in like manner, with the same force as service on a living nonresident.
 (b) An action or proceeding pending in a state court, in which the court has obtained jurisdiction of a nonresident under AS 09.05.020 , does not abate by reason of the nonresident's death. The nonresident's executor or administrator duly appointed in the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death, shall, on the application of the plaintiff, be brought in and substituted in the place of the nonresident, and the action or proceeding shall continue.
 Sec. 09.05.040. - Service of process on resident who leaves state after accident.
 A resident who has operated a motor vehicle, or has owned a motor vehicle operated with the express or implied consent of the owner that has been involved in an accident or collision on a public highway, and who has moved to another state after the accident or collision shall be treated as a nonresident for service of process as provided under AS 09.05.020 and 09.05.030.
 Sec. 09.05.050. - Service of process on state prisoners.
 (a) In a civil action to which a person committed to the custody of the commissioner of corrections is a party or witness, service of process shall be made by delivering a copy of the summons and the complaint or pleadings, together with a form for affidavit of proof of service, to the shift supervisor of the correctional facility in which the person is housed. The shift supervisor shall
 (1) immediately hand deliver the summons and complaint or pleadings to the person whose name appears on the summons; and
 (2) promptly complete the affidavit of proof of service on the form provided and return it to the party requesting service of process.
 (b) A party requesting service of process under this section may locate a person committed to the custody of the commissioner of corrections by contacting the chief classification officer of the Department of Corrections during that officer's regular hours of work.
 Chapter 09.10. - LIMITATIONS OF ACTIONS
 Sec. 09.10.010. - General limitations on civil actions.
 A person may not commence a civil action except within the periods prescribed in this chapter after the cause of action has accrued, except when, in special cases, a different limitation is prescribed by statute.
 Sec. 09.10.020. - When action commenced. [Repealed, Sec. 1 ch 27 SLA 1966. For present law, see Civ. R. 3].
 Repealed or Renumbered
 Sec. 09.10.030. - Actions to recover real property in 10 years.
 A person may not bring an action for the recovery of real property, or for the recovery of the possession of it unless the action is commenced within 10 years. An action may not be maintained for the recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor of the plaintiff was seized or possessed of the premises in question within 10 years before the commencement of the action.
 Sec. 09.10.040. - Action upon judgment or sealed instrument in 10 years.
 (a) A person may not bring an action upon a judgment or decree of a court of the United States, or of a state or territory within the United States, and an action may not be brought upon a sealed instrument, unless the action is commenced within 10 years.
 (b) [Repealed, Sec. 54 ch 132 SLA 1998].
 Sec. 09.10.050. - Certain property actions to be brought in six years.
 Unless the action is commenced within six years, a person may not bring an action for waste or trespass upon real property.
 Sec. 09.10.053. - Contract actions to be brought in three years.
 Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.040 , or as otherwise provided by law, or, except if the provisions of this section are waived by contract.
 Sec. 09.10.055. - Statute of repose of 10 years.
 (a) Notwithstanding the disability of minority described under AS 09.10.140(a), a person may not bring an action for personal injury, death, or property damage unless commenced within 10 years of the earlier of the date of
 (1) substantial completion of the construction alleged to have caused the personal injury, death, or property damage; however, the limitation of this paragraph does not apply to a claim resulting from an intentional or reckless disregard of specific project design plans and specifications or building codes; in this paragraph, "substantial completion" means the date when construction is sufficiently completed to allow the owner or a person authorized by the owner to occupy the improvement or to use the improvement in the manner for which it was intended; or
 (2) the last act alleged to have caused the personal injury, death, or property damage.
 (b) This section does not apply if
 (1) the personal injury, death, or property damage resulted from
 (A) prolonged exposure to hazardous waste;
 (B) an intentional act or gross negligence;
 (C) fraud or misrepresentation;
 (D) breach of an express warranty or guarantee;
 (E) a defective product; in this subparagraph, "product" means an object that has intrinsic value, is capable of delivery as an assembled whole or as a component part, and is introduced into trade or commerce; or
 (F) breach of trust or fiduciary duty;
 (2) the facts that would give notice of a potential cause of action are intentionally concealed;
 (3) a shorter period of time for bringing the action is imposed under another provision of law;
 (4) the provisions of this section are waived by contract; or
 (5) the facts that would constitute accrual of a cause of action of a minor are not discoverable in the exercise of reasonable care by the minor's parent or guardian.
 (c) The limitation imposed under (a) of this section is tolled during any period in which there exists the undiscovered presence of a foreign body that has no therapeutic or diagnostic purpose or effect in the body of the injured person and the action is based on the presence of the foreign body.
 Sec. 09.10.060. - Actions for certain statutory penalties or for sexual abuse to be brought in three years.
 (a) [Repealed, Sec. 2 ch 70 SLA 1996].
 (b) A person may not bring an action upon a statute for penalty or forfeiture where the action is given to the party aggrieved or to that party and the state unless the action is brought within three years, except where the statute imposing it prescribes a different limitation.
 (c) A person who was the victim of sexual abuse may not maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an injury or condition suffered as a result of the sexual abuse unless the action is commenced within three years. In this subsection, "sexual abuse" means an act committed by the defendant against the plaintiff maintaining the cause of action if the defendant's conduct would have violated a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458 at the time it was committed.
 Sec. 09.10.070. - Actions for torts for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years.
 (a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.
 (b) A person may not bring an action against a peace officer or coroner upon a liability incurred by the doing of an act in an official capacity or by the omission of an official duty, including the nonpayment of money collected upon an execution, unless brought within two years. This subsection does not apply to an action for an escape.
 Sec. 09.10.080. - Actions related to escape to be brought in one year.
 A person may not bring an action against a peace officer for the escape of a person arrested or imprisoned on civil process unless the action is commenced within one year.
 Sec. 09.10.090. - Actions for penalty.
 A person may not bring an action upon a statute for the penalty given in whole or in part to the person who will prosecute for the same unless the action is commenced within one year after the commission of the offense. If the action is not commenced within one year by a private party, it may be commenced on behalf of the state within two years after the period of limitation by a private party has expired.
 Sec. 09.10.100. - Other actions in 10 years.
 An action for a cause not otherwise provided for may be commenced within 10 years after the cause of action has accrued.
 Sec. 09.10.110. - Accrual of cause of action upon mutual, open, and current account.
 In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action accrues from the date of the last item proved in the account on either side. But when a period of more than one year elapses between any of a series of items or demands, they are not included as part of the account.
 Sec. 09.10.120. - Actions in name of state, political subdivisions, or public corporations.
 (a) An action brought in the name of or for the benefit of the state, any political subdivision, or public corporation may be commenced only within six years of the date of accrual of the cause of action. However, if the action is for relief on the ground of fraud, the limitation commences from the time of discovery by the aggrieved party of the facts constituting the fraud.
 (b) Notwithstanding (a) of this section or another provision of law, the state may bring an action in the name of or for the benefit of the state to (1) quiet or confirm the state's interests in real property, or (2) protect resources held in trust for the public, at any time.
 Sec. 09.10.130. - Effect of absence from state or concealment.
 When the cause of action accrues against a person who is out of the state or concealed in the state, the action may be commenced within the periods provided in this chapter after that person returns to the state or when the concealment ceases. If a person departs from the state or conceals one's person after the cause of action accrues, the time of absence or concealment is not part of the time limited for the commencement of the action.
 Sec. 09.10.140. - Disabilities of minority and incompetency.
 (a) Except as provided under (c) of this section, if a person entitled to bring an action mentioned in this chapter is at the time the cause of action accrues either (1) under the age of majority, or (2) incompetent by reason of mental illness or mental disability, the time of a disability identified in (1) or (2) of this subsection is not a part of the time limit for the commencement of the action. Except as provided in (b) of this section, the period within which the action may be brought is not extended in any case longer than two years after the disability ceases.
 (b) An action based on a claim of sexual abuse under AS 09.55.650 may be brought more than three years after the plaintiff reaches the age of majority if it is brought under the following circumstances:
 (1) if the claim asserts that the defendant committed one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered that the act caused the injury or condition;
 (2) if the claim asserts that the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff shall commence the action within three years after the plaintiff discovered or through use of reasonable diligence should have discovered the effect of the injury or condition attributable to the series of acts; a claim based on an assertion of more than one act of sexual abuse is not limited to plaintiff's first discovery of the relationship between any one of those acts and the injury or condition, but may be based on plaintiff's discovery of the effect of the series of acts.
 (c) In an action for personal injury of a person who was under the age of eight years at the time of the injury, the time period before the person's eighth birthday is not a part of the time limit imposed under AS 09.10.070 (a) for commencing the civil action.
 Sec. 09.10.150. - Death of a party before expiration of limitation period. [Repealed, Sec. 5 ch 78 SLA 1972].
 Repealed or Renumbered
 Sec. 09.10.160. - Disability of alien during war.
 When a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action.
 Sec. 09.10.170. - Commencement stayed by injunction or statute.
 When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition is not a part of the time limited for the commencement of the action.
 Sec. 09.10.180. - Time at which disability exists.
 A person may not claim the benefit of a disability unless it existed when the right of action accrued or began before the time for commencing the action expired.
 Sec. 09.10.190. - Coexisting disabilities.
 When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they all are removed.
 Sec. 09.10.200. - Acknowledgment or promise.
 No acknowledgment or promise is sufficient evidence of a new or continuing contract to take the case out of the operation of this chapter unless the acknowledgment or promise is contained in writing, signed by the party to be charged, and, as to instruments affecting real estate, acknowledged and recorded in the office of the recorder of the district where the original contract was filed or recorded. This section does not alter the effect of any payment of principal or interest.
 Sec. 09.10.210. - Past due payments.
 When a past due payment of principal or interest is made upon any evidence of indebtedness, the running of the time within which an action may be commenced starts from the time the last payment is made.
 Sec. 09.10.220. - Action arising in other jurisdictions between nonresidents.
 When a cause of action has arisen in another state or in a territory or foreign country between nonresidents of this state, and by the laws of the state, territory, or country where the cause of action arose that action cannot be maintained because of a lapse of time, the action may not be maintained in this state.
 Sec. 09.10.230. - Certain actions relating to real property.
 A person may not bring an action for the determination of a right or claim to or interest in real property unless commenced within the limitations provided for actions for the recovery of the possession of real property. However, a person may not bring an action to set aside, cancel, annul, or otherwise affect a patent to land issued by this state or the United States, or to compel a person claiming or holding under a patent to convey the land described in the patent or a portion of the land to the plaintiff in the action, or to hold the land in trust for or to the use and benefit of the plaintiff, or on account of any matter, thing, or transaction which was had, done, suffered, or transpired before the date of the patent unless the action is commenced within 10 years from the date of the patent. In an action upon a new promise, fraud, or mistake, the running of the time within which an action may be commenced starts from the making of the new promise or the discovery of the fraud or mistake. This section does not bar an equitable owner in possession of real property from defending possession by means of the equitable title. The right of an equitable owner to defend possession in an action or by complaint for injunction is not barred by lapse of time while an action for the possession of the real property is not barred by the provisions of this chapter.
 Sec. 09.10.240. - Commencement of action after dismissal or reversal.
 If an action is commenced within the time prescribed and is dismissed upon the trial or upon appeal after the time limited for bringing a new action, the plaintiff or, if the plaintiff dies and the cause of action in favor of the plaintiff survives, the heirs or representatives may commence a new action upon the cause of action within one year after the dismissal or reversal on appeal. All defenses available against the action, if brought within the time limited, are available against the action when brought under this provision.
 Chapter 09.15. - PARTIES
 Sec. 09.15.010. - Parents or guardian may sue for injuries or death to child.
 A parent may maintain an action as plaintiff for the injury or death of a child below the age of majority. A guardian may maintain an action as plaintiff for the injury or death of a ward.
 Sec. 09.15.020. - Parents or guardian may sue for seduction of child.
 A parent may maintain an action as plaintiff for the seduction of a child below the age of majority. The guardian may maintain an action as plaintiff for the seduction of a ward. The action may be maintained even though the child or ward is not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service.
 Sec. 09.15.030. - Unmarried females may sue for seduction. [Repealed, Sec. 64 ch 127 SLA 1974].
 Repealed or Renumbered
 Sec. 09.15.040. - Death or disability of a party.
 In case of the death or disability of a party to an action, the court may at any time within two years after the death or disability, on motion, allow the action to be continued by or against that party's personal representatives or successor in interest.
 Chapter 09.16. - CONTRIBUTION AMONG JOINT TORTFEASORS
 Chapter 09.17. - CIVIL DAMAGES AND APPORTIONMENT OF FAULT
 Sec. 09.17.010. - Noneconomic damages.
 (a) In an action to recover damages for personal injury or wrongful death, all damage claims for noneconomic losses shall be limited to compensation for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, loss of consortium, and other nonpecuniary damage.
 (b) Except as provided under (c) of this section, the damages awarded by a court or a jury under (a) of this section for all claims, including a loss of consortium claim, arising out of a single injury or death may not exceed $400,000 or the injured person's life expectancy in years multiplied by $8,000, whichever is greater.
 (c) In an action for personal injury, the damages awarded by a court or jury that are described under (b) of this section may not exceed $1,000,000 or the person's life expectancy in years multiplied by $25,000, whichever is greater, when the damages are awarded for severe permanent physical impairment or severe disfigurement.
 (d) Multiple injuries sustained by one person as a result of a single incident shall be treated as a single injury for purposes of this section.
 Sec. 09.17.020. - Punitive damages.
 (a) In an action in which a claim of punitive damages is presented to the fact finder, the fact finder shall determine, concurrently with all other issues presented, whether punitive damages shall be allowed by using the standards set out in (b) of this section. If punitive damages are allowed, a separate proceeding under (c) of this section shall be conducted before the same fact finder to determine the amount of punitive damages to be awarded.
 (b) The fact finder may make an award of punitive damages only if the plaintiff proves by clear and convincing evidence that the defendant's conduct
 (1) was outrageous, including acts done with malice or bad motives; or
 (2) evidenced reckless indifference to the interest of another person.
 (c) At the separate proceeding to determine the amount of punitive damages to be awarded, the fact finder may consider
 (1) the likelihood at the time of the conduct that serious harm would arise from the defendant's conduct;
 (2) the degree of the defendant's awareness of the likelihood described in (1) of this subsection;
 (3) the amount of financial gain the defendant gained or expected to gain as a result of the defendant's conduct;
 (4) the duration of the conduct and any intentional concealment of the conduct;
 (5) the attitude and conduct of the defendant upon discovery of the conduct;
 (6) the financial condition of the defendant; and
 (7) the total deterrence of other damages and punishment imposed on the defendant as a result of the conduct, including compensatory and punitive damages awards to persons in situations similar to those of the plaintiff and the severity of the criminal penalties to which the defendant has been or may be subjected.
 (d) At the conclusion of the separate proceeding under (c) of this section, the fact finder shall determine the amount of punitive damages to be awarded, and the court shall enter judgment for that amount.
 (e) Unless that evidence is relevant to another issue in the case, discovery of evidence that is relevant to the amount of punitive damages to be determined under (c)(3) or (6) of this section may not be conducted until after the fact finder has determined that an award of punitive damages is allowed under (a) and (b) of this section. The court may issue orders as necessary, including directing the parties to have the information relevant to the amount of punitive damages to be determined under (c)(3) or (6) of this section available for production immediately at the close of the initial trial in order to minimize the delay between the initial trial and the separate proceeding to determine the amount of punitive damages.
 (f) Except as provided in (g) and (h) of this section, an award of punitive damages may not exceed the greater of
 (1) three times the amount of compensatory damages awarded to the plaintiff in the action; or
 (2) the sum of $500,000.
 (g) Except as provided in (h) of this section, if the fact finder determines that the conduct proven under (b) of this section was motivated by financial gain and the adverse consequences of the conduct were actually known by the defendant or the person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greatest of
 (1) four times the amount of compensatory damages awarded to the plaintiff in the action;
 (2) four times the aggregate amount of financial gain that the defendant received as a result of the defendant's misconduct; or
 (3) the sum of $7,000,000.
 (h) Notwithstanding any other provision of law, in an action against an employer to recover damages for an unlawful employment practice prohibited by AS 18.80.220 , the amount of punitive damages awarded by the court or jury may not exceed
 (1) $200,000 if the employer has less than 100 employees in this state;
 (2) $300,000 if the employer has 100 or more but less than 200 employees in this state;
 (3) $400,000 if the employer has 200 or more but less than 500 employees in this state; and
 (4) $500,000 if the employer has 500 or more employees in this state.
 (i) Subsection (h) of this section may not be construed to allow an award of punitive damages against the state or a person immune under another provision of law. In (h) of this section, "employees" means persons employed in each of 20 or more calendar weeks in the current or preceding calendar year.
 (j) If a person receives an award of punitive damages, the court shall require that 50 percent of the award be deposited into the general fund of the state. This subsection does not grant the state the right to file or join a civil action to recover punitive damages.
 Sec. 09.17.030. - [Renumbered as AS 09.65.210 ].
 Repealed or Renumbered
 Sec. 09.17.040. - Award of damages; periodic payments.
 (a) In every case where damages for personal injury are awarded by the court or jury, the verdict shall be itemized between economic loss and noneconomic loss, if any, as follows:
 (1) past economic loss;
 (2) past noneconomic loss;
 (3) future economic loss;
 (4) future noneconomic loss; and
 (5) punitive damages.
 (b) The fact finder shall reduce future economic damages to present value. In computing the portion of a lump-sum award that is attributable to future economic loss, the fact finder shall determine the present amount that, if invested at long-term future interest rates in the best and safest investments, will produce over the life expectancy of the injured party the amount necessary to compensate the injured party for
 (1) the amount of wages the injured party could have been expected to earn during future years, taking into account future anticipated inflation and reasonably anticipated increases in the injured party's earnings; and
 (2) the amount of money necessary during future years to provide for all additional economic losses related to the injury, taking into account future anticipated inflation.
 (c) Subsection (b) of this section does not apply to future economic damages if the parties agree that the award of future damages may be computed under the rule adopted in the case of Beaulieu v. Elliott, 434 P.2d 665 (Alaska 1967).
 (d) In an action to recover damages, the court shall, at the request of an injured party, enter judgment ordering that amounts awarded a judgment creditor for future damages be paid to the maximum extent feasible by periodic payments rather than by a lump-sum payment.
 (e) The court may require security be posted, in order to ensure that funds are available as periodic payments become due. The court may not require security to be posted if an authorized insurer, as defined in AS 21.90.900 , acknowledges to the court its obligation to discharge the judgment.
 (f) A judgment ordering payment of future damages by periodic payment shall specify the recipient, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. Payments may be modified only in the event of the death of the judgment creditor, in which case payments may not be reduced or terminated, but shall be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before death. In the event the judgment creditor owed no duty of support to dependents at the time of the judgment creditor's death, the money remaining shall be distributed in accordance with a will of the deceased judgment creditor accepted into probate or under the intestate laws of the state if the deceased had no will.
 (g) If the court finds that the judgment debtor has exhibited a continuing pattern of failing to make payments required under (d) of this section, the court shall, in addition to the required periodic payments, order the judgment debtor to pay the judgment creditor any damages caused by the failure to make periodic payments, including costs and attorney fees.
 Sec. 09.17.050. - [Renumbered as AS 09.65.170 ].
 Repealed or Renumbered
 Sec. 09.17.060. - Effect of contributory fault.
 In an action based on fault seeking to recover damages for injury or death to a person or harm to property, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for the injury attributable to the claimant's contributory fault, but does not bar recovery.
 Sec. 09.17.070. - Collateral benefits.
 (a) After the fact finder has rendered an award to a claimant, and after the court has awarded costs and attorney fees, a defendant may introduce evidence of amounts received or to be received by the claimant as compensation for the same injury from collateral sources that do not have a right of subrogation by law or contract.
 (b) If the defendant elects to introduce evidence under (a) of this section, the claimant may introduce evidence of
 (1) the amount that the actual attorney fees incurred by the claimant in obtaining the award exceed the amount of attorney fees awarded to the claimant by the court; and
 (2) the amount that the claimant has paid or contributed to secure the right to an insurance benefit introduced by the defendant as evidence.
 (c) If the total amount of collateral benefits introduced as evidence under (a) of this section exceeds the total amount that the claimant introduced as evidence under (b) of this section, the court shall deduct from the total award the amount by which the value of the nonsubrogated sum awarded under (a) of this section exceeds the amount of payments under (b) of this section.
 (d) Notwithstanding (a) of this section, the defendant may not introduce evidence of
 (1) benefits that under federal law cannot be reduced or offset;
 (2) a deceased's life insurance policy; or
 (3) gratuitous benefits provided to the claimant.
 (e) This section does not apply to a medical malpractice action filed under AS 09.55.
 Sec. 09.17.080. - Apportionment of damages.
 (a) In all actions involving fault of more than one person, including third-party defendants and persons who have settled or otherwise been released, the court, unless otherwise agreed by all parties, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings, indicating
 (1) the amount of damages each claimant would be entitled to recover if contributory fault is disregarded; and
 (2) the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages unless the person was identified as a potentially responsible person, the person is not a person protected from a civil action under AS 09.10.055, and the parties had a sufficient opportunity to join that person in the action but chose not to; in this paragraph, "sufficient opportunity to join" means the person is
 (A) within the jurisdiction of the court;
 (B) not precluded from being joined by law or court rule; and
 (C) reasonably locatable.
 (b) In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each person at fault, and the extent of the causal relation between the conduct and the damages claimed.
 (c) The court shall determine the award of damages to each claimant in accordance with the findings and enter judgment against each party liable. The court also shall determine and state in the judgment each party's equitable share of the obligation to each claimant in accordance with the respective percentages of fault as determined under (a) of this section. Except as provided under AS 23.30.015 (g), an assessment of a percentage of fault against a person who is not a party may only be used as a measure for accurately determining the percentages of fault of a named party. Assessment of a percentage of fault against a person who is not a party does not subject that person to civil liability in that action and may not be used as evidence of civil liability in another action.
 (d) The court shall enter judgment against each party liable on the basis of several liability in accordance with that party's percentage of fault.
 Sec. 09.17.090. - Effect of release. [Repealed, Sec. 17 ch 14 SLA 1987].
 Repealed or Renumbered
 Sec. 09.17.100. - [Renumbered as AS 09.65.180 ].
 Repealed or Renumbered
 Sec. 09.17.900. - Definition.
 In this chapter, "fault" includes acts or omissions that are in any measure negligent, reckless, or intentional toward the person or property of the actor or others, or that subject a person to strict tort liability. The term also includes breach of warranty, unreasonable assumption of risk not constituting an enforceable express consent, misuse of a product for which the defendant otherwise would be liable, and unreasonable failure to avoid an injury or to mitigate damages. Legal requirements of causal relation apply both to fault as the basis for liability and to contributory fault.
 Chapter 09.19. - PRISONER LITIGATION AGAINST THE STATE
 Sec. 09.19.010. - Limitation on exemption from filing fees.
 (a) A prisoner may not commence litigation against the state unless the prisoner has paid full filing fees to the court or is a claimant under AS 23.20, except that the court may exempt a prisoner from paying part of those fees if the court finds exceptional circumstances as described in this section.
 (b) To apply for a filing fee exemption, a prisoner shall submit to the court
 (1) an affidavit that clearly discloses that the person is a prisoner and that sets out
 (A) the prisoner's complete financial situation, including the prisoner's income, money in financial accounts, assets, and court-ordered payments;
 (B) the circumstances that prevent the prisoner from paying full filing fees; and
 (C) the nature of the action or appeal and specific facts that would, if proven, state a claim on which relief can be granted or entitle the prisoner to reversal on appeal;
 (2) a certified copy of the prisoner's account statement from the correctional facility in which the prisoner is being or has been held for the six-month period preceding the submission of the application; and
 (3) other documentation or financial information as the court may require.
 (c) Based on the submission under (b) of this section, the court may grant an exemption from part of the applicable filing fees if the court finds that exceptional circumstances prevent the prisoner from paying full filing fees. Imprisonment and indigency do not constitute exceptional circumstances if the prisoner has available income or resources that can be applied to the filing fee.
 (d) If the court orders an exemption under (c) of this section, the court shall determine the amount of the exemption and set a filing fee to be paid by the prisoner. In setting the fee, the court, at a minimum, shall require the prisoner to pay filing fees equal to 20 percent of the larger of the average monthly deposits made to the prisoner's account described in (b)(2) of this section, or the average balance in that account, not to exceed the amount of the full filing fee required under applicable court rules.
 (e) The court shall mail or otherwise serve its order under (d) of this section on the prisoner. Along with its order, the court shall give written notice that the case or appeal will not be accepted for filing if payment of a filing fee is not made within 30 days after the date of distribution of the order, unless the time for payment is extended by the court. If timely payment is not made, the court may not accept any filing in the case or appeal. If payment is made, the prisoner's filing and supporting documents shall be accepted for filing with the court.
 Sec. 09.19.020. - Dismissal for material misstatements.
 If a prisoner has filed litigation against the state, the court shall dismiss that litigation if the court finds that the pleadings filed by the prisoner or an application filed by the prisoner to obtain an exemption under AS 09.19.010 contain a material statement made by the prisoner that is not true.
 Sec. 09.19.030. - Stay in prisoner disciplinary appeals.
 A superior court that reviews a disciplinary decision of the Department of Corrections as an administrative appeal may not enter an order staying disciplinary sanctions unless the pleadings filed by the prisoner establish by clear and convincing evidence that the prisoner has alleged a violation of a fundamental constitutional right and is likely to succeed on the merits in the appeal, that the prisoner faces irreparable harm if a stay is not granted, that the Department of Corrections can be adequately protected if a stay is granted, and that a stay will not adversely affect the public interest in effective penal administration.
 Sec. 09.19.040. - Injunctions or orders imposing obligations in prisoner cases.
 In litigation against the state brought by a prisoner, a court may not enter an injunction or issue an order or decision that would impose an obligation on the state or its employees that would exceed the obligations imposed by the United States Constitution, the Constitution of the State of Alaska, and applicable federal and state statutes and regulations, unless the obligation is agreed to by the state.
 Sec. 09.19.050. - Discovery in prisoner cases.
 The automatic disclosure provisions of Rule 26, Alaska Rules of Civil Procedure, do not apply to litigation against the state brought by a prisoner.
 Sec. 09.19.100. - Definitions.
 In this chapter,
 (1) "litigation against the state" means a civil action or an appeal from a civil action or from the final decision of an administrative agency, a petition for review, a petition for hearing, an original application for relief, or another action filed under the Alaska Rules of Appellate Procedure that
 (A) involves the state, an officer or agent of the state, or a state employee, or a former officer or agent of the state or state employee, regarding conduct that occurred during that former officer's, agent's, or employee's state employment or agency, whether the officer, agent, or employee is sued in an official or a personal capacity; and
 (B) is related to a person's status or treatment as a prisoner, to a criminal charge against or involving the person, or to an alleged violation of the person's constitutional rights;
 (2) "prisoner" has the meaning given in AS 33.30.901 .
 Chapter 09.20. - TRIAL
 Article 01 - JURORS AND VERDICT
 Sec. 09.20.010. - Qualification of jurors; interpreters.
 (a) A person is qualified to act as a juror if the person is
 (1) a citizen of the United States;
 (2) a resident of the state;
 (3) at least 18 years of age;
 (4) of sound mind;
 (5) in possession of the person's natural faculties; and
 (6) able to read or speak the English language.
 (b) A person is not disqualified from serving as a juror solely because of the loss of hearing or sight in any degree or a disability that substantially impairs or interferes with the person's mobility.
 (c) The court shall provide, and pay the cost of services of, an interpreter or reader when necessary to enable a person with impaired hearing or sight to act as a juror.
 Sec. 09.20.020. - Disqualification of jurors.
 A person is disqualified from serving as a juror if the person
 (1) has served as a juror in the state within one year of the time of examination for service; or
 (2) has been convicted of a felony for which the person has not been unconditionally discharged; unconditional discharge has the meaning given in AS 12.55.185 .
 Sec. 09.20.025. - Limitation on jury service.
 No person may be required to serve more than a total of three months as a juror during any consecutive two-year period. However, if a person is serving as a juror at the conclusion of the three months period, that person shall complete the trial then in progress. In this section, a person is "serving as a juror" whenever that person is in attendance in court as a member of a jury or a jury panel.
 Sec. 09.20.030. - Exemptions.
 A person may claim exemption and may be excused from service as a juror if it is shown that the person's health, the health or proper care of the person's family, a permanent physical or mental disability, or other substantial hardship expected to last more than two years makes it necessary for the person to be excused, or if the person is a judicial officer.
 Sec. 09.20.035. - Deferral of jury service.
 A person may have jury service deferred if the person shows that jury service at the time for which the person is summoned will cause hardship to that person or another, or that transportation problems make it temporarily impossible for the person to serve. Jury service may be deferred under this section only if the person seeking the deferment agrees to a deferred date. Jury service may not be deferred for more than 10 months from the date the initial jury service was to begin.
 Sec. 09.20.037. - Protection for employee on jury duty.
 (a) An employer may not deprive an employee of employment or threaten, coerce, or penalize an employee because the employee receives or responds to a summons for jury service, serves as a juror, or attends court for prospective jury service. This section does not require an employer to pay wages to an employee for time spent on jury service or in court for prospective jury service.
 (b) If an employer violates this section, the employee may bring a civil action to recover wages lost as a result of the violation, other damages that resulted from the violation, and may also seek an order requiring the reinstatement of the employee.
 Sec. 09.20.040. - Compliance with statute.
 The selection of jurors shall be made in substantial compliance with AS 09.20.040 - 09.20.090. A failure in substantial compliance which prejudices the rights of a party is reversible error.
 Sec. 09.20.050. - Jury list.
 (a) At such times as need may require, but not later than November 30 of each year, the administrative director of courts shall prepare for each judicial district a list of the names of the residents of the district who are qualified by law for jury service. If the superior court is located in different cities in the same judicial district, the administrative director shall prepare for each location of the court a list of the names of the qualified residents of that portion of the district considered to be appropriate.
 (b) The jury list shall be based on a list prepared by the Department of Revenue of all persons who filed an application for a distribution of Alaska permanent fund income under AS 43.23 during the current calendar year that shows an Alaskan address, and of all persons who volunteer for jury duty under (d) of this section. If considered necessary by the administrative director of the Alaska Court System, the jury list shall incorporate a list prepared by the Department of Administration of all persons who hold a valid Alaska driver's license. The departments shall submit their respective lists to the Alaska Court System not later than September 30 of each year. To the extent that it is available, the departments shall include on the lists they submit the following information for each person: first name, middle initial, and last name; mailing address, including the zip code; and birth date. The lists shall be recorded on magnetic tape compatible with Alaska Court System data processing equipment.
 (c) A copy of the appropriate portion of the jury list shall be transmitted to the presiding judge of each judicial district and shall only be used to summon jurors and for other purposes of judicial administration. Duplicate names and the names of deceased persons and persons permanently excused from jury service shall be eliminated from the list before it is transmitted to the presiding judge. A questionnaire for prospective jurors may be adopted and submitted to them by the administrative director of courts.
 (d) A person who is qualified as a juror under AS 09.20.010 and is not disqualified from serving as a juror by AS 09.20.020 may volunteer for jury duty by contacting the administrative director of the Alaska Court System and providing the information the administrative director may require.
 Sec. 09.20.060. - Use of jury box or computer list.
 The clerk of the court shall write the names included in the list on separate pieces of paper or prepare metal, plastic, or other types of pieces to correspond to numbers on the jury list. As directed by the court, the clerk shall deposit the named or numbered pieces in the jury box in a number and manner to assure a fair and impartial drawing of the jury panel. A randomly generated computer list of prospective jurors may be used in place of the jury box. The jury box and the named or numbered pieces, or the computer list may be examined by the parties or by an attorney authorized to practice law in the state within limitations and under conditions prescribed by the court.
 Sec. 09.20.070. - Public drawing for jurors for panel.
 Under the direction of the court the clerk shall conduct the public drawing of jurors for the panel by shaking the box to mix the named or numbered pieces. The clerk shall then draw as many names or numbers as are ordered by the court to fill the jury panel. A random selection of the jury panel by computer may be used in place of the public drawing of names. If the name or number of a person is drawn or selected and the person is deceased, unqualified, disqualified, or the person's attendance cannot be obtained within a reasonable time or may involve a large and unnecessary expense, and the fact appears to the satisfaction of the court through the use of questionnaires or otherwise, the court may reject the name of that person and direct that the name or number of another be drawn.
 Sec. 09.20.080. - Jury panel.
 (a) The jury panel for the trial of civil cases consists of at least twice the number of jurors needed to serve on a trial jury, including any needed alternate jurors. If the number of jurors on the panel falls below the number required by this section or if the regular panel is exhausted, the court shall order the clerk to complete the panel or to secure additional jurors by drawing names from the jury box or by obtaining names from the randomly generated computer list.
 (b) If the list of prospective jurors for a court location does not produce sufficient names for a jury panel of minimum size, the administrative director of courts may authorize that additional names of prospective jurors be randomly selected from sources other than those listed in AS 09.20.050 .
 Sec. 09.20.090. - Impaneling the trial jury.
 When a civil case that is to be tried by a jury is called for trial, the clerk shall draw from the trial jury box containing the names of those on the jury panel a number of names or numbers sufficient to name a jury of 12 unless the court directs otherwise. The prospective jurors shall be examined, challenged, and sworn as provided by rules of the supreme court.
 Sec. 09.20.100. - Verdicts.
 In a civil case tried by a jury in any court, whether of record or not, not less than five-sixths of the jury may render a verdict, which is entitled to the legal effect of a unanimous verdict at common law. Special verdicts need not be concurred in by the same jurors.
 Sec. 09.20.110. - Service on concealed witness.
 If a witness is concealed in a building or vessel for the purpose of preventing the service of a subpoena, a peace officer may break into the building or vessel to serve the subpoena upon the witness.
 Sec. 09.20.120. - Disobedience to subpoena.
 A witness who disobeys a subpoena served on the witness shall also forfeit to the party requiring the attendance of the witness the sum of $50 and all damages which that party may sustain by the failure of the witness to attend. The forfeiture and damages may be recovered in a civil action.
 Sec. 09.20.130. - Proceedings for examination of prisoner as a witness.
 (a) If a witness is a prisoner confined in a prison in the state, a state court may order the prisoner's temporary removal and production before a state court for the purpose of being orally examined
 (1) by the court or a judge of the court in which the action or proceeding is pending, unless it is a district court;
 (2) by a judge of the superior or supreme court when the action or proceeding is pending in a district court, or when the witness's oral examination is required before a judge or other persons out of court.
 (b) In any other case, a state court may order the examination in prison upon a deposition.
 Sec. 09.20.140. - Compelling person to testify.
 A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance before the court or officer on a subpoena.
 Sec. 09.20.150. - Witnesses are exonerated from civil arrest.
 A person who has been served in good faith with a subpoena to attend as a witness before a court, judge, referee, or other official is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning from there. The arrest of a witness contrary to this section is void, and when wilfully made is a contempt of court. The officer wilfully making it is responsible to the witness arrested for double the amount of damages that may be assessed against the witness, and is also liable to an action at the suit of the party serving the witness with the subpoena for the damages sustained by the party in consequence of the arrest.
 Sec. 09.20.160. - Affidavit as prerequisite to officer's liability.
 Sec. 09.20.160. Affidavit as prerequisite to officer's liability.
 (a) The officer making the arrest is not liable in any way therefor unless the person claiming exoneration from arrest, if required, makes an affidavit stating that the person
 (1) has been served a subpoena to attend as a witness before a court, judge, referee, or other official, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and
 (2) has not been served by the person's own procurement with the intention of avoiding an arrest.
 (b) The affidavit may be taken by the officer, and exonerates the officer from liability for not making the arrest or for discharging the witness when arrested.
 Sec. 09.20.170. - Discharge from improper arrest.
 The court, judge, referee, or other person before whom the attendance of the witness is required may discharge a witness from an arrest made in violation of AS 09.20.150 .
 Sec. 09.20.180. - Exclusion of witnesses from courtroom.
 Except as provided in AS 12.61.010 and AS 47.12.110 (b), upon the request of either party the judge may exclude from the courtroom any witness of the adverse party not under examination at the time so that the witness may not hear the testimony of other witnesses.
 Sec. 09.20.185. - Expert witness qualification.
 (a) In an action based on professional negligence, a person may not testify as an expert witness on the issue of the appropriate standard of care unless the witness is
 (1) a professional who is licensed in this state or in another state or country;
 (2) trained and experienced in the same discipline or school of practice as the defendant or in an area directly related to a matter at issue; and
 (3) certified by a board recognized by the state as having acknowledged expertise and training directly related to the particular field or matter at issue.
 (b) The provisions of (a) of this section do not apply if the state has not recognized a board that has certified the witness in the particular field or matter at issue.
 Chapter 09.25. - EVIDENCE, PRESUMPTIONS, PUBLIC RECORDS, AND PRIVILEGES
 Sec. 09.25.010. - Statute of frauds.
 (a) In the following cases and under the following conditions an agreement, promise, or undertaking is unenforceable unless it or some note or memorandum of it is in writing and subscribed by the party charged or by an agent of that party:
 (1) an agreement that by its terms is not to be performed within a year from the making of it;
 (2) an agreement the performance of which is not to be completed by the end of a lifetime; this provision includes a contract to bequeath property or make a testamentary disposition of any kind, a contract to assign or an assignment, with or without consideration to the promisor, of a life or health or accident insurance policy, or a promise, with or without consideration to the promisor, to name a beneficiary of that type of policy; but this provision does not include an insurer's promise to issue a policy of insurance, or any promise or assignment with respect to a policy of industrial life or health or accident insurance;
 (3) a special promise to answer for the debt of another;
 (4) an agreement by an executor or administrator to pay the debts of the testator or intestate out of the personal estate of the executor or administrator;
 (5) an agreement made upon consideration of marriage other than mutual promises to marry;
 (6) an agreement for leasing for a longer period than one year, or for the sale of real property, or of any interest in real property, or to charge or encumber real property;
 (7) an agreement concerning real property made by an agent of the party sought to be charged unless the authority of the agent is in writing;
 (8) an agreement authorizing or employing an agent or broker to sell or purchase real estate for compensation or commission; however, if the note or memorandum of the agreement is in writing, subscribed by the party to be charged or by a lawfully authorized agent, contains a description of the property sufficient for identification, authorizes or employs the agent or broker named in it to sell the property, and expresses with reasonable certainty the amount of the commission or compensation to be paid the agent or broker, the agreement of authorization or employment is not unenforceable for failure to state a consideration;
 (9) an agreement to establish a trust;
 (10) a subsequent or new promise to pay a debt discharged in bankruptcy;
 (11) a conveyance or assignment of a trust in personal property;
 (12) an agreement to pay compensation for services rendered in negotiating a loan, effecting the procurement of a business opportunity, or the purchase and sale of a business, its good will, inventory, fixtures, or an interest in it, including a majority of the voting stock interest in a corporation and including the creating of a partnership interest, other than an agreement to pay compensation to an auctioneer or an attorney at law;
 (13) an agreement to lend more than $50,000 or to grant or extend credit of more than $50,000, if the loan or grant or extension of credit is not primarily for personal, family, or household purposes and if the person who agrees to lend or grant or extend credit is engaged in the business of lending or arranging for the lending of money or the granting or extension of credit; in this paragraph a loan secured solely by residential property consisting of one to four dwelling units is considered to be a loan primarily for personal, family, or household purposes.
 (b) No estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power concerning the property may be created, transferred, or declared, otherwise than by operation of law, or by a conveyance or other instrument in writing subscribed by the party creating, transferring, or declaring it or by that party's agent under written authority and executed with the formalities that are required by law. If the estate or interest in real property is created, transferred, or declared to a nonresident alien or for the benefit of a nonresident alien, the instrument shall so state and shall contain the name and address of the alien. This subsection does not affect the power of a testator in the disposition of real property by will, nor prevent a trust's arising or being extinguished by implication or operation of law, nor affect the power of a court to compel specific performance of an agreement in relation to the property.
 Sec. 09.25.020. - Exceptions to statute of frauds.
 A contract, promise, or agreement that is subject to AS 09.25.010 , that does not satisfy the requirements of that section, but that is otherwise valid is enforceable if
 (1) there has been full performance on one side accepted by the other in accordance with the contract;
 (2) there is a memorandum that would satisfy the requirements of AS 09.25.010 except for error or omission in the recital of past events;
 (3) there is a memorandum that would satisfy the requirements of AS 09.25.010 except for error or omission that could be corrected by reformation if it occurred in a formal contract;
 (4) the party against whom enforcement is sought admits, voluntarily or involuntarily, in pleadings or at any other stage of this or any other action or proceeding the making of an agreement; or
 (5) it is a contract of employment for a period not exceeding one year from the commencement of work under its terms.
 Sec. 09.25.030. - Representations as to credit, skill, or character of a third person.
 Evidence is not admissible to charge a person upon a representation as to the credit, skill, or character of a third person unless the representation or some memorandum of it is in writing, and either subscribed by or in the handwriting of the party to be charged.
 Sec. 09.25.040. - Rules for construing real estate descriptions.
 The following are the rules for construing the descriptive part of a conveyance of real property when the construction is doubtful and there are no other sufficient circumstances to determine it:
 (1) where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by those particulars if they constitute a sufficient description to ascertain its application:
 (2) when permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles, or surfaces, the boundaries or monuments are paramount:
 (3) between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both:
 (4) when a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or bed of the stream is held under another title:
 (5) when tidewater is the boundary, the rights of the grantor to low-water mark are included in the conveyance:
 (6) when the description refers to a map and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and ascertained particulars.
 Sec. 09.25.050. - [Renumbered as AS 09.45.052 ].
 Repealed or Renumbered
 Sec. 09.25.051. - Admissibility of DNA profiles.
 (a) In a civil action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.
 (b) In this section,
 (1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;
 (2) "DNA profile"
 (A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;
 (B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.
 Sec. 09.25.060. - Fraud presumed from retention of possession.
 Every sale or assignment of personal property unless accompanied by the immediate delivery and the actual and continued change of possession of the thing sold or assigned is presumed prima facie to be a fraud against the creditors of the vendor or assignor, and subsequent purchasers in good faith and for a valuable consideration during the time the property remains in the possession of the vendor or assignor, except that retention of possession in good faith and current course of trade by a merchant seller for a commercially reasonable time after a sale or identification is not fraudulent, and nothing contained in this section shall supersede the provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform Commercial Code).
 Sec. 09.25.070. - Evidence of publication.
 Evidence of the publication of a document or notice required by law to be published in a newspaper may be given by the affidavit of the printer, foreman, or business manager of the newspaper, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made.
 Sec. 09.25.080. - Right to receipt upon payment or delivery.
 A person who pays money or delivers an instrument or property is entitled to a receipt for it from the person to whom the payment or delivery is made, and may demand a proper signature to the receipt as a condition of the payment or delivery.
 Sec. 09.25.090. - Objections to tender.
 The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property, or the person waives it. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property, the person shall specify the amount, terms, or kind which the person requires, or is precluded from objecting later. This section shall not be construed to modify or change in any manner corresponding provisions of AS 45.01 - AS 45.09, AS 45.12, and AS 45.14 (Uniform Commercial Code).
 Sec. 09.25.095. - Effect of private seals and scrolls.
 Private seals and scrolls as a substitute for seals are abolished. They are not required to an instrument, but when used their effect remains unchanged.
 Sec. 09.25.100. - Disposition of tax information.
 (a) Information in the possession of the Department of Revenue that discloses the particulars of the business or affairs of a taxpayer or other person is not a matter of public record, except as provided in AS 43.05.230(i) or for purposes of investigation and law enforcement. The information shall be kept confidential except when its production is required in an official investigation, administrative adjudication under AS 43.05.400 - 43.05.499, or court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the identification of particular reports and items, prohibit the publication of tax lists showing the names of taxpayers who are delinquent and relevant information that may assist in the collection of delinquent taxes, or prohibit the publication of records, proceedings, and decisions under AS 43.05.400 - 43.05.499.
 (b) If a copy of a record of tax information is requested under (a) of this section for the purposes of child support administration, the copy may be released only to the child support enforcement agency created in AS 25.27.010 or a child support enforcement agency of another state. The Department of Revenue shall provide the requesting agency with a copy of the record. The requesting agency receiving information under this subsection may use it only for child support purposes authorized under law.
 Sec. 09.25.110. - Public records open to inspection and copying; fees.
 (a) Unless specifically provided otherwise, the public records of all public agencies are open to inspection by the public under reasonable rules during regular office hours. The public officer having the custody of public records shall give on request and payment of the fee established under this section or AS 09.25.115 a certified copy of the public record.
 (b) Except as otherwise provided in this section, the fee for copying public records may not exceed the standard unit cost of duplication established by the public agency.
 (c) If the production of records for one requester in a calendar month exceeds five person-hours, the public agency shall require the requester to pay the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay the fee before the records are disclosed, and the public agency may require payment in advance of the search.
 (d) A public agency may reduce or waive a fee when the public agency determines that the reduction or waiver is in the public interest. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated. A public agency may waive a fee of $5 or less if the fee is less than the cost to the public agency to arrange for payment.
 (e) Notwithstanding other provisions of this section to the contrary, the Bureau of Vital Statistics, the library archives in the Department of Education, and the division of banking, securities, and corporations in the Department of Commerce and Economic Development may continue to charge the same fees that they are charging on September 25, 1990 for performing record searches, and may increase the fees as necessary to recover agency expenses on the same basis that is used by the agency immediately before September 25, 1990.
 (f) Notwithstanding other provisions of this section to the contrary, the Board of Regents of the University of Alaska may establish reasonable fees for the inspection and copying of public records, including record searches.
 (g) Notwithstanding other provisions of this section to the contrary, the board of directors of the Alaska Railroad Corporation may establish reasonable fees for the inspection and copying of public records, including record searches.
 (h) Notwithstanding other provisions of this section to the contrary, the judicial branch may establish by court rule reasonable fees for the inspection and copying of public records, including record searches.
 (i) Electronic information that is provided in printed form shall be made available without codes or symbols, unless accompanied by an explanation of the codes or symbols.
 Sec. 09.25.115. - Electronic services and products.
 (a) Notwithstanding AS 09.25.110 (b) - (d) to the contrary, upon request and payment of a fee established under (b) of this section, a public agency may provide electronic services and products involving public records to members of the public. A public agency is encouraged to make information available in usable electronic formats to the greatest extent feasible. The activities authorized under this section may not take priority over the primary responsibilities of a public agency.
 (b) The fee for electronic services and products must be based on recovery of the actual incremental costs of providing the electronic services and products, and a reasonable portion of the costs associated with building and maintaining the information system of the public agency. The fee may be reduced or waived by the public agency if the electronic services and products are to be used for a public purpose, including public agency program support, nonprofit activities, journalism, and academic research. Fee reductions and waivers shall be uniformly applied among persons who are similarly situated.
 (c) Notwithstanding (b) of this section, the fee for duplicating a public record in the electronic form kept by a public agency may not exceed the actual incremental costs of the public agency.
 (d) Public agencies shall include in a contract for electronic services and products provisions that
 (1) protect the security and integrity of the information system of the public agency and of information systems that are shared by public agencies; and
 (2) limit the liability of the public agency providing the services and products.
 (e) Each public agency shall notify the state library distribution and data access center established under AS 14.56.090 of the electronic services and products offered by the public agency to the public under this section. The notification must include a summary of the available format options and the fees charged.
 (f) When offering on-line access to an electronic file or data base, a public agency also shall provide without charge on-line access to the electronic file or data base through one or more public terminals.
 (g) Each public agency shall establish the fees for the electronic services and products provided under this section. The Telecommunications Information Council may cancel the fees established by a public agency in the executive branch, except the fees of the University of Alaska and the Alaska Railroad Corporation, if the council determines that the fees are unreasonably high.
 (h) A public agency may not make electronic services and products available to one member of the public and withhold them from other members of the public.
 (i) A public agency other than a municipality or the Alaska Railroad Corporation shall separately account for the fees received by the agency under this section and deposited in the general fund. The annual estimated balance in the account may be used by the legislature to make appropriations to the agency to carry out the activities of the agency.
 Sec. 09.25.120. - Public records; exceptions; certified copies.
 (a) Every person has a right to inspect a public record in the state, including public records in recorders' offices, except
 (1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
 (2) records pertaining to juveniles unless disclosure is authorized by law;
 (3) medical and related public health records;
 (4) records required to be kept confidential by a federal law or regulation or by state law;
 (5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance;
 (6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
 (A) could reasonably be expected to interfere with enforcement proceedings;
 (B) would deprive a person of a right to a fair trial or an impartial adjudication;
 (C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
 (D) could reasonably be expected to disclose the identity of a confidential source;
 (E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
 (F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
 (G) could reasonably be expected to endanger the life or physical safety of an individual;
 (7) names, addresses, and other information identifying a person as a participant in the advance college tuition payment program under AS 14.40.803 - 14.40.817;
 (8) public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it.
 (b) Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under AS 09.25.110 - 09.25.115 a certified copy of the record, and the copy shall in all cases be evidence of the original.
 (c) Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants; and shall furnish proper and reasonable facilities to persons having lawful occasion for access to the public records for those purposes, subject to reasonable rules and regulations, in conformity to the direction of the court, as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees.
 Sec. 09.25.121. - Copies of public records for veterans.
 When a copy of a public record is required by the Department of Military and Veterans' Affairs, the Department of Commerce and Economic Development, or by the United States Veterans' Administration to be used in determining the eligibility of a person to participate in benefits, the official custodian of the public record shall, without charge, provide the applicant for the benefits, a person acting on behalf of the applicant, or an authorized representative of the department or the United States Veterans' Administration with a certified copy of the record.
 Sec. 09.25.122. - Litigation disclosure.
 A public record that is subject to disclosure and copying under AS 09.25.110 - 09.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party.
 Sec. 09.25.123. - Supervision and regulation.
 (a) The Telecommunications Information Council shall supervise and adopt regulations for the operation and implementation of AS 09.25.110 - 09.25.140 by public agencies in the executive branch, except the Alaska Railroad Corporation.
 (b) The legislative council shall supervise and adopt procedures for the operation and implementation of AS 09.25.110 - 09.25.140 by public agencies in the legislative branch.
 (c) The administrative director of courts shall supervise and adopt procedures for the operation and implementation of AS 09.25.110 - 09.25.140 by public agencies in the judicial branch.
 (d) The Board of Regents of the University of Alaska shall supervise and adopt procedures for the operation and implementation of AS 09.25.110 - 09.25.140 by the University of Alaska.
 (e) The regulations and procedures adopted under this section must include the establishment of procedures for making an administrative appeal of public agency action that is taken under AS 09.25.110 - 09.25.140.
 (f) In this section,
 (1) "action" includes the calculation of a fee, the denial of a fee reduction or waiver, and the denial of a request to inspect or copy a public record;
 (2) "public agency" does not include a municipality.
 Sec. 09.25.124. - Appeals.
 A person may appeal to the superior court the final administrative order made by a public agency under AS 09.25.110 - 09.25.140.
 Sec. 09.25.125. - Enforcement: Injunctive relief.
 A person having custody or control of a public record who denies, obstructs, or attempts to obstruct, or a person not having custody or control who aids or abets another person in denying, obstructing, or attempting to obstruct, the inspection of a public record subject to inspection under AS 09.25.110 or 09.25.120 may be enjoined by the superior court from denying, obstructing, or attempting to obstruct, the inspection of public records subject to inspection under AS 09.25.110 or 09.25.120. A person may seek injunctive relief under this section without exhausting the person's remedies under AS 09.25.123 - 09.25.124.
 Sec. 09.25.130. - [Renumbered as AS 09.25.095 ].
 Repealed or Renumbered
 Sec. 09.25.140. - Confidentiality of library records.
 (a) Except as provided in (b) of this section, the names, addresses, or other personal identifying information of people who have used materials made available to the public by a library shall be kept confidential, except upon court order, and are not subject to inspection under AS 09.25.110 or 09.25.120. This section applies to libraries operated by the state, a municipality, or a public school, including the University of Alaska.
 (b) Records of a public elementary or secondary school library identifying a minor child shall be made available on request to a parent or guardian of that child.
 Sec. 09.25.150. - [Renumbered as AS 09.25.300 ].
 Repealed or Renumbered
 Sec. 09.25.160. - [Renumbered as AS 09.25.310 ].
 Repealed or Renumbered
 Sec. 09.25.170. - [Renumbered as AS 09.25.320 ].
 Repealed or Renumbered
 Sec. 09.25.180. - [Renumbered as AS 09.25.330 ].
 Repealed or Renumbered
 Sec. 09.25.190. - [Renumbered as AS 09.25.340 ].
 Repealed or Renumbered
 Sec. 09.25.200. - [Renumbered as AS 09.25.350 ].
 Repealed or Renumbered
 Sec. 09.25.210. - [Renumbered as AS 09.25.360 ].
 Repealed or Renumbered
 Sec. 09.25.220. - Definitions for AS 09.25.100 - 09.25.220.
 In AS 09.25.100 - 09.25.220, unless the context otherwise requires,
 (1) "electronic services and products" means computer-related services and products provided by a public agency, including
 (A) electronic manipulation of the data contained in public records in order to tailor the data to the person's request or to develop a product that meets the person's request;
 (B) duplicating public records in alternative formats not used by a public agency, providing periodic updates of an electronic file or data base, or duplicating an electronic file or data base from a geographic information system;
 (C) providing on-line access to an electronic file or data base;
 (D) providing information that cannot be retrieved or generated by the existing computer programs of the public agency;
 (E) providing functional electronic access to the information system of the public agency; in this subparagraph, "functional access" includes the capability for alphanumeric query and printing, graphic query and plotting, nongraphic data input and analysis, and graphic data input and analysis;
 (F) providing software developed by a public agency or developed by a private contractor for a public agency;
 (G) generating maps or other standard or customized products from an electronic geographic information system;
 (2) "public agency" means a political subdivision, department, institution, board, commission, division, authority, public corporation, council, committee, or other instrumentality of the state or a municipality; "public agency" includes the University of Alaska and the Alaska Railroad Corporation;
 (3) "public records" means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a public agency, or by a private contractor for a public agency, and that are preserved for their informational value or as evidence of the organization or operation of the public agency; "public records" does not include proprietary software programs;
 (4) "Telecommunications Information Council" means the Telecommunications Information Council established under AS 44.19.502 .
 Sec. 09.25.230. - [Renumbered as AS 09.25.400 ].
 Repealed or Renumbered
 Chapter 09.30. - JUDGMENTS
 Article 01 - JUDGMENTS
 Sec. 09.30.010. - Recording copy of judgment as lien.
 A certified copy of the judgment or decree of a court of this state or a court of record of the United States upon which execution may issue, the enforcement of which has not been stayed, may be recorded with the recorder of a recording district. From the recording, the judgment or decree becomes a lien upon the real property of the defendant that is in the recording district, that is not exempt from execution, and that is owned by the defendant at the time or acquired by the defendant afterward but before the lien expires. The lien continues during the time execution may issue on the judgment or decree but for not more than 10 years from date of entry of the judgment or decree. After expiration of the lien, the court may grant leave for issuance of execution upon the judgment or decree. From the date of recording the judgment or decree, together with the order allowing issuance of execution, the judgment or decree becomes a lien in the manner provided in this section.
 Sec. 09.30.020. - Priority of lien of judgment.
 A conveyance of real property or interest in real property is void against a judgment lien that is recorded before the conveyance is recorded.
 Sec. 09.30.030. - Judgment where summons not served on all defendants.
 When an action is against two or more defendants jointly indebted upon a contract and the summons is served on one or more but not all of them and judgment is recovered, it may be entered against all the defendants jointly indebted only so far as it may be enforced against the joint property of all and the separate property of the defendants served and, if they are subject to arrest, against the persons of the defendants served.
 Sec. 09.30.040. - Judgments against boroughs and cities.
 Where judgment is against a borough, city, or other public corporation, no execution may issue on it but the judgment may be satisfied only as follows:
 (1) the party in whose favor the judgment is given may, at any time within 10 years of the date of the judgment, present a certified copy of the judgment to the officer of the borough, city, or other public corporation authorized to draw orders on its treasurer;
 (2) upon presentation, the officer shall draw an order on the treasurer for the amount of the judgment in favor of the party for whom the judgment was given; after that the order may be presented for payment and paid in the manner and with the effect of other orders upon the treasurer of a borough, city, or other public corporation.
 Sec. 09.30.050. - Confession of judgment.
 A judgment by confession may be entered with or without action against a person for any amount or relief. The confession may be made only by the confessor in person or by the person's attorney in fact under a power of attorney so authorizing, or, if the confessor is a corporation, only by a person who at that time has a relation to the corporation that would authorize the service of summons on that person.
 Sec. 09.30.055. - [Renumbered as AS 09.30.065 ].
 Repealed or Renumbered
 Sec. 09.30.060. - Confession of judgment against jointly liable defendant.
 When an action upon a contract is pending against one or more defendants jointly liable, judgment may be given on the confession of one or more defendants against all the defendants jointly liable, whether all defendants have been served with the summons or not. However, the judgment may be enforced only against their joint property and against the joint and separate property of the defendant making the confession.
 Sec. 09.30.065. - Offers of judgment.
 (a) At any time more than 10 days before the trial begins, either the party making a claim or the party defending against a claim may serve upon the adverse party an offer to allow judgment to be entered in complete satisfaction of the claim for the money or property or to the effect specified in the offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service, and the clerk shall enter judgment. An offer not accepted within 10 days is considered withdrawn, and evidence of that offer is not admissible except in a proceeding to determine the form of judgment after verdict. If the judgment finally entered on the claim as to which an offer has been made under this section is at least five percent less favorable to the offeree than the offer, or if there are multiple defendants at least 10 percent less favorable to the offeree than the offer, the offeree, whether the party making the claim or defending against the claim, shall pay all costs as allowed under the Alaska Rules of Civil Procedure and shall pay reasonable actual attorney fees incurred by the offeror from the date the offer was made, as follows:
 (1) if the offer was served no later than 60 days after both parties made the disclosures required by the Alaska Rules of Civil Procedure, the offeree shall pay 75 percent of the offeror's reasonable actual attorney fees;
 (2) if the offer was served more than 60 days after both parties made the disclosures required by the Alaska Rules of Civil Procedure but more than 90 days before the trial began, the offeree shall pay 50 percent of the offeror's reasonable actual attorney fees;
 (3) if the offer was served 90 days or less but more than 10 days before the trial began, the offeree shall pay 30 percent of the offeror's reasonable actual attorney fees.
 (b) If an offeror receives costs and reasonable actual attorney fees under (a) of this section, that offeror shall be considered the prevailing party for purposes of an award of attorney fees under the Alaska Rules of Civil Procedure. Notwithstanding (a) of this section, if the amount awarded an offeror for attorney fees under the Alaska Rules of Civil Procedure is greater than a party would receive under (a) of this section, the offeree shall pay to the offeror attorney fees specified under the Alaska Rules of Civil Procedure and is not required to pay reasonable actual attorney fees under (a) of this section. A party who receives attorney fees under this section may not also receive attorney fees under the Alaska Rules of Civil Procedure.
 Sec. 09.30.070. - Interest on judgments; prejudgment interest.
 (a) Notwithstanding AS 45.45.010 , the rate of interest on judgments and decrees for the payment of money, including prejudgment interest, is three percentage points above the 12th Federal Reserve District discount rate in effect on January 2 of the year in which the judgment or decree is entered, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specified rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree.
 (b) Except when the court finds that the parties have agreed otherwise, prejudgment interest accrues from the day process is served on the defendant or the day the defendant received written notification that an injury has occurred and that a claim may be brought against the defendant for that injury, whichever is earlier. The written notification must be of a nature that would lead a prudent person to believe that a claim will be made against the person receiving the notification, for personal injury, death, or damage to property.
 (c) Prejudgment interest may not be awarded for future economic damages, future noneconomic damages, or punitive damages.
 Sec. 09.30.100. - Applicability.
 AS 09.30.100 - 09.30.180 apply to any foreign judgment that is final and conclusive and enforceable where rendered even though an appeal is pending or it is subject to appeal.
 Sec. 09.30.110. - Recognition and enforcement.
 Except as provided in AS 09.30.120 , a foreign judgment meeting the requirements of AS 09.30.100 is conclusive between the parties to the extent that it grants or denies recovery of a sum of money. The foreign judgment is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit.
 Sec. 09.30.120. - Grounds for nonrecognition.
 (a) A foreign judgment is not conclusive if
 (1) the judgment was rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
 (2) the foreign court did not have personal jurisdiction over the defendant; or
 (3) the foreign court did not have jurisdiction over the subject matter.
 (b) A foreign judgment need not be recognized if
 (1) the defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable the defendant to defend;
 (2) the judgment was obtained by fraud;
 (3) the cause of action on which the judgment is based is repugnant to the public policy of this state;
 (4) the judgment conflicts with another final and conclusive judgment;
 (5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or
 (6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
 Sec. 09.30.130. - Personal jurisdiction.
 (a) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if
 (1) the defendant was served personally in the foreign state;
 (2) the defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant;
 (3) the defendant, before the commencement of the proceedings, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
 (4) the defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate, had its principal place of business, was incorporated, or had otherwise acquired corporate status, in the foreign state;
 (5) the defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state; or
 (6) the defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of that operation.
 (b) The courts of this state may recognize other bases of jurisdiction.
 Sec. 09.30.140. - Stay in case of appeal.
 If the defendant satisfies the court either that an appeal is pending or that the defendant is entitled and intends to appeal from the foreign judgment, the court may stay the proceedings until the appeal has been determined or until the expiration of a period of time sufficient to enable the defendant to prosecute the appeal.
 Sec. 09.30.150. - Saving clause.
 AS 09.30.100 - 09.30.180 do not prevent the recognition of a foreign judgment in situations not covered by AS 09.30.100 - 09.30.180.
 Sec. 09.30.160. - Construction.
 AS 09.30.100 - 09.30.180 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Foreign Money-Judgments Recognition Act.
 Sec. 09.30.170. - Definitions.
 In AS 09.30.100 - 09.30.180
 (1) "foreign state" means a governmental unit other than the United States, or a state, district, commonwealth, territory including trust territory, or insular possession thereof;
 (2) "foreign judgment" means a judgment of a foreign state granting or denying recovery of a sum of money other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters.
 Sec. 09.30.180. - Short title.
 AS 09.30.100 - 09.30.180 may be cited as the Uniform Foreign Money-Judgments Recognition Act.
 Sec. 09.30.200. - Filing and status of foreign judgments.
 A copy of a foreign judgment authenticated in accordance with the Act of Congress or the laws of this state may be filed in the office of the clerk of the court with jurisdiction in this state. The clerk shall treat the foreign judgment in the same manner as a domestic judgment. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a domestic judgment and may be enforced or satisfied in like manner.
 Sec. 09.30.210. - Notice of filing.
 (a) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's lawyer shall make and file with the clerk of court an affidavit setting out the name and last known post office address of the judgment debtor, and the judgment creditor.
 (b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
 (c) No execution or other process for enforcement of a foreign judgment filed under AS 09.30.200 - 09.30.270 shall issue until 20 days after the date the judgment is filed.
 Sec. 09.30.220. - Stay.
 (a) If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
 (b) If the judgment debtor shows the court any ground upon which enforcement of a judgment of the court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment that is required in this state.
 Sec. 09.30.230. - Fees.
 A person filing a foreign judgment shall pay to the clerk of court the fee prescribed for the filing of an action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for domestic judgments.
 Sec. 09.30.240. - Optional procedure.
 The right of a judgment creditor to bring an action to enforce the judgment instead of proceeding under AS 09.30.200 - 09.30.270 remains unimpaired.
 Sec. 09.30.250. - Uniformity of interpretation.
 AS 09.30.200 - 09.30.270 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact the Uniform Enforcement of Foreign Judgments Act.
 Sec. 09.30.260. - Definitions.
 In AS 09.30.200 - 09.30.270 "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
 Sec. 09.30.270. - Short title.
 AS 09.30.200 - 09.30.270 may be cited as the Uniform Enforcement of Foreign Judgments Act.
 Sec. 09.30.300. - Satisfaction of judgment.
 (a) Satisfaction of a judgment may be entered upon an execution returned satisfied, or upon an acknowledgment of satisfaction filed with the clerk, which may recite payment of the judgment in full or the acceptance by the judgment creditor of any lesser sum in full satisfaction of the judgment, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor or assignee of record, or by the attorney for the judgment creditor or assignee unless a revocation of the attorney's authority is filed. When a judgment is satisfied otherwise than upon an execution, the judgment creditor or the judgment creditor's attorney shall deliver a written acknowledgment of satisfaction of judgment suitable for recordation immediately upon payment in cash or within 10 days after payment if payment is made in any other manner, and, upon motion, the court may compel an acknowledgment of satisfaction or may order the entry of satisfaction to be made without it. When the state or an authorized officer or agency of the state is the judgment creditor, a written acknowledgment of satisfaction shall be delivered within 15 days after payment in cash or within 30 days after payment if payment is made in any other manner. The entry of satisfaction shall be made upon the civil docket of the court rendering the judgment satisfied.
 (b) A judgment creditor or assignee who, after payment in full of the judgment and after written demand by the judgment debtor, fails without just cause for a period of 30 days to execute and file an acknowledgment of satisfaction with the court is liable to the judgment debtor or the grantees or heirs of the judgment debtor for all damages that may be sustained by reason of that failure and shall also forfeit to the judgment debtor or the grantees or heirs of the judgment debtor the sum of $100.
 Sec. 09.30.310. - Recordation of acknowledgment of satisfaction.
 If a certified copy of the judgment has been recorded with the recorder of any recording district, as provided in AS 09.30.010 , then the acknowledgment required under AS 09.30.300 shall identify the book and page of the official record in which the judgment has been recorded and show the full name of the judgment debtor as it appears upon the judgment recorded.
 Chapter 09.35. - EXECUTION
 Sec. 09.35.010. - Judgments enforceable by execution.
 The party in whose favor a judgment is given that requires the payment of money or the delivery of real or personal property or either of them may have a writ of execution issued for its enforcement.
 Sec. 09.35.020. - Issuance of execution after five years.
 When a period of five years has elapsed after the entry of judgment and without an execution being issued on the judgment, no execution may issue except by order of the court in which judgment is entered. The court shall grant the motion if the court determines that there are just and sufficient reasons for the failure to obtain the writ of execution within five years after the entry of judgment.
 Sec. 09.35.030. - Substance of writ.
 Writs of execution may be against the property of the judgment debtor, another against the person of the judgment debtor, and a third for the delivery of the possession of real or personal property, including damages for withholding the property. A writ of execution must require the officer or person to whom it is directed to proceed substantially as follows:
 (1) if the writ is against the property of the judgment debtor and the judgment directs particular property to be sold, it shall require the officer or person to sell the particular property and apply the proceeds as directed by the judgment; otherwise, it shall require the officer or person to satisfy the judgment, with interest, out of the personal property of the debtor, and, if sufficient personal property cannot be found, then out of the real property belonging to the debtor on the day when the judgment became a lien or at any time after that day;
 (2) if the writ is against real or personal property in the hands of the judgment debtor's personal representatives, heirs, devisees, legatees, tenants, or trustees, it shall require the officer or person to satisfy the judgment, with interest, out of that property;
 (3) if the writ is against the person of an absconding judgment debtor, it shall require the officer or person to arrest the debtor and commit the debtor to jail until the judgment is paid, with interest, or is discharged according to law; if the writ is against the person of any judgment debtor and the application for the writ is made under oath, upon probable cause, and describing the things to be seized as in a warrant, the officer may search and seize valuables from that debtor;
 (4) if the writ is for the delivery of the possession of real or personal property, it shall require the officer or person to deliver the possession of the property, describing it, to the party entitled to it, and may at the same time require the officer or person to satisfy any costs, charges, damages, rents, or profits recovered by that judgment out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was recovered to be specified in the writ, if a delivery cannot be had; and, if sufficient personal property cannot be found, then out of the real property as provided in (1) of this section.
 Sec. 09.35.035. - 09.35.050 - Default judgment or nonappearance of attorney for judgment debtor; execution against the person; imprisonment on execution. [Repealed, Sec. 14 ch 62 SLA 1982].
 Repealed or Renumbered
 Sec. 09.35.060. - Execution after death of judgment debtor.
 If the judgment debtor dies after judgment, execution may be issued on the judgment in the manner and with the effect as if the debtor were still living, except as provided in AS 13.16.505 .
 Sec. 09.35.070. - Property liable.
 All goods, chattels, money, or other property, both real and personal, or an interest in the property of the judgment debtor not exempt by law, and all property and rights of property seized and held under attachment in the action are liable to execution.
 Sec. 09.35.080. - 09.35.090 - Exemptions. [Repealed, Sec. 14 ch 62 SLA 1982. For present provisions see AS 09.38].
 Repealed or Renumbered
 Sec. 09.35.100. - Execution against property.
 The person to whom the writ is directed shall execute the writ against property of the judgment debtor until the judgment is satisfied.
 Sec. 09.35.110. - Execution procedure.
 All property shall be levied upon or released from levy in the manner that similar property is attached or released from attachment, and the proceedings against the garnishee and the liability of the garnishee are the same. Until a levy, property is not affected by the execution. Any excess in proceeds over the judgment and costs shall be returned to the judgment debtor.
 Sec. 09.35.120. - Retention of personal property by judgment debtor. [Repealed, Sec. 14 ch 62 SLA 1982].
 Repealed or Renumbered
 Sec. 09.35.130. - Third party claims.
 If property levied upon is claimed by a third person as the person's property by an affidavit of title to the property, or right to the possession of the property and the ground of the title or right, stating the value of the property, and delivered to the person making the levy, that person shall release the property. However, the plaintiff, on demand of the person, may give the person an undertaking executed by two sufficient sureties in a sum equal to double the value of the property levied upon. The undertaking shall be in favor of and shall indemnify the third person against loss, liability, damages, and costs, by reason of the taking or sale of the property by the person.
 Sec. 09.35.140. - Notice of sale on execution.
 Before the sale of property on execution, notice of the sale shall be given as follows:
 (1) notice of the sale of personal property is given by posting a written or printed notice of the time and place of sale in three public places within five miles of the place where the sale is to be held, not less than 10 days before the day of sale; one of the notices shall be posted at the post office nearest to the place where the sale is to take place;
 (2) notice of the sale of real property is given by posting a similar notice particularly describing the property, including the property's street address if there is a street address for the property, not less than 30 days before the day of sale in three public places, as provided in (1) of this section, and publishing a copy of the notice four times, once a week for four successive weeks in a newspaper of general circulation published nearest to the place of sale; an inaccuracy in the street address may not be used to set aside a sale if the legal description is correct; in this paragraph, "newspaper of general circulation" means a publication that
 (A) is published in newspaper format;
 (B) is distributed at least once a week for at least 50 weeks each year within the judicial district, excluding a period when publication is interrupted by a labor dispute or by a natural disaster or other casualty that the publisher cannot control; and has a total paid circulation or paid distribution of at least 500 copies, or 10 percent of the total population of the judicial district, whichever is less; in this subparagraph, "judicial district" means the judicial district where the place of sale is located;
 (C) holds a second class mailing permit from the United States Postal Service;
 (D) is not published primarily to distribute advertising; and
 (E) is not intended primarily for a particular professional or occupational group.
 Sec. 09.35.142. - Action to establish newspaper status.
 A person who owns a publication may bring an action under AS 22.10.020(g) to establish that the publication is a newspaper of general circulation under AS 09.35.140 (2).
 Sec. 09.35.150. - Sale.
 All sales of property upon execution shall be made at auction between nine o'clock in the morning and four o'clock in the afternoon. After sufficient property has been sold to satisfy the execution, no more may be sold. Neither the officer holding the execution nor a deputy may become a purchaser or be interested in a purchase at the sale. When the sale is of personal property capable of manual delivery, it shall be within view of those who attend the sale unless the court directs the sale to be at some other place. The property shall be sold in parcels that are likely to bring the highest price. When the sale is of real property consisting of several known lots or parcels, they shall be sold separately or otherwise, as is likely to bring the highest price. When a portion of real property is claimed by a third person, that person may require it to be sold separately.
 Sec. 09.35.160. - Postponement of sale.
 (a) If, at the time appointed for the sale, the person conducting it considers it to the advantage of all concerned to postpone the sale for want of purchasers, or other sufficient cause, the sale may be postponed from time to time, but each postponement may not exceed one week. Notice of every postponement shall be made by public proclamation. Whenever a request in writing is made by the judgment creditor for a postponement of the sale to a later date and hour and is given to the person conducting the sale, that person shall by public declaration postpone the sale to the date and hour so fixed.
 (b) If for any reason the sale cannot be held at the time appointed or within 30 days from the original sale date in the case of real property, the officer who is to conduct the sale shall notify the parties or their attorneys and designate a future day for the sale and give notice in the manner provided in AS 09.35.140 .
 Sec. 09.35.170. - Bill of sale for personal property.
 When the purchaser of personal property capable of manual delivery and not in the possession of a third person, association, or corporation pays the purchase money, the peace officer shall deliver the property to the purchaser, and if desired, shall give the purchaser a bill of sale containing an acknowledgment of the payment. In all other sales of personal property, the peace officer shall give the purchaser a bill of sale with the like acknowledgment.
 Sec. 09.35.180. - Confirmation of sale or resale.
 (a) Where real property executed upon has been sold, the judgment creditor may, upon motion, apply for an order confirming the sale. The judgment debtor may object to the confirmation of the sale on the grounds that there were substantial irregularities in the proceedings of sale that caused probable loss or injury to the judgment debtor.
 (b) If the court finds that there were substantial irregularities in the proceedings concerning the sale to the probable loss or injury of the party objecting, it shall deny the motion and direct that the property be resold in whole or in part as upon an execution.
 (c) Upon a resale, the bid of the purchaser at the former sale shall be considered to be renewed and continued in force, and no bid may be taken except for a greater amount. If the property sells to a person other than the former purchaser, the former purchaser shall be repaid out of the proceeds of the resale.
 (d) An order confirming a sale is a conclusive determination of the regularity of the proceedings concerning the sale, as to all persons, in any other action or proceeding.
 Sec. 09.35.190. - Eviction of purchaser.
 If the purchaser of real property sold on execution, or a successor in interest is evicted from the property because of irregularities in the proceedings concerning the sale or the reversal or discharge of the judgment, the purchaser or a successor may recover the price paid with interest, costs, and disbursements from the judgment creditor.
 Sec. 09.35.200. - Contribution among joint judgment debtors.
 When property liable to an execution against several persons is sold and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of the property of one of them or one of them pays more than a due proportion without a sale, that person may compel contributions from the others. When a judgment is against several and is upon an obligation of one of them as security for another and the surety pays the amount or a part of it, either by sale of the surety's property or before sale, the surety may compel repayment from the principal. In that case, the person so paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment if the person files notice of payment and claim to contribution or repayment with the court where the judgment was rendered within 30 days after the payment.
 Sec. 09.35.210. - Absolute sales and right of redemption.
 Sales of real property, when the estate is less than a leasehold of two years unexpired term, are absolute. In all other cases, the real property or interest in real property is subject to redemption. The person conducting the sale shall give to the purchaser a certificate of the sale that indicates the date of the judgment under which the sale was made and contains
 (1) a particular description of the real property sold;
 (2) the price bid for each distinct lot or parcel;
 (3) the whole price paid; and
 (4) whether or not the property is subject to redemption.
 Sec. 09.35.220. - Redemption.
 Property sold subject to redemption or any part separately sold may be redeemed by the following persons or their successors in interest:
 (1) the judgment debtor; and
 (2) a creditor having a lien by judgment or mortgage on the property sold or on some part of it subsequent in time to that on which the property was sold; a lien creditor after having redeemed the property is a redemptioner.
 Sec. 09.35.230. - Redemption by lien creditor from purchaser.
 A lien creditor may redeem the property at any time within 60 days after the date of the order confirming the sale on paying the amount of the purchase money, with interest at the rate of eight per cent a year from the date of the sale, together with the amount of taxes and the expenses under AS 09.35.300 (b) that the purchaser may have paid. If the purchaser is also a creditor having a lien prior to that of the redemptioner, the redemptioner shall also pay the amount of that lien with interest. When unpatented mining claims are redeemed, taxes include the annual assessment work required by law to be performed.
 Sec. 09.35.240. - Subsequent redemptions.
 The property may be again, and as often as a lien creditor or redemptioner is disposed, redeemed from the previous redemptioner within 60 days after the last redemption on paying the sum paid on the last redemption, with interest at eight per cent a year from the date of the last redemption, together with the taxes and expenses under AS 09.35.300(b) that the last redemptioner may have paid and the amount of any liens held by the last redemptioner previous to the lien of the last redemptioner.
 Sec. 09.35.250. - Redemption by judgment debtor or successor.
 The judgment debtor or a successor in interest may redeem the property before the confirmation of sale on paying the amount of the purchase money, with interest at the rate of eight percent a year from the date of sale, together with the amount of any taxes, and, in the case of unpatented mining claims, the annual assessment work required to be performed by law, and expenses under AS 09.35.300 (b) that the purchaser or redemptioner may have paid after the purchase. If the judgment debtor does not redeem before the confirmation of the sale, the judgment debtor may redeem only within 12 months from the order of confirmation.
 Sec. 09.35.260. - Conveyance of property.
 If no redemption is made within the time prescribed, the purchaser or last redemptioner is entitled to a conveyance. If the judgment debtor redeems, the effect of the sale is terminated and the estate of the judgment debtor is restored.
 Sec. 09.35.270. - Procedure for redemption.
 (a) Redemption is made by paying the sum required to the peace officer. Upon a redemption, the peace officer shall give the person redeeming a certificate of redemption containing the sum paid on redemption, from whom redeemed, and the date of such redemption, and the peace officer shall immediately give notice of the redemption to the party from whom redeemed.
 (b) A judgment debtor or redemptioner shall submit to the peace officer
 (1) a copy of the judgment under which the right to redeem is claimed, certified by the clerk of the court; or, if the redemption is upon a mortgage, the certificate of the record of the mortgage;
 (2) a copy of any assignment necessary to establish the claim, verified by the affidavit of the claimant or an agent;
 (3) an affidavit by the claimant or an agent showing the amount then actually due on the judgment or mortgage.
 Sec. 09.35.280. - Priority of redemption.
 If more than one person applies to the peace officer at the same time to redeem, the person having the prior lien is entitled to redeem first.
 Sec. 09.35.290. - Redemption payment or refusal to permit redemption.
 The peace officer shall immediately pay the money over to the person from whom the property is redeemed. A person's right to redeem shall not be prejudiced by the refusal of the peace officer to allow the redemption.
 Sec. 09.35.300. - Waste.
 (a) Until the expiration of the time allowed for redemption, the court may restrain the commission of waste on the property by order granted with or without notice on the application of the purchaser or judgment creditor. It is not waste for the person in possession of the property at the time of sale or entitled to possession afterwards to continue to use it during the period allowed for redemption in the same manner in which it was previously used, or to use it in the ordinary course of husbandry, or to make the necessary repairs to buildings or fences, or to use wood or timber on the property for the repairs or for fuel for the family of the person in possession during occupancy.
 (b) The purchaser at the execution sale or a subsequent purchaser may apply to the court for permission to make necessary repairs to preserve the property against waste or to insure the property against loss during the redemption period. If ordered by the court, the person making the necessary repairs or paying the insurance is entitled to reimbursement for the expenses from the person redeeming the property under this chapter.
 Sec. 09.35.310. - Rights of purchaser and redemptioner.
 The purchaser, from the time of sale until a resale or a redemption, or a redemptioner, from the time of redemption until another redemption, is entitled to the possession of the property purchased or redeemed. Where the property is in the possession of a tenant, the purchaser or redemptioner is entitled to receive the rents of the property or the value of the use and occupation of the property.
 Sec. 09.35.320. - Arrest of judgment debtor and undertaking.
 The court may order a peace officer to arrest the judgment debtor and bring the debtor before the court upon satisfactory proof that the debtor is leaving the state with intent to defraud the debtor's creditors or is absconding. Upon being brought before the court, the judgment debtor may be ordered to enter into an undertaking with one or more sufficient sureties that the debtor will appear before the court when directed, and that the debtor will not, during the pendency of the proceedings, dispose of any portion of the debtor's property not exempt from execution. In default of entering into the undertaking, the judgment debtor may be committed to jail.
 Sec. 09.35.330. - Satisfaction of judgment when judgment debtor is creditor of state or political subdivision.
 Salary, wages, credits, or other personal property in the possession or under the control of the state, or an organized or unorganized borough, city, incorporated town, school district, or other political subdivision, or a board, institution, commission, or officer of the state, belonging or owed to any person, is subject to attachment and execution in the manner and with the effect as property in the possession of private persons. A clerk or officer of a court is not required to answer as to any money or property in the clerk's or officer's possession in the custody of the law.
 Chapter 09.38. - ALASKA EXEMPTIONS ACT
 Sec. 09.38.010. - Homestead exemption.
 (a) An individual is entitled to an exemption as a homestead of the individual's interest in property in this state used as the principal residence of the individual or the dependents of the individual, but the value of the homestead exemption may not exceed $54,000.
 (b) If property owned by the entirety or in common is used by one or more individual owners or their dependents as their principal residence, each owner is entitled to a homestead exemption of that owner's interest in the property as provided in (a) of this section. The aggregate value of multiple homestead exemptions allowable with respect to a single living unit may not exceed $54,000. If there are multiple owners of property exempt as a homestead, the value of the exemption of each individual owner may not exceed the individual owner's pro rata portion of $54,000.
 (c) If property that includes a homestead is sold under an execution, the sale becomes effective upon confirmation by order of the court. The court shall enter the order of confirmation unless, within 60 days after the sale, the individual repurchases the property under this section or the court extends the time for confirmation upon the filing of a timely motion by a party in interest. The individual may repurchase property, including that individual's homestead, at a sale on execution before confirmation by paying into court the costs of the sale plus the lesser of either (1) the difference between the highest bid and the amount of the exemption in the property, or (2) the amount of the creditor's claim. If the individual does not exercise the repurchase right under this subsection, the clerk of the court shall first remit an amount determined to be exempt to the individual from the proceeds of sale and the balance less the cost of the sale to the creditor. For the purpose of collecting an amount remaining unpaid on a judgment after repurchase of property by an individual under this subsection, the creditor or the creditor's assignee may not make another levy on the property repurchased.
 (d) Upon entry of the order of confirmation under (c) of this section and expiration of the time period for repurchase, the clerk may execute a deed to the property and when delivered it shall be sufficient to convey all title of the individual in the premises sold to the purchaser at the sale.
 Sec. 09.38.015. - Property exempt without limitation.
 (a) An individual is entitled to exemption of the following property:
 (1) a burial plot for the individual and the individual's family;
 (2) health aids reasonably necessary to enable the individual or a dependent to work or to sustain health;
 (3) benefits paid or payable for medical, surgical, or hospital care to the extent they are or will be used to pay for the care;
 (4) an award under AS 18.67 (Violent Crimes Compensation Board) or a crime victim's reparations act of another jurisdiction;
 (5) benefits paid or payable as a longevity bonus under AS 47.45;
 (6) compensation or benefits paid or payable and exempt under federal law;
 (7) liquor licenses granted under AS 04;
 (8) limited entry permits granted under AS 16.43, except as provided in that chapter;
 (9) tuition credits under an advance college tuition payment contract authorized under AS 14.40.809 (a);
 (10) a permanent fund dividend to the extent allowed under AS 43.23.065.
 (b) The right to benefits held by the state on behalf of an individual that may become payable by reason of disability, unemployment, or illness, amounts held in the teachers', judicial, or public employees' retirement system, or in the elected public officers' retirement system under former AS 39.37, and child support collections made by the child support enforcement agency are exempt.
 (c) Property of the state, a municipality, and of the Alaska Municipal Bond Bank Authority or another state public corporation is exempt.
 (d) Real property held by a cemetery association established under AS 10.30 for the purpose of a cemetery and not exceeding 80 acres is exempt.
 Sec. 09.38.017. - Exemption of retirement plan interests and payments.
 (a) In addition to the exemption under AS 09.38.015 (b), the following are exempt from a claim of an individual's creditor:
 (1) the interest of the individual in a retirement plan; and
 (2) the money or other assets payable to the individual from a retirement plan.
 (b) The exemptions provided by (a) of this section do not apply to a contribution made by an individual to a retirement plan within 120 days before the individual files for bankruptcy.
 (c) The exemptions provided by (a) of this section do not prevent the payment of benefits under a retirement plan to an alternate payee under a qualified domestic relations order. In this subsection, "qualified domestic relations order" has the meaning given in 26 U.S.C. 414(p).
 (d) A retirement plan exempt from claims under (a) of this section is conclusively presumed to be a spendthrift trust under this section.
 (e) In this section,
 (1) "alternate payee" has the meaning given in 26 U.S.C. 414(p)(8);
 (2) "individual" means an individual who is a participant in, a beneficiary of, or an alternate payee of a retirement plan;
 (3) "retirement plan" means a retirement plan that is qualified under 26 U.S.C. 401(a), 26 U.S.C. 403(a), 26 U.S.C. 403(b), 26 U.S.C. 408, 26 U.S.C. 408A, or 26 U.S.C. 409 (Internal Revenue Code).
 Sec. 09.38.020. - Exemptions of personal property subject to value limitations.
 (a) An individual is entitled to an exemption in property not to exceed an aggregate value of $3,000 chosen by the individual from the following categories of property:
 (1) household goods and wearing apparel reasonably necessary for one household;
 (2) if reasonably held for the personal use of the individual or a dependent, books and musical instruments; and
 (3) family portraits and heirlooms of particular sentimental value to the individual.
 (b) An individual is entitled to exemption of jewelry, not exceeding $1,000 in aggregate value, if held for the personal use of the individual or a dependent.
 (c) An individual is entitled to exemption, not exceeding $2,800 in aggregate value, of implements, professional books, and tools of the trade.
 (d) An individual is entitled to the exemption of pets to the extent of a value not exceeding $1,000.
 (e) An individual is entitled to an exemption of one motor vehicle to the extent of a value not exceeding $3,000 if the full value of the motor vehicle does not exceed $20,000.
 Sec. 09.38.025. - Exemption of unmatured life insurance and annuity contracts.
 (a) Except as provided in this section or AS 09.38.017 , an individual is entitled to exemption of unmatured life insurance and annuity contracts owned by the individual. If the contracts have accrued dividends and loan values available to the individual aggregating more than $10,000, a creditor may obtain a court order requiring the individual debtor to pay the creditor, and authorizing the creditor on the debtor's behalf to obtain payment of, the amount of the accrued dividends and loan values in excess of $10,000 or the amount of the creditor's claim, whichever is less.
 (b) A judgment creditor or other claimant of an insurer may not levy upon any of the assets or securities held in this state as a deposit for the protection of the insurer's policyholders or policyholders and creditors. Deposits under AS 21.09.270 may be levied upon if provided in the order of the director of insurance, Department of Commerce and Economic Development, under which the deposit is made.
 Sec. 09.38.030. - Exemption of earnings and liquid assets.
 (a) Except as provided in (b), (c), (f), and (h) of this section and AS 09.38.050 , an individual debtor is entitled to an exemption of the individual debtor's weekly net earnings not to exceed $350. The weekly net earnings of an individual are determined by subtracting from the weekly gross earnings all sums required by law or court order to be withheld. The weekly net earnings of an individual paid on a monthly basis are determined by subtracting from the monthly gross earnings of the individual all sums required by law or court order to be withheld and dividing the remainder by 4.3. The weekly net earnings of an individual paid on a semi-monthly basis are determined by subtracting from the semi-monthly gross earnings all sums required by law or court order to be withheld and dividing the remainder by 2.17.
 (b) An individual who does not receive earnings either weekly, semi-monthly, or monthly is entitled to a maximum exemption for the aggregate value of cash and other liquid assets available in any month of $1,400, except as provided in (f) and (h) of this section and in AS 09.38.050. The term "liquid assets" includes deposits, securities, notes, drafts, accrued vacation pay, refunds, prepayments, and receivables, but does not include permanent fund dividends before or after receipt by the individual.
 (c) A creditor may levy upon earnings exempt under (a) and (b) of this section if the creditor's claim is
 (1) enforceable against exempt property under AS 09.38.065 (a)(1) or (3); or
 (2) enforceable under an order of a court of bankruptcy under 11 U.S.C. 1301 - 1330 (Bankruptcy Reform Act of 1978).
 (d) If the individual debtor is a nonresident, the limitations on garnishment imposed under 15 U.S.C. 1673 apply.
 (e) The following property, unless exempt without limitation under AS 09.38.015 or 09.38.017, upon receipt by and while it is in the possession of the individual, shall be treated as earnings, income, cash, or other liquid assets under this section:
 (1) benefits paid by reason of disability, illness, or unemployment;
 (2) money or property received for alimony or separate maintenance;
 (3) proceeds of insurance, a judgment, or a settlement, or other rights accruing as a result of bodily injury of the individual or of the wrongful death or bodily injury of another individual of whom the individual was or is a dependent;
 (4) proceeds or benefits paid or payable on the death of an insured, if the individual was the spouse or a dependent of the insured; and
 (5) amounts paid under a stock bonus, pension, profit-sharing, annuity, or similar plan or contract, providing benefits by reason of age, illness, disability, or length of service.
 (f) The state may execute on a judgment awarded to the state and an officer or agent of the state or a state employee, or a former officer, agent, or employee of the state may execute on a judgment to that person against a party to an action who is incarcerated for a criminal conviction by sending a notice of levy to the correctional facility in which the person is incarcerated. All money in an incarcerated person's account at a correctional facility is available for disbursement under a notice of levy under this subsection, in the following order of priority:
 (1) to support the dependents of the incarcerated person and to provide child support payments as required by AS 25.27;
 (2) to satisfy restitution or fines ordered by a sentencing court to be paid by the incarcerated person;
 (3) to pay a civil judgment entered against the incarcerated person as a result of that person's criminal conduct;
 (4) to reimburse the state for an award made for violent crimes compensation under AS 18.67 as a result of the incarcerated person's criminal conduct;
 (5) to satisfy other judgments entered against a prisoner in litigation against the state; in this paragraph, "litigation against the state" has the meaning given in AS 09.19.100 .
 (g) A creditor may levy upon earnings or liquid assets exempt under (a) or (b) of this section if the money is held outside a correctional facility and the claim is for court-ordered restitution to be paid by a prisoner to the creditor under a judgment for conviction of a crime or an adjudication of delinquency.
 (h) In this section,
 (1) "correctional facility" has the meaning given in AS 33.30.901 ;
 (2) "official detention" has the meaning given in AS 11.81.900 (b);
 (3) "prisoner" means a person held under the authority of state or municipal law in official detention.
 Sec. 09.38.035. - Continuing lien on wages.
 (a) In the case of a garnishment of earnings, when the garnishee's answer reflects that the defendant is employed by the garnishee, the judgment or balance due as reflected on the writ of garnishment shall become a lien on earnings due at the time of service of the writ to the extent that they are not exempt from garnishment, and that lien shall continue as to subsequent nonexempt earnings until the total subject to the lien equals the amount stated on the writ of garnishment, except that the lien on subsequent earnings shall terminate sooner if the employment relationship is terminated, if the underlying judgment is vacated, modified, or satisfied in full, or if the writ is dismissed.
 (b) A garnishee shall pay into court all nonexempt earnings of the defendant subject to the continuing lien under (a) of this section. Accrued interest on the judgment or balance due as reflected on the writ of attachment may be garnished under a supplemental writ of garnishment after the principal amount stated on the original writ of garnishment has been paid.
 Sec. 09.38.040. - Priorities between continuing liens.
 A lien obtained under AS 09.38.035 has priority over any subsequent garnishment lien or wage assignment. A writ creating a continuing lien served upon an employer while a continuing lien imposed by a previous writ is still in effect shall be answered by the employer with a statement that the employer is holding no funds and with a further statement stating when all previous liens are expected to terminate. The subsequent writ has full effect from the termination of all prior liens or until it is otherwise terminated under AS 09.38.035 . However, a subsequent writ is not effective if a writ in the same cause of action is pending at the time of service of garnishment.
 Sec. 09.38.045. - Effective date of continuing lien.
 The effective date of a writ creating a continuing lien is the date of service upon the garnishee. However, if there are, on that date, liens by virtue of previous writs, the effective date is the date all previous writs terminate.
 Sec. 09.38.050. - Increased exemption amount.
 (a) An individual debtor who is in possession of money that was obtained as payment for an injury or disability may request the court to order an increase in the exemption amounts under AS 09.38.030 . The individual debtor shall submit affidavits or offer testimony in support of the request as required by the court. The court shall determine the exemption amount after consideration of the individual's responsibilities and all the present and anticipated property and income of the individual, including that which is exempt.
 (b) The exemption amounts under AS 09.38.030 may be increased when the individual submits an affidavit, under penalty of perjury, stating that the individual's earnings alone support the individual's household; by so doing, the maximum part of the individual's aggregate disposable earnings for any week subject to execution may not exceed the amount by which the individual's disposable earnings for that week exceed $550, or, if the individual is claiming an exemption for cash or other liquid assets under AS 09.38.030 (b), a maximum amount of $2,200 available in a month is exempt.
 Sec. 09.38.055. - Bankruptcy proceedings.
 In a proceeding under 11 U.S.C. (Bankruptcy) only the exemptions under AS 09.38.010 , 09.38.015(a), 09.38.017, 09.38.020, 09.38.025 and 09.38.030 apply.
 Sec. 09.38.060. - Tracing exempt property.
 (a) If property, or a part of it, that could have been claimed as an exempt homestead under AS 09.38.010 , a burial plot under AS 09.38.015(a)(1), a health aid under AS 09.38.015 (a)(2), or personal property subject to a value limitation under AS 09.38.020 (a)(1), or (2) or 09.38.020(c), has been taken or sold by condemnation, or has been lost, damaged, or destroyed and the owner has been indemnified for it, the individual is entitled to an exemption of proceeds that are traceable for 12 months after the proceeds are received. An individual is entitled to an exemption of proceeds from the voluntary sale of an exempt homestead under AS 09.38.010 that are traceable for six months after the proceeds are received. The exemption of proceeds under this subsection does not entitle the individual to claim an aggregate exemption in excess of the value limitation otherwise allowable under AS 09.38.010 or 09.38.020.
 (b) Money or other property and proceeds exempt under this chapter are traceable under this section by application of the principle of first-in first-out, last-in first-out, or any other reasonable basis for tracing selected by the individual claiming the exemption.
 Sec. 09.38.065. - Claims enforceable against exempt property.
 (a) Notwithstanding other provisions of this chapter,
 (1) a creditor may make a levy against exempt property of any kind to enforce a claim for
 (A) child support;
 (B) unpaid earnings of up to one month's compensation or the full-time equivalent of one month's compensation for personal services of an employee; or
 (C) state or local taxes;
 (2) a creditor may make a levy against exempt property to enforce a claim for
 (A) the purchase price of the property or a loan made for the express purpose of enabling an individual to purchase the property and used for that purpose;
 (B) labor or materials furnished to make, repair, improve, preserve, store, or transport the property; and
 (C) a special assessment imposed to defray costs of a public improvement benefiting the property; and
 (3) a creditor may make a levy against exempt property of any kind to enforce the claim of a crime victim if the claim arises from criminal conduct of the debtor that results in a felony conviction, except that the debtor is entitled to an exemption in property
 (A) not to exceed an aggregate value of $3,000 chosen by the debtor from the following categories of property:
 (i) household goods and wearing apparel reasonably necessary for one household;
 (ii) books and musical instruments, if reasonably held for the personal use of the debtor or a dependent of the debtor; and
 (iii) family portraits and heirlooms of particular sentimental value to the debtor; and
 (B) not to exceed an aggregate value of $2,800 of the debtor's implements, professional books, and tools of the trade.
 (b) Except as provided in AS 09.38.070 limiting the enforcement of certain security interests, this chapter does not affect any statutory lien or security interest in exempt property.
 (c) A creditor having a claim enforceable under (a) of this section against exempt property, before, at the time of, or a reasonable time after making a levy on property of an individual, shall serve on the individual a notice of the levy and of the basis for the creditor's right to make a levy on exempt property.
 (d) In this section, "victim" has the meaning given in AS 12.55.185 .
 Sec. 09.38.070. - Limitation on enforcement of certain security interests in exempt goods.
 (a) This section applies to a security interest, except a purchase-money security interest, or a security interest in a motor vehicle, in an item of goods (1) possessed by an individual, (2) being used by that individual or a dependent, and (3) exempt under AS 09.38.020(a) - (d).
 (b) Unless the individual, after receiving written notice of the individual's rights under this section, voluntarily surrenders to the secured creditor possession of an item of goods to which this section applies, the creditor may not take possession of the item or otherwise enforce the security interest according to its terms without an order or process of court.
 (c) The court may order or authorize process respecting any item of goods to which this section applies only after a hearing, upon notice to the individual of the hearing and of the individual's rights at it. The notice shall be as directed by the court. The order or authorization may prescribe appropriate conditions as to payments upon the debt secured or otherwise. The court may not order or authorize process respecting the item if it finds upon the hearing both that the individual lacks the means to pay all or part of the debt secured and that continued possession or use of the item is necessary to avoid undue hardship for the individual or a dependent.
 (d) The court, upon application of the creditor or the individual and notice to the other and after a hearing and finding of changed circumstances, may vacate or modify an order or authorization under this section.
 Sec. 09.38.075. - Special procedures relating to limited value exemptions; burden of proof.
 (a) Unless a creditor is seeking collection of a claim enforceable against exempt property under AS 09.38.065 , the creditor may obtain a levy on an individual's property of a kind listed in AS 09.38.020 only by complying with this section. Before levy, the creditor shall file with the court out of which the process issues
 (1) an affidavit stating that the creditor has reason to believe the individual has property of a kind listed in AS 09.38.020 that is not exempt, identifying the property, setting out facts constituting the basis for believing the property is not exempt; and
 (2) a request for an order by the court notifying the individual
 (A) of the creditor's claim of a right to levy on the property identified as nonexempt;
 (B) of the individual's right to contest the creditor's claim of a right to levy by filing with the clerk of the court, on or before a date fixed by the court, but not exceeding 15 days after the issuance of the order, a written objection to the proposed levy and a statement of the grounds for the objection and of the right to describe the property in lieu of setting its value;
 (C) of the possible consequences of failure to respond to the notice as provided in (c) of this section; and
 (D) of the information required by AS 09.38.085 (a).
 (b) Notice of an order issued in accordance with a request under (a) of this section, together with the creditor's affidavit, shall be served on the individual. The order shall restrain the individual from removing, encumbering, damaging, or disposing of any property of the kind listed in AS 09.38.020 for 30 days after receipt of the order, unless the court reduces, extends, or otherwise modifies the restraining order during the 30-day period.
 (c) If exemption of property identified in a notice served on an individual under (b) of this section depends on its value, the individual may describe the property in the responsive statement and indicate the amount of any indebtedness chargeable against it. If the individual, within the time allowed by the order of the court, fails to respond to a notice served under (b) of this section that the creditor believes the debtor has nonexempt property of a kind listed under AS 09.38.020, the court may order the individual to appear and disclose the description, location, and value of the individual's property. If the individual fails to appear and disclose the information specified in the order, the individual waives objection to the creditor's levy on property of that kind.
 (d) Except to the extent the procedure is prescribed by this section, AS 09.38.080 (e) governs a proceeding for the determination of a contest in respect to a claim to exemption of property under AS 09.38.020 .
 (e) Costs incurred in making, or proposing to make, a levy on property of a kind listed in AS 09.38.020 shall be paid out of the proceeds of a sale of property of that kind. If the proceeds of a sale of the property are insufficient to cover the costs incurred in proceedings commenced under this section, the creditor shall pay the costs and may not recover them from the individual, notwithstanding any agreement of the parties to the contrary.
 (f) The burden of proving the validity of an exemption by a preponderance of the evidence is upon the individual claiming the exemption.
 Sec. 09.38.080. - Procedures applicable to a levy on property of an individual.
 (a) Except in a proceeding under AS 09.38.065 , a creditor shall comply with this section in obtaining a levy on property of an individual. In a proceeding to levy on personal property of a kind listed in AS 09.38.020, a creditor shall comply with this section and AS 09.38.075 .
 (b) Before, at the time of, or within three days after levy against property of an individual, the creditor shall file with the court from which the process issued an affidavit stating that the creditor has reason to believe the individual has property that is not exempt, identifying the property, and stating facts constituting the basis for that belief.
 (c) Before, at the time of, or within three days after levy, the creditor shall serve on the individual a notice under AS 09.38.085 , including a copy of the affidavit filed under (b) of this section.
 (d) A bid for property that is less than the amount of the exempt value is not acceptable at a sale of property under a levy. If indebtedness secured by a valid lien is chargeable against the proceeds of the sale, the bid must exceed the amount of the indebtedness secured plus the amount of the exempt value. If a sufficient bid is not received, the officer shall file a notation of the fact with the clerk of the court and return the property to the individual. The costs incurred during levy, offering the property for sale, and returning the property shall be assessed against the creditor and are not recoverable from the individual, notwithstanding any agreement of the parties to the contrary.
 (e) If any question arises as to the rights of an individual entitled to an exemption under this chapter, an interested person may file with the clerk of the court from which the process issued a statement of the claim of exemptions and the question raised. The statement shall be referred to the court as soon as practicable thereafter. The court shall order that notice of a hearing be given. After hearing the matter, the court shall make findings and issue an appropriate order. The court may award to the prevailing party costs of a proceeding under this subsection.
 (f) An objection to levy on the ground that the property seized is exempt must be filed with the clerk of the court within 15 days after the levy. The burden of proving the validity of an exemption by a preponderance of the evidence is upon the individual claiming the exemption. Failure to file a timely objection may be held to be a waiver of a claim to exemption in the property, unless for cause shown the court excuses the failure.
 Sec. 09.38.085. - Contents of notice; forms.
 (a) The notice required by AS 09.38.075 (b) and 09.38.080(c) must include the following information:
 (1) the amount and date of the judgment to be enforced by levy and sale or other mode of appropriating the individual's property;
 (2) the name and address of the clerk of the court with whom objections must be filed;
 (3) the name and address of the creditor and of the creditor's attorney, if any;
 (4) a copy of the affidavit filed under AS 09.38.080 (b);
 (5) a summary statement in lay terminology of the exemptions provided by the laws of this state;
 (6) a summary statement in lay terminology of the procedures for claiming exemptions, objecting to a levy on exempt property, changing venue, and exercising the right to repurchase homestead property from a sale before its confirmation; and
 (7) a statement in lay terminology of the rights of persons other than the individual as provided in AS 09.38.090 .
 (b) The supreme court may prescribe forms to be used by creditors, debtors, and court officers under this chapter.
 (c) A notice substantially complying with this section is effective even though the notice contains errors if those errors do not result in substantial prejudice to the rights of the individual debtor or of the dependents of the individual debtor.
 Sec. 09.38.090. - Assertion of rights by another.
 If an individual fails to select property entitled to be claimed as exempt or to object to a levy on the property or to assert any other right under this chapter, the spouse or a dependent of the individual or any other person authorized by law may make the claim or objection or assert the rights provided by this chapter.
 Sec. 09.38.095. - Judicial relief.
 (a) An individual or the spouse, a dependent of the individual, or any other person authorized by law is entitled to injunctive relief, damages, or both, against a creditor or other person to prevent or redress a violation of this chapter as provided in the Alaska Rules of Civil Procedure. A court may award costs and reasonable attorney fees to a party entitled to injunctive relief or damages.
 (b) For cause shown the court may relieve a person from the consequences of failing to take timely action to assert rights under this chapter.
 Sec. 09.38.100. - Debtor's property owned with another.
 Sec. 09.38.100. Debtor's property owned with another.
 (a) If an individual and another own property in this state as tenants in common or tenants by the entirety, a creditor of the individual, subject to the individual's right to claim an exemption under this chapter, may obtain a levy on and sale of the interest of the individual in the property. A creditor who has obtained a levy, or a purchaser who has purchased the individual's interest at the sale, may have the property partitioned or the individual's interest severed.
 (b) A partner's right in specific partnership property is exempt except on a claim against the partnership. If partnership property is attached for a partnership debt, the partners or any of them or the representatives of a deceased partner may not claim an exemption for that property under this chapter.
 Sec. 09.38.105. - Waiver of exemption.
 A waiver of exemption executed in favor of an unsecured creditor before levy on an individual's property is unenforceable, but a valid security interest may be given in exempt property.
 Sec. 09.38.110. - Federal requirements.
 If a federal department or agency issues a formal ruling that a section of this chapter relating to public assistance will cause a state plan for the delivery of services or benefits to be out of conformity with federal requirements, the section will not apply to the extent that it causes the program to be out of conformity with federal requirements.
 Sec. 09.38.115. - Adjustment of dollar amounts.
 (a) The dollar amounts in this chapter change, as provided in this section, according to and to the extent of changes in the Consumer Price Index for all Urban Consumers for the Anchorage Metropolitan Area compiled by the Bureau of Labor Statistics, United States Department of Labor (the index). The index for January of 1982 is the reference base index.
 (b) The dollar amounts change on October 1 of each even-numbered year if the percentage of change, calculated to the nearest whole percentage point, between the index for January of that year and the most recent index used to change the exemption amount, is 10 percent or more, but
 (1) the portion of the percentage change in the index in excess of a multiple of 10 percent is disregarded and the dollar amounts change only in multiples of 10 percent of the amounts appearing in this chapter on August 26, 1982; and
 (2) the dollar amounts do not change if the amounts required by this section are those currently in effect as a result of earlier application of this section.
 (c) If the index is revised, the percentage of change is calculated on the basis of the revised index. If a revision of the index changes the reference base index, a revised reference base index is determined by multiplying the reference base index applicable by the rebasing factor furnished by the United States Bureau of Labor Statistics. If the index is superseded, the index referred to in this section is the one represented by the Bureau of Labor Statistics as reflecting most accurately changes in the purchasing power of the dollar for Alaskan consumers.
 (d) The Department of Labor shall adopt a regulation announcing
 (1) on or before June 30 of each year in which dollar amounts are to change, the changes in dollar amounts required by (b) of this section; and
 (2) promptly after the changes occur, changes in the index required by (c) of this section, including, if applicable, the numerical equivalent of the reference base index under a revised reference base index and the designation or title of any index superseding the index.
 (e) The Department of Labor shall also provide notification of a change in exemption amounts required under (c) of this section to the clerks of court in each judicial district of the state.
 Sec. 09.38.120. - Protection of property of residents and nonresidents.
 (a) Residents of this state are entitled to the exemptions provided under this chapter. Nonresidents are entitled to the exemptions provided by the law of the jurisdiction of their residence.
 (b) The term "resident" means an individual who is physically present in the state and who intends to maintain a permanent home in Alaska.
 Sec. 09.38.500. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "burial plot" means a parcel of real estate that is used for burial of human remains and that is located within an area designated for cemetery purposes by the state or a municipality;
 (2) "debt" means a legally enforceable monetary obligation or liability of an individual, whether arising out of contract, tort, or otherwise;
 (3) "dependent" means an individual who derives support primarily from another individual;
 (4) "earnings" means money received by an individual for personal services and denominated as wages, salary, commissions, or otherwise;
 (5) "exempt" means protected, and "exemption" means protection, from subjection to process or a proceeding to collect an unsecured debt;
 (6) "household goods" includes those items that make a residence habitable according to modern standards;
 (7) "judicial lien" means a lien on property obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding instituted for the purpose of collecting an unsecured debt;
 (8) "levy" means the seizure of property under a writ of attachment, garnishment, execution, or any similar legal or equitable process issued for the purpose of collecting an unsecured debt;
 (9) "lien" means
 (A) a security interest;
 (B) a judicial or statutory lien;
 (C) a common law lien on property
 (i) only if the lien was consented to by the owner of the property affected; or
 (ii) if not consented to by the owner of the property affected as provided in (i) of this subparagraph, only when the lien is accompanied by a specific order authorizing the recording or filing of the lien issued by a court of competent jurisdiction recognized under state or federal law, which order shall be recorded or filed with the lien; or
 (D) any interest in property other than one described in (A) - (C) of this paragraph securing payment of a debt or performance of an obligation;
 (10) "principal residence" means the actual dwelling place of an individual or dependents of the individual and includes real and personal property;
 (11) "security interest" means an interest in property created by contract to secure payment or performance of an obligation;
 (12) "serve notice" means to give the person to be served a written personal notice in the same manner a summons in a civil action is served, or to mail the notice to the person's last known address by first-class mail and by using a form of mail requiring a signed receipt;
 (13) "statutory lien" means a lien arising by force of a statute under specified circumstances or conditions, but does not include a security interest;
 (14) "value" means fair market value of an individual's interest in property, exclusive of liens of record;
 (15) "wearing apparel" means clothing and garments intended and adapted to be worn on the person to protect the person against the elements or to provide personal comfort or decency, or serving to ornament the person but does not include jewelry.
 Sec. 09.38.510. - Short title.
 This chapter may be cited as the Alaska Exemptions Act.
 Chapter 09.40. - PROVISIONAL REMEDIES
 Article 01 - ATTACHMENT
 Sec. 09.40.010. - Actions in which attachment is authorized.
 (a) At any time after an action has been commenced the plaintiff may make application to the court to have the property of the defendant attached as security for the satisfaction of a judgment that may be recovered in the following cases:
 (1) in an action upon an express or implied contract for the payment of money if the contract is neither secured by mortgage, lien, nor pledge upon real or personal property, or, if secured, the security is insufficient to satisfy a judgment that may be recovered by the plaintiff;
 (2) in an action upon an express or implied contract against a defendant not residing in the state;
 (3) in an action for the collection of a state tax or license fee.
 (b) An attachment may not issue if the defendant gives security to pay a judgment that may be recovered as provided in AS 09.40.010 - 09.40.110.
 Sec. 09.40.020. - Undertaking.
 Before the writ is issued, the plaintiff shall give a written undertaking with sufficient sureties to the effect that, if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant and all damages that the defendant may sustain by reason of the attachment, not exceeding the sum specified in the undertaking, and that, if the attachment is discharged on the ground that the plaintiff was not entitled to it under AS 09.40.010 - 09.40.110, the plaintiff will pay all damages that the defendant may have sustained by reason of the attachment, not exceeding the sum specified in the undertaking. The sum specified in the undertaking shall be equal to the amount claimed by the plaintiff, but not less than $100.
 Sec. 09.40.025. - Appointment of person to serve attachment process.
 Service of all process relating to attachment may be made by a person specially appointed by the court for that purpose.
 Sec. 09.40.030. - Property subject to attachment.
 All property in the state not exempt from execution may be attached.
 Sec. 09.40.040. - Third party liability.
 All persons having in their possession personal property belonging to the defendant or owing a debt to the defendant at the time of service upon them of the writ and notice shall deliver, transfer, or pay the property or debts to the peace officer, or be liable to the plaintiff for the amount of the property or debts until the attachment is discharged or a judgment recovered by plaintiff is satisfied. Debts and other personal property may be delivered, transferred, or paid to the peace officer without suit, and the receipt of the officer is a sufficient discharge.
 Sec. 09.40.050. - Lien on real estate.
 If real property is attached, the peace officer shall make a certificate containing the title of the cause, the names of the parties, a description of the property attached, the date of attachment, a statement that a writ of attachment has been issued, and the date of issuance, and shall within 10 days deliver the certificate to the recorder of the recording district in which the real property is situated. The recorder shall record the certificate in a book to be kept for that purpose. When the certificate is recorded, the lien in favor of the plaintiff attaches to the real property described in the certificate from the date of the attachment, but if recorded afterwards, it only attaches as against third persons from the date of the subsequent recording. Whenever the lien is discharged, it is the duty of the recorder, when requested, to record the transcript of an order, entry of satisfaction of judgment, or other proceeding of record whereby it appears that the lien has been discharged.
 Sec. 09.40.060. - Third party indebted to defendant or possessing property of defendant.
 When a peace officer with a writ of attachment applies to a person for the purpose of attaching property mentioned in the attachment, the person shall within a reasonable time and in any event within 24 hours furnish the peace officer with a statement designating the amount and description of any personal property in the person's possession belonging to the defendant, or any debt the person owes to the defendant. If the person refuses to do so, or if the statement is unsatisfactory to the plaintiff, the person may be ordered to appear before the court and be examined concerning the property or debt.
 Sec. 09.40.070. - Sale of perishable property.
 If any of the property attached is perishable, the peace officer shall sell the property in the manner in which property is sold on execution. The proceeds and other property attached shall be retained by the officer to answer a judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the levy of attachment.
 Sec. 09.40.080. - Liability on undertaking.
 In a proceeding brought against the principal or the sureties upon an undertaking given to secure the release of attached property, it is a defense that the property for which the undertaking was given did not, at the execution of the writ of attachment, belong to the defendant against whom it was issued.
 Sec. 09.40.090. - Disposition of property after judgment in plaintiff's favor.
 Sec. 09.40.090. Disposition of property after judgment in plaintiff's favor.
 When plaintiff recovers judgment, the property attached in the suit was not sold as perishable property or discharged from the attachment, the court shall order the property to be sold to satisfy the plaintiff's demands. If execution is issued upon the judgment, the peace officer shall apply the property attached, including money or the proceeds from the sale of the property, upon the execution. If there is any of the property or proceeds remaining after satisfying the execution, the peace officer shall, upon demand, deliver the property or proceeds to the defendant.
 Sec. 09.40.100. - Return of property upon judgment for defendant.
 If the defendant recovers judgment against the plaintiff and no appeal is taken, all the property attached, the proceeds from property attached, and the undertaking received in the action shall be delivered to the defendant upon service upon the peace officer of a certified copy of the order discharging the attachment.
 Sec. 09.40.110. - Delivery of property to defendant and redelivery bond.
 The peace officer may deliver any of the property attached to the defendant, or to a person claiming it, upon the giving of a written undertaking for the property executed by one or more sufficient sureties, engaging to redeliver it or pay the value of the property to the peace officer to whom execution upon a judgment obtained by the plaintiff in that action may be issued.
 Sec. 09.40.120. - Arrest and bail in civil actions.
 The plaintiff in a civil action may have the defendant arrested and held to bail in the manner provided in AS 09.40.120 - 09.40.220. The writ of ne exeat is abolished.
 Sec. 09.40.130. - Grounds for arrest.
 The defendant may be arrested in an action for debt when the defendant is about to remove from the state with intent to defraud creditors or is absconding.
 Sec. 09.40.140. - Order for arrest.
 An order for the arrest of the defendant may be obtained only from a judge of the court in which the action is brought. The order shall be made immediately whenever it appears to the judge that a sufficient claim and proper grounds exist.
 Sec. 09.40.150. - Undertaking by plaintiff.
 Before making the order, the judge shall require an undertaking on the part of the plaintiff, with one or more sufficient sureties, to the effect that the plaintiff will pay all costs that may be adjudged to the defendant, and all damages that the defendant may sustain by reason of the arrest if the same be wrongful or without sufficient cause, not exceeding the sum specified in the undertaking. The undertaking shall be in a sum to be fixed by the judge, but not less than $300.
 Sec. 09.40.160. - Time for order for arrest.
 The order may be made at the time of the issuing of the summons or afterwards but before the judgment. It shall require a peace officer to immediately arrest the defendant and to hold the defendant to bail in the amount specified.
 Sec. 09.40.170. - Discharge on bail or deposit.
 The defendant, at any time before execution, shall be discharged from the arrest either upon giving bail or upon depositing the amount mentioned in the order for arrest.
 Sec. 09.40.180. - Amount of bail.
 The defendant may give bail by causing a written undertaking to be executed by one or more sufficient sureties to the effect that they are bound in the amount mentioned in the order for arrest, that the defendant will be amenable to the process of the court during the pendency of the action and to processes that may be issued to enforce the judgment, or that they will pay the plaintiff the amount of the judgment that may be recovered in the action.
 Sec. 09.40.190. - Surrender of defendant by bail or in person.
 At any time before failure to comply with the undertaking, the bail may surrender the defendant in their exoneration, or the defendant may surrender to a peace officer of the court where the action is pending.
 Sec. 09.40.200. - Arrest of defendant by or on authority of bail.
 For the purpose of surrendering the defendant, the bail, at any time and place before they are finally charged, may personally arrest the defendant, or, by a written authority endorsed on a certified copy of the undertaking, may empower a peace officer to do so. Upon the arrest of the defendant by a peace officer, or upon delivery of the defendant to the peace officer by the bail, or upon the defendant's own surrender, the bail are exonerated if the arrest, delivery, or surrender takes place at a time before judgment. But if the arrest, delivery, or surrender does not take place before judgment, the bail are finally charged on their undertaking, and bound to pay the amount of the judgment.
 Sec. 09.40.210. - Exoneration of bail.
 The bail are exonerated by the defendant's death, imprisonment in a penitentiary, or legal discharge from the obligation to be amenable to the process.
 Sec. 09.40.220. - Motion to vacate order for arrest or to reduce bail.
 A defendant arrested may, at any time before judgment, apply on a motion to the court or a judge of the court in which the action is pending to vacate the order for arrest or to reduce the amount of bail. If upon the hearing of the motion it appears that there was not sufficient cause for the arrest, the order shall be vacated; or if it appears that the bail was fixed too high, the amount shall be reduced.
 Sec. 09.40.230. - Authorization for injunction.
 When it appears that (1) the plaintiff is entitled to the relief demanded, and the relief or any part of it includes restraining the commission or continuance of some act, the commission or continuance of which during the litigation would produce injury to the plaintiff; or (2) the defendant is doing, or threatens or is about to do, or is procuring or suffering to be done some act in violation of the plaintiff's rights concerning the subject of the action and tending to render the judgment ineffectual; or (3) the defendant threatens or is about to remove or dispose of property or a part of it with intent to delay or defraud creditors, an injunction may be allowed to restrain such act, removal, or disposition.
 Sec. 09.40.240. - Appointment of receivers.
 A receiver may be appointed by the court in any action or proceeding except an action for the recovery of specific personal property
 (1) provisionally, before judgment, on the application of either party, when the party's right to the property which is the subject of the action or proceeding and which is in the possession of an adverse party is probable, and where it is shown that the property or its rents or profits are in danger of being lost or materially injured or impaired;
 (2) after judgment, to carry the judgment into effect;
 (3) after judgment, to dispose of the property according to the judgment or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the debtor refuses to apply the debtor's property in satisfaction of the judgment;
 (4) in the cases when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights;
 (5) in the cases when a debtor has been declared insolvent.
 Sec. 09.40.250. - Oath and undertaking of receiver.
 Before entering upon any duties, a receiver shall be sworn to perform them faithfully, and shall file with the clerk of court an undertaking with one or more sufficient sureties in the sum the court may direct to the effect that the receiver will faithfully discharge the duties of receiver and obey the orders of the court.
 Sec. 09.40.260. - Claim for delivery of personal property.
 In an action to recover possession of personal property, the plaintiff may, at any time after the action is commenced and before judgment, claim the immediate delivery of the property.
 Sec. 09.40.270. - Undertaking.
 A peace officer may not take personal property into custody until the plaintiff delivers to the peace officer the affidavit and undertaking of sufficient sureties to the effect that they are bound in double the value of the property for the prosecution of the action and the return of the property to the defendant, if return be adjudged, and for the payment to the defendant of any sum that may be recovered against the plaintiff.
 Sec. 09.40.280. - Undertaking for return of property to defendant.
 The defendant, may, within the time set by the court, require the return of the property upon delivering to the peace officer having custody of the property a written undertaking approved by the clerk of the court and executed by sufficient sureties to the effect that they are bound in double the value of the property for the delivery of the property to the plaintiff, if such delivery be adjudged, and for the payment to the plaintiff of such sum as may, for any cause, be recovered against the defendant.
 Sec. 09.40.290. - Property concealed in building or enclosure, demand and entry to effect seizure.
 If the property or any part of it is concealed in a building or enclosure, the peace officer shall publicly demand its delivery. If it is not delivered, the peace officer shall cause the building or enclosure to be broken open and take the property into possession.
 Sec. 09.40.300. - Custody of property seized.
 When the peace officer has taken the property into custody, the peace officer is responsible for it and shall keep it in a secure place and deliver it to the party entitled to it upon receiving the lawful fees for taking and the necessary expenses for keeping it.
 Sec. 09.40.310. - Third party claims.
 If the property taken is claimed by any person other than the defendant, and that person makes an affidavit of title to the property or the right to the possession of it, stating the grounds of the title or right, and serves it upon the peace officer taking the property while the property is still in the peace officer's custody, the peace officer may release the property unless the plaintiff, on demand of the officer, indemnifies the peace officer against the third party claim by a written undertaking approved by the clerk of court and executed by sufficient sureties.
 Chapter 09.43. - ARBITRATION
 Sec. 09.43.010. - Arbitration agreements valid; application of article.
 A written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a subsequent controversy between the parties is valid, enforceable, and irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract. However, AS 09.43.010 - 09.43.180 do not apply to a labor-management contract unless they are incorporated into the contract by reference or their application is provided for by statute.
 Sec. 09.43.020. - Proceedings to compel or stay arbitration.
 (a) On application of a party showing an agreement described in AS 09.43.010, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue and if the agreement is found to exist shall order arbitration.
 (b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. The issue, when in substantial and bona fide dispute, shall be immediately and summarily tried and the stay ordered if no agreement is found to exist. If found for the opposing party, the court shall order the parties to proceed to arbitration.
 (c) If an issue subject to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under (a) of this section, the application shall be made in that court. Otherwise the application may be made in any court of competent jurisdiction.
 (d) An action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for the order has been made under this section or, if the issue is severable, the stay may be with respect to the issue only.
 (e) An order for arbitration may not be refused on the ground that the claim in issue lacks merit or because a fault or ground for the claims sought to be arbitrated has not been shown.
 Sec. 09.43.030. - Appointment of arbitrators by court.
 If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. If no method of appointment is provided, or if the agreed method fails or for any reason cannot be followed, or when before the hearing an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.
 Sec. 09.43.040. - Majority action by arbitrators.
 The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by AS 09.43.010 - 09.43.180.
 Sec. 09.43.050. - Hearing.
 Unless otherwise provided by the agreement,
 (1) the arbitrators shall set a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing; appearance at the hearing waives the notice; the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause or upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date; the arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a properly notified party to appear;
 (2) the parties are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing;
 (3) the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award; if, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals shall continue with the hearing and determination of the controversy.
 Sec. 09.43.060. - Representation by attorney.
 A party has the right to be represented by an attorney at a proceeding or hearing under AS 09.43.010 - 09.43.180. A waiver of the right before the proceeding or hearing is ineffective.
 Sec. 09.43.070. - Witnesses, subpoenas, depositions.
 (a) The arbitrators may cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths. Subpoenas shall be served, and upon application to the court by a party or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.
 (b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
 (c) All provisions of law compelling a person under subpoena to testify are applicable.
 (d) Fees for attendance as a witness shall be the same as for a witness in the superior court.
 Sec. 09.43.080. - Award.
 (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
 (b) An award shall be made within the time fixed by the agreement or, if not so fixed, within the time the court orders on application of a party. The parties may extend the time in writing either before or after the expiration of the time. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of the objection before the delivery of the award to that party.
 Sec. 09.43.090. - Modification of award by arbitrators.
 On application to the arbitrators by a party or, if an application to the court by a party is pending under AS 09.43.110 - 09.43.130 on submission to the arbitrators by the court under the conditions the court may order, the arbitrators may modify or correct the award upon the grounds stated in AS 09.43.130 (a)(1) and (3), or for the purpose of clarifying the award. An application to the arbitrators by a party shall be made within 20 days after delivery of the award to the applicant. Written notice of the application shall be given promptly to the opposing party, stating that objections to the application must be served within 10 days from the notice. A modified or corrected award is subject to the provisions of AS 09.43.110 - 09.43.130.
 Sec. 09.43.100. - Fees and expenses of arbitration.
 Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
 Sec. 09.43.110. - Confirmation of an award.
 Upon application of a party, the court shall confirm an award unless within the time limits imposed by AS 09.43.120 and 09.43.130 grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in AS 09.43.120 and 09.43.130.
 Sec. 09.43.120. - Vacating an award.
 (a) On application of a party, the court shall vacate an award if
 (1) the award was procured by fraud or other undue means;
 (2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of a party;
 (3) the arbitrators exceeded their powers;
 (4) the arbitrators refused to postpone the hearing upon sufficient cause being shown for postponement or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of AS 09.43.050 , as to prejudice substantially the rights of a party; or
 (5) there was no arbitration agreement and the issue was not adversely determined in proceedings under AS 09.43.020 and the party did not participate in the arbitration hearing without raising the objection.
 (b) The fact that the relief is such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
 (c) An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant. However, if the application is predicated upon corruption, fraud, or other undue means by either the opposing party or an arbitrator, it shall be made within 90 days after the grounds are known or should have been known.
 (d) In vacating the award on grounds other than those stated in (a)(5) of this section the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence of a provision in the agreement, by the court in accordance with AS 09.43.030 , or, if the award is vacated on grounds set out in (a)(3) or (4) of this section, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with AS 09.43.030. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
 (e) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
 Sec. 09.43.130. - Modification or correction of award by court.
 (a) On application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award if
 (1) there was an evident miscalculation of figures or an evident mistake in the description of a person, thing or property referred to in the award;
 (2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
 (3) the award is imperfect in a matter of form not affecting the merits of the controversy.
 (b) If the application is granted, the court shall modify and correct the award to effect its intent and shall confirm the award as modified and corrected. Otherwise, the court shall confirm the award as made.
 (c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
 Sec. 09.43.140. - Judgment or decree on award.
 Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered in conformity with the award and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent to the application, and disbursements may be awarded by the court.
 Sec. 09.43.150. - Applications to court.
 An application to the court under AS 09.43.010 - 09.43.180 shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
 Sec. 09.43.160. - Appeals.
 (a) An appeal may be taken from
 (1) an order denying an application to compel arbitration made under AS 09.43.020 ;
 (2) an order granting an application to stay arbitration made under AS 09.43.020 (b);
 (3) an order confirming or denying confirmation of an award;
 (4) an order modifying or correcting an award;
 (5) an order vacating an award without directing a rehearing; or
 (6) a judgment or decree entered under the provisions of AS 09.43.010 - 09.43.180.
 (b) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
 Sec. 09.43.170. - Court, jurisdiction.
 In AS 09.43.010 - 09.43.180, the term "court" means the court with jurisdiction in this state. The making of an agreement described in AS 09.43.010 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under AS 09.43.010 - 09.43.180 and to enter judgment on an award under the agreement.
 Sec. 09.43.180. - Short title.
 AS 09.43.010 - 09.43.180 may be cited as the Uniform Arbitration Act.
 Sec. 09.43.190. - Arbitration under court rules.
 The supreme court may provide by rule for compulsory arbitration of a cause of action filed in a superior or district court, demanding only a money judgment, when it appears that the demand on the cause of action is for $3,000 or less, exclusive of costs, or when it appears to the trial court as a result of a pretrial conference that the amount that will be recovered on the cause is not likely to exceed $3,000.
 Sec. 09.43.200. - Appointment and compensation of arbitrator.
 Arbitration of actions shall be by either a member of the Alaska Bar Association or a magistrate appointed and compensated by the court as provided by its rules.
 Sec. 09.43.210. - Practice and procedure.
 The practice and procedure for conducting arbitration, the powers of the arbitrators, and the assessment of costs shall be prescribed by the court rules.
 Sec. 09.43.220. - Judgments and appeals.
 Unless an appeal is taken from the award to the court that ordered arbitration as provided by the court rules, the court shall enter and enforce judgment in accordance with the award of the arbitrator. Any party aggrieved by the award may appeal. All appeals shall be determined in the manner permitted by the rules.
 Chapter 09.45. - ACTIONS RELATING TO REAL PROPERTY
 Article 01 - QUIET TITLE, LAND BOUNDARIES, AND ADVERSE POSSESSION
 Sec. 09.45.010. - Action to quiet title.
 A person in possession of real property, or a tenant of that person, may bring an action against another who claims an adverse estate or interest in the property for the purpose of determining the claim.
 Sec. 09.45.015. - Land adjoining highway reservation.
 (a) A conveyance of land after April 7, 1958, that, at the time the conveyance was made, adjoined a highway reservation listed in section 1 of Public Land Order 1613 of the Secretary of the Interior (April 7, 1958), is presumed to have conveyed land up to the center-line of the highway subject to any highway reservation created by Public Land Order 601 and any highway easement created by Public Land Order 1613.
 (b) The burden of proof in litigation involving land adjoining a highway reservation created by Public Land Order 601 or a highway easement created by Public Land Order 1613 is on the person who claims that the conveyance did not convey an interest in land up to the center-line of the highway.
 Sec. 09.45.020. - Action to establish boundaries.
 When a dispute exists between two or more owners of adjacent or contiguous lands concerning the boundary lines of their lands, an owner may bring an action for the purpose of having the dispute determined and the boundary lines ascertained and marked.
 Sec. 09.45.030. - Marking of boundaries.
 In an action to establish boundaries, the court shall appoint three disinterested referees, one of whom is a surveyor, to establish and mark the boundary lines as ascertained and determined by the court.
 Sec. 09.45.040. - Oaths and report of referees.
 Before entering upon the discharge of their duties, the referees shall file a written oath to faithfully and impartially perform their duties. After designating the boundary lines by proper marks, they shall file with the court a report describing the location of the marks.
 Sec. 09.45.050. - Exceptions to the report.
 The report may be confirmed unless a party excepts to the report. Upon the hearing, the court may confirm, modify, or set aside the report, and, in the latter case, may appoint new referees or refer the matter to the same referees with appropriate instructions.
 Sec. 09.45.052. - Adverse possession.
 (a) The uninterrupted adverse notorious possession of real property under color and claim of title for seven years or more is conclusively presumed to give title to the property except as against the state or the United States. For the purpose of this section, land that is in the trust established by the Alaska Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, is land owned by the state.
 (b) Except for an easement created by Public Land Order 1613, adverse possession will lie against property that is held by a person who holds equitable title from the United States under paragraphs 7 and 8 of Public Land Order 1613 of the Secretary of the Interior (April 7, 1958).
 Sec. 09.45.060. - Prohibition of use of force for entry on realty.
 A person may not enter upon any land, tenement, or other real property except in cases where entry is given by law. In those cases the entry may not be made with force but only in a peaceable manner.
 Sec. 09.45.070. - Action for forcible entry or detention.
 (a) When a forcible entry is made upon a premises, or when an entry is made in a peaceable manner and the possession is held by force, the person entitled to the premises may maintain an action to recover the possession.
 (b) [Repealed, Sec. 1 ch 73 SLA 1966].
 Sec. 09.45.080. - Undertaking on appeal. [Repealed, Sec. 4 ch 10 SLA 1974].
 Repealed or Renumbered
 Sec. 09.45.090. - Unlawful holding by force.
 (a) For property to which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act) apply, unlawful holding by force includes each of the following:
 (1) when, for failure or refusal to pay rent due on the lease or agreement under which the tenant or person holds, and after service, under AS 09.45.100 (b), of the written notice required by AS 34.03.220(b) by the landlord for recovery of possession of the premises if the rent is not paid, the tenant or person in possession fails or refuses to vacate or pay the rent within seven days;
 (2) when,
 (A) after a violation of a condition or covenant set out in AS 34.03.120(a), other than a breach of AS 34.03.120 (a)(5) due to the deliberate infliction of substantial damage to the premises, or after a breach or violation of a condition or covenant in a lease or rental agreement and following service of written notice to quit, the tenant fails or refuses to remedy the breach or to deliver up the possession of the premises within the number of days provided for termination under AS 34.03.220 (a)(2);
 (B) after a violation of AS 34.03.120 (a)(5) by deliberate infliction of substantial damage to the premises, following service of written notice to quit, the tenant fails or refuses to deliver up the possession of the premises by the date set out in the written notice to quit under AS 34.03.220 (a)(1);
 (C) after a violation of AS 34.03.220 (e) following discontinuance of a public utility service, following service of written notice to quit, the tenant fails or refuses to deliver up the possession of the premises by the date set out in the written notice to quit under AS 34.03.220(e);
 (D) the landlord requires the tenant to vacate the premises for a reason set out in AS 34.03.310 (c)(2) or (c)(4) - (7), following service of written notice to quit, the tenant fails or refuses to deliver up the possession of the premises within the longer of 30 days or the period of notice for the landlord's recovery of possession of the premises set out in the rental agreement;
 (E) in a mobile home park, there is to be a change in the use of land for which termination of tenancy is authorized by AS 34.03.225(a)(4), following service of written notice to quit, the mobile home dweller or tenant fails or refuses to vacate within the number of days provided for termination under AS 34.03.225 (a)(4);
 (F) after termination of a periodic tenancy as prescribed by AS 34.03.290(a) or (b), following service of written notice to quit, the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or after the date of its expiration;
 (G) after the tenant has violated AS 34.03.120 (b) or the tenant has used the dwelling unit or allowed the dwelling unit to be used for an illegal purpose in violation of AS 34.03.310 (c)(3) other than a breach of AS 34.03.120 (b), following service of written notice to quit, the tenant fails or refuses to deliver up the possession of the premises within five days; or
 (H) following service of written notice to quit, a person in possession continues in possession of the premises without a valid rental agreement, as that term is defined in AS 34.03.360 , and without the consent of the landlord; or
 (3) when, without a notice to quit, a tenant or person in possession continues in possession of the premises after the tenancy has been terminated by issuance of an order of abatement under AS 09.50.210 (a).
 (b) For property to which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act) do not apply, unlawful holding by force includes each of the following:
 (1) when, for failure or refusal to pay rent due on the lease or agreement under which the tenant or person in possession holds, after service, under AS 09.45.100 (c), of demand made in writing by the landlord for the possession of the premises if the rent is not paid, the tenant or person in possession fails or refuses to vacate or pay the rent due within seven days;
 (2) when, following service of a written notice to quit,
 (A) after the tenant or person in possession has breached or violated a condition or covenant of the lease or rental agreement other than breach of a covenant or condition set out in (B) of this paragraph, the tenant or person in possession of a premises fails or refuses to deliver up the possession of the premises within 10 days;
 (B) after the tenant or person in possession has deliberately inflicted substantial damage to the premises, the tenant or person in possession of a premises fails or refuses to deliver up the possession of the premises on the date required by the landlord; the date specified may not be less than 24 hours after demand for possession of the premises by the landlord;
 (C) after the tenant or person in possession has violated AS 34.05.100(a) or has used the premises for or allowed the premises to be used for an illegal purpose, the tenant or person in possession fails or refuses to deliver up the possession of the premises within five days;
 (D) for premises the lease or occupation of which is primarily for the purpose of farming or agriculture, after the tenant or person in possession has violated AS 34.05.025 , other than a violation that is a breach under (B) or (C) of this paragraph, the tenant fails or refuses to deliver up possession of the premises within 30 days;
 (E) a tenancy based upon an estate at will terminates, and the tenant or person in possession continues in possession of the premises; or
 (F) a person in possession continues in possession of the premises
 (i) at the expiration of the time limited in the lease or agreement under which that person holds; or
 (ii) without a written lease or agreement and without the consent of the landlord; or
 (3) when, without a notice to quit, a tenant or person in possession continues in the possession of the premises after the tenancy has been terminated by issuance of an order of abatement under AS 09.50.210 (a).
 (c) When a landlord who is required to provide written notice to a tenant or person in possession under (a) or (b) of this section, provides notice by mail, notwithstanding any other provision of law, three days must be added to the period set out in (a) or (b) of this section to determine the date on and after which the tenant or person in possession unlawfully holds by force.
 Sec. 09.45.100. - Notice to quit.
 (a) Except where service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except when notice to quit is not required by AS 09.45.090 (a)(3) or (b)(3), a person entitled to the premises who seeks to recover possession of the premises may not commence and maintain an action to recover possession of premises under AS 09.45.060 - 09.45.160 unless the person first gives a notice to quit to the person in possession.
 (b) To recover possession of premises after a tenant or person in possession has failed or refused to pay rent due, service of the written notice required by AS 34.03.220 (b) or of a demand in writing for possession of the premises
 (1) constitutes notice to quit, and service of a separate notice to quit is not required; and
 (2) satisfies the requirements of (c) of this section and AS 34.03.310(c).
 (c) A notice to quit shall be in writing and shall be served upon the tenant or person in possession by being
 (1) delivered to the tenant or person;
 (2) left at the premises in case of absence from the premises; or
 (3) sent by registered or certified mail.
 Sec. 09.45.105. - Content of notice to quit.
 Notice to quit served upon the tenant or person in possession must
 (1) state
 (A) the nature of the breach or violation of the lease or rental agreement or other reason for termination of the tenancy of the tenant or person in possession;
 (B) in circumstances in which the breach or violation described in (A) of this paragraph may be corrected by the tenant or person in possession to avoid the termination of the tenancy, the nature of the remedial action to be taken, and the date and time by which the corrective actions must be completed in order to avoid termination of the tenancy;
 (C) the date and time when the tenancy of the tenant or person in possession under the lease or rental agreement will terminate;
 (2) direct the tenant or person in possession to quit the premises not later than the date and time of the termination of the tenancy; and
 (3) give notice to the tenant or person in possession that, if the tenancy terminates and the tenant or person in possession continues to occupy the premises, the landlord may commence a civil action to remove the tenant or person and recover possession.
 Sec. 09.45.110. - Time when action to recover possession may be brought.
 An action for the recovery of the possession of the premises may be commenced on or after the date the tenant or person in possession unlawfully holds possession of the dwelling unit or rental premises by force, as determined under AS 09.45.090 .
 Sec. 09.45.120. - Summons and continuance.
 Summons in actions for forcible entry and detainer shall be served not less than two days before the date of trial. A continuance may not be granted for a longer period than two days unless the defendant applying for the continuance gives an undertaking to the adverse party, with sureties approved by the court conditioned to the payment of the rent that may accrue if judgment is rendered against the defendant.
 Sec. 09.45.130. - Action against persons paying rent in advance.
 The service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person for the possession of the premises until the expiration of the period for which that tenant or person may have paid rent for the premises in advance. To authorize an action against a tenant or person in possession who has paid rent in advance, a notice must be given at least 10 days before the date the rent is due again in case of a month-to-month tenancy or at least three days before in the case of a week-to-week tenancy.
 Sec. 09.45.135. - Action against tenant occupying premises abated as nuisance.
 In an action under AS 09.45.060 - 09.45.160 against a tenant or person in possession of premises for which an order of abatement has been entered under AS 09.50.210 (a), a certified copy of the order of abatement is prima facie evidence of unlawful holding of the premises by force by a person who remains on the premises.
 Sec. 09.45.140. - Agricultural tenant.
 When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or sown by the tenant or person before the service of the notice to quit.
 Sec. 09.45.150. - Inquiry into merits of title.
 In an action to recover the possession on the land, tenement, or other real property where the entry is forcible or when the possession is unlawfully held by force, there shall be no inquiry into the merits of the title. Three years' quiet possession of the premises immediately preceding the commencement of the action by the party in possession or those under whom the party holds may be pleaded in bar thereof unless the estate of the party in the premises is ended.
 Sec. 09.45.158. - Action by nonprofit housing corporation.
 A nonprofit housing corporation may designate an officer or employee of the corporation who is not an attorney to commence and maintain an action under AS 09.45.060 - 09.45.160 on behalf of the corporation against a tenant or person in possession. When, under this section, a nonprofit corporation appears by an officer or employee of the corporation who is not an attorney, the written proceedings shall be in the name of the person representing the corporation and that person is the sole representative of the corporation as between the corporation and the adverse party.
 Sec. 09.45.160. - Actions for possession of realty.
 In an action to recover the possession of real property as provided in AS 09.45.630 , notice to quit, when necessary, may be given as prescribed in AS 09.45.060 - 09.45.160, and nothing in AS 09.45.060 - 09.45.160 shall be construed so as to prevent such an action being maintained for the recovery of the possession.
 Sec. 09.45.161. - Lien against public servant.
 If a nonconsensual common law lien is recorded or filed against the property of a public servant based upon the performance or nonperformance of the public servant's duties or having no stated basis and the nonconsensual common law lien was not accompanied by a specific order from a court of competent jurisdiction recognized under state or federal law authorizing the filing of the lien and recorded or filed with the lien, an attorney representing the public servant
 (1) may sign, submit for recording or filing, and record or file a notice of invalid lien; and
 (2) shall mail a copy of the notice of invalid lien submitted for recording or filing under (1) of this section to the person who recorded or filed the lien at the person's last known address.
 Sec. 09.45.164. - Request for release of nonconsensual common law lien.
 (a) A person whose real or personal property is subject to a claim of nonconsensual common law lien that has been recorded or filed may submit to a court of competent jurisdiction a request that the court order the release of the claim of the nonconsensual common law lien. The request must state the grounds upon which relief is sought and must be supported by the affidavit of the person making the request or that person's attorney setting out a concise statement of the facts upon which the request is based.
 (b) If facts alleging the need for an expedited decision are averred, the request may ask the court to order the person claiming the nonconsensual common law lien to appear at a hearing within 20 days of the service of the request and order on the lien claimant. The order may be granted ex parte and shall state that, if the lien claimant fails to appear at the time and place specified, the claim of nonconsensual common law lien shall be released, and the lien claimant shall be ordered to pay the costs and actual reasonable attorney fees incurred by the party making the request.
 (c) If the court determines that the claim of nonconsensual common law lien is invalid, the court shall issue an order releasing the claim of lien and awarding costs and actual reasonable attorney fees to the party making the request. If the court determines that the claim of nonconsensual common law lien is valid, the court shall issue an order stating the claim of the lien is valid and shall award costs and actual reasonable attorney fees to the lien claimant.
 Sec. 09.45.167. - Liability of nonconsensual common law lien claimant or grantee.
 (a) A person who offers a claim of nonconsensual common law lien for recording or filing that is not accompanied by a specific order from a court of competent jurisdiction recognized under state or federal law authorizing the recording or filing of the lien is liable to the owner of the property affected by the lien for actual and punitive damages, as well as costs and actual reasonable attorney fees.
 (b) A grantee or other person purportedly benefited by a claim of nonconsensual common law lien that has been recorded or filed who refuses to release the lien upon request of the owner of the property affected by the lien is liable to the owner for actual and punitive damages, as well as costs and actual reasonable attorney fees.
 Sec. 09.45.169. - Definitions.
 In AS 09.45.161 - 09.45.169,
 (1) "filed" means the acceptance of a document by a department or person having responsibility for the receipt and filing of documents that may be filed and that are presented for filing in the place of filing designated by law, whether or not under applicable law the department or person is directed to file the document;
 (2) "nonconsensual common law lien" means a lien on real or personal property that
 (A) is not provided for by a specific state or federal statute;
 (B) does not depend on the consent of the owner of the property affected for its existence; and
 (C) is not an equitable, constructive, or other lien imposed by a court recognized under state or federal law;
 (3) "public servant" means each of the following, whether compensated or not:
 (A) an officer or employee of the state, a municipality or other political subdivision of the state, or a governmental instrumentality of the state;
 (B) a person who serves as a member of a board or commission created by statute or by legislative, judicial, or administrative action by the state, a municipality or other political subdivision of the state, or a governmental instrumentality;
 (C) an officer or employee of a federal agency, a member of the military or naval forces of the United States, a member of the National Guard while engaged in training or duty, or a person acting on behalf of a federal agency in an official capacity, temporarily or permanently in the service of the United States, whether with or without compensation; or
 (D) a person nominated, elected, appointed, employed, or designated to act in a capacity defined in (A) - (C) of this paragraph, but who does not occupy the position;
 (4) "record" means the acceptance of a document by the recorder that the recorder has determined is recordable under AS 40.17 and that is presented for recording in the place of recording designated for the recording district where affected property is located whether or not the place of recording is in that district and whether or not under applicable law the recorder is directed to record the document;
 (5) "recorder" means the commissioner of natural resources or the person designated by the commissioner of natural resources to perform the duties set out in AS 40.17.
 Sec. 09.45.170. - Judgment on foreclosure of lien.
 A person having a lien upon real property, other than that of a judgment, whether created by mortgage or otherwise, to secure a debt or other obligation may bring an action to foreclose the lien. In the action, the court may direct the sale of the encumbered property or a portion of it and the application of the proceeds of the sale to the payment of costs, expenses of sale, and the amount due the plaintiff. The judgment shall also determine the personal liability of a defendant for the payment of the debt secured by the lien and be entered accordingly.
 Sec. 09.45.180. - Sale of encumbered property.
 The sale of the encumbered property shall be conducted in the same manner as the sale of real property on execution. A deficiency between the amount of the judgment and the sale price may be enforced by execution.
 Sec. 09.45.190. - Redemption after foreclosure of lien.
 Property sold upon a judgment of foreclosure may be redeemed in the manner and with the effect as real property sold on an execution issued upon a judgment for the payment of an unsecured debt.
 Sec. 09.45.200. - Effect of action to recover debt.
 During or after the pendency of an action for the recovery of a debt secured by a lien mentioned in AS 09.45.170 , an action cannot be maintained for the foreclosure of the lien unless judgment is given in that action that the plaintiff recover the debt or a part of it, and an execution issued in the action against the property of the defendant is returned unsatisfied in whole or in part.
 Sec. 09.45.210. - Proceedings when debt secured is not all due.
 When an action is commenced to foreclose a lien by which a debt is secured, which debt is payable in installments either of interest or principal, and any of the installments is not then due, the court shall adjudge a foreclosure of the lien, and may also adjudge a sale of the property for the satisfaction of the whole of the debt or so much of it as may be necessary to satisfy the installment then due, with costs of action. In the latter case the judgment of foreclosure as to the remainder of the property may be enforced by an order of sale, in whole or in part, whenever default is made in the payment of the installments not then due.
 Sec. 09.45.220. - Effect of payment before judgment or sale.
 If, before a judgment is given, the amount then due, with the costs of action, is brought into court and paid to the clerk, the action shall be dismissed, and, if the same be done after judgment and before sale, the effect of the judgment as to the amount then due and paid shall be terminated and the execution, if any have issued, be recalled by the clerk. When an installment not due is adjudged to be paid, the court shall determine and specify in the judgment what sum shall be received in satisfaction thereof, which sum may be equal to the installment or otherwise, according to the present value thereof.
 Sec. 09.45.230. - Action based on private nuisance.
 (a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action.
 (b) A person may not maintain an action under this section based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, where the emission or discharge was expressly authorized by and is not in violation of a term or condition of
 (1) a statute or regulation;
 (2) a license, permit, or order that is
 (A) issued after public hearing by the state or federal government; and
 (B) subject to
 (i) continuing compliance monitoring;
 (ii) periodic review by the issuing agency;
 (iii) renewal on a periodic basis; or
 (iv) AS 46.40; or
 (3) a court order or judgment.
 (c) The provisions of (b) of this section do not apply to actions in which the air emission or water or solid waste discharge that is the subject of the action produces a result that was unknown or not reasonably foreseeable at the time of the authorization.
 (d) The provisions of (b) of this section remain in effect only as long as both of the following are satisfied:
 (1) AS 46.03.900 defines "pollution" as including the contamination or altering of waters, land, or subsurface land of the state in a manner that creates a nuisance; and
 (2) AS 46.14.990 defines "emission" as the release of one or more air contaminants to the atmosphere.
 (e) Notwithstanding other provisions of law, except AS 09.50.170 - 09.50.240 and AS 19.25.080 - 19.25.180, a person may not bring a civil action to enjoin or abate a private nuisance or to recover damages for a private nuisance unless the action is authorized by this section.
 (f) A person who is shielded under (b) of this section from a nuisance action shall indemnify, defend, and hold the state harmless from a claim or court action for inverse condemnation, including damages, costs, and attorney fees, for which the state may become liable because of the air emission or wastewater or solid waste discharge for which the person is shielded by (b) of this section. The state shall immediately tender the defense of the inverse condemnation claim or court action to the person. The provisions of (b) of this section do not apply to shield the person, if the person fails to accept or refuses the tender of the defense. A person who prevails in the defense of the claim or court action for inverse condemnation described under this subsection shall be awarded full reasonable attorney fees and costs.
 Sec. 09.45.235. - Agricultural operations as private nuisances.
 (a) An agricultural operation is not and does not become a private nuisance by a changed condition that exists on neighboring land if the agricultural operation has been in operation for more than three years and if the agricultural operation was not a nuisance at the time the agricultural operation began.
 (b) The provisions of (a) of this section do not apply to
 (1) liability resulting from improper or negligent conduct of agricultural operations; or
 (2) flooding caused by the agricultural operation.
 (c) The provisions of (a) of this section supersede a municipal ordinance, resolution, or regulation to the contrary.
 (d) In this section, "agricultural operation" means
 (1) any agricultural and farming activity such as
 (A) the cultivation, conserving, and tillage of the soil;
 (B) dairying;
 (C) the operation of greenhouses;
 (D) the production, cultivation, growing, and harvesting of an agricultural, floricultural, or horticultural commodity;
 (E) the raising of livestock, bees, fur-bearing animals, or poultry;
 (F) forestry or timber harvesting operations;
 (2) any practice conducted on the agricultural operation as an incident to or in conjunction with activities described in (1) of this subsection.
 Sec. 09.45.240. - Manner of abatement.
 If judgment is in favor of the plaintiff, an order may issue at any time within six months of the date of the judgment at plaintiff's request directing the issuance of a warrant to a peace officer to abate the nuisance. The expense of abating the nuisance is a part of the judgment and may be enforced by execution against the property of the defendant.
 Sec. 09.45.250. - Order staying issue of warrant.
 At any time before the order is made, the defendant may apply to the court for an order to stay the issuance of the warrant for a period not exceeding six months to allow the defendant to abate the nuisance. The court may grant the stay if the defendant gives an undertaking to the plaintiff in a sufficient amount and with satisfactory sureties that the issuance will be abated within the time and in the manner specified in the order. If the defendant fails to abate the nuisance within the time specified, an order directing the issuance of the warrant for the abatement of the nuisance may be made.
 Sec. 09.45.255. - Definition of nuisance.
 In AS 09.45.230 - 09.45.255, "nuisance" means a substantial and unreasonable interference with the use or enjoyment of real property, including water.
 Sec. 09.45.260. - Right of action for partition or sale.
 When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for life or years, or when real property is subject to a life estate with remainder over, an action may be brought by one or more of those persons or by the life tenant for a portion of it according to the respective rights of the interested persons, and for a sale of the property or a part of it if it appears that a partition cannot be had without great prejudice to the parties.
 Sec. 09.45.270. - Lien on undivided interest.
 Where a lien is on an undivided interest or estate of any of the parties and a partition is made, the lien is then only upon the share assigned to that party, but the share shall first be charged with its just proportion of the costs of the partition, in preference to the lien.
 Sec. 09.45.280. - Determination of rights of parties.
 The rights of the several parties may be determined in the action. If a party having a share or interest in or lien upon the property is unknown, or any of the known parties reside out of the state or cannot be found in the state, the summons may be served upon the absent or known party by publication as in other actions. Where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of the court before the sale may be ordered.
 Sec. 09.45.290. - Order for partition or sale.
 If it appears that the property or a part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property. Otherwise, upon the requisite proofs being made, the court shall order a partition according to the respective rights of the parties as ascertained by it, may appoint one or more referees to partition the property, and shall designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained.
 Sec. 09.45.300. - Report of referees.
 In making the partition the referees shall divide the property and allot its several portions to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, and designating the several portions by proper landmarks. The referees may employ a surveyor with the necessary assistants to aid them.
 Sec. 09.45.310. - Effect of judgment.
 Upon hearing and confirmation of the report, the court shall give judgment that the partition be effectual forever, which judgment is binding and conclusive on
 (1) all parties named as parties to the action, and their legal representatives, who have at the time an interest in the property divided or a part of it as owners in fee or as tenants for life or for years or as entitled to the reversion, remainder, or inheritance of the property or a part of it, after the termination of a particular estate, and who by any contingency may be entitled to a beneficial interest in the property or who have an interest in an undivided share of it as tenants for years or for life;
 (2) persons interested in the property, who may be unknown, to whom notice was given of the action for partition by publication;
 (3) other persons claiming from the parties or persons or either of them.
 Sec. 09.45.320. - Tenant not affected by judgment.
 The judgment and partition shall not affect tenants for years or for life of the whole of the property that is the subject of partition, and shall not preclude any person except those specified in AS 09.45.310 from claiming title to the property in question or from contraverting the title of the parties between whom the partition was made.
 Sec. 09.45.330. - Order of sale.
 If it appears by evidence to the satisfaction of the court that a partition cannot be made without great prejudice to the owners, it shall order a sale of the property.
 Sec. 09.45.340. - Estate of life or years.
 When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the estate may be set off in a part of the property not ordered to be sold.
 Sec. 09.45.350. - Reference to determine liens.
 If it appears that there are outstanding liens upon the property or a part of it and the persons holding the liens were not made parties to the action, the court may appoint a referee to ascertain whether or not those liens have been paid, and, if not paid, what amount remains due, and their order among the liens severally held by those persons and the parties to the action.
 Sec. 09.45.360. - Appearance of lienholders before referee.
 Persons having outstanding liens shall be notified to appear before the referee at a specified time and place to prove the amount due or to become due, contingently or absolutely.
 Sec. 09.45.370. - Effect of confirmation of report.
 If the report of the referee is confirmed by the court, the order of confirmation is binding and conclusive on the parties to the action and upon the lien creditors who have been duly served with notice to appear before the referee.
 Sec. 09.45.380. - Application of proceeds from sale of encumbered property.
 The proceeds of the sale of the encumbered property shall be applied under the direction of the court as follows:
 (1) to pay its just proportion of the general cost of the action;
 (2) to pay the costs of the reference;
 (3) to satisfy the several liens in their order of priority by payment of the sums due and to become due;
 (4) the residue among the owners of the property sold according to their respective shares, as found by the court.
 Sec. 09.45.390. - Lienholder having other securities.
 When a party to an action or a person who holds a lien upon the property or a part of it has other securities for the payment of the amount of the lien, the court may order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on that account.
 Sec. 09.45.400. - Distribution of proceeds of sale.
 The proceeds of sale and the securities taken by the referees, or a part of the proceeds shall be distributed to the persons entitled to them whenever the court directs. But if no direction is given, all the proceeds and securities shall be paid into court.
 Sec. 09.45.410. - Continuation of action to determine claims to proceeds.
 When the proceeds of the sale of a share or parcel belonging to persons who are parties to the action are paid into court, the action may be continued as between the parties for the determination of their respective claims to the proceeds, which shall be ascertained and adjudged by the court. Further testimony may be taken in court or by a referee at the discretion of the court, and the court may, if necessary, require the parties to present the facts or law in controversy by pleadings as in an original action.
 Sec. 09.45.420. - Sale procedure.
 All sales of real property made by the referee shall be made at public auction to the highest bidder in the manner required for the sale of real property on execution. The notice must state the time, place, and terms of sale, and, if the property or a part of it is to be sold subject to a prior estate, charge, or lien, that shall be stated in the notice.
 Sec. 09.45.430. - Credit terms.
 In the order of sale, the court shall direct the terms of credit that may be allowed for the purchase money of a portion of the premises of which it may direct a sale on credit, and for that portion of which the purchase money is required, by the provisions contained in AS 09.45.260 - 09.45.620, to be invested for the benefit of unknown owners, infants, and parties out of the state.
 Sec. 09.45.440. - Credit security.
 Separate mortgages and other securities may be taken for the whole or convenient portions of the purchase money of those parts of the property directed by the court to be sold on credit in the name of any known owner of full age, otherwise competent, or in the name of the clerk of the court as the court directs.
 Sec. 09.45.450. - Disposal of estate for life or years.
 When the estate of a tenant for life or years in a undivided part of the property in question is admitted by the parties or ascertained by the court to be existing at the time of the order of sale, and the person entitled to that estate is a party to the action, the estate may be first set off out of a part of the property and a sale made of that part, subject to the estate of that tenant in that part. But, if in the judgment of the court a due regard to the interest of all the parties requires the sale of that estate also, the sale may be ordered.
 Sec. 09.45.460. - Compensation for sale of estate for life or years.
 A person entitled to an estate for life or years in an undivided part of the property, whose estate has been sold, is entitled to receive a sum as reasonable satisfaction for the estate, the sum being based on principles of law applicable to annuities. The person so entitled shall consent to accept the sum for the person's estate by an instrument duly acknowledged or proved in the same manner as deeds for the purpose of record and filed with the clerk of court.
 Sec. 09.45.470. - Determination of value of estate for life or years sold without consent.
 If the consent is not given under AS 09.45.460 , before the report of sale, the court shall determine what proportion of the proceeds of the sale, after deducting expenses, is a just and reasonable sum to be invested for the benefit of the person entitled to the estate for life or years, and shall order the sum to be deposited in court for investment.
 Sec. 09.45.480. - Rules for determining value.
 (a) The proportion of the proceeds of the sale to be invested under AS 09.45.470 shall be determined as follows:
 (1) [Repealed, Sec. 1 ch 89 SLA 1984].
 (2) if an estate for life or years be included in the order of sale, its proportion shall be the whole proceeds of the sale of the property, or of the sale of the undivided share in which that estate may be.
 (b) In all cases, the proportion of the expenses of the proceeding shall be deducted from the proceeds of the sale.
 Sec. 09.45.490. - Protection of unknown tenants.
 If the persons entitled to the estate for life or years are unknown, the court shall provide for the protection of their rights in a similar manner, as far as possible, as if they were known and had appeared.
 Sec. 09.45.496. - [Renumbered (a) as AS 34.03.285 and (b) as AS 34.03.115 ].
 Repealed or Renumbered
 Sec. 09.45.500. - Vested or contingent future rights or estate.
 In cases of sales in partition, when it appears that a person has a vested or contingent future right or estate in any of the property sold, the court shall determine the proportional value of the contingent or vested right or estate according to the principles of law applicable to annuities and survivorship, and shall direct that portion of the proceeds of the sale to be invested, secured, or paid over in a manner that will protect the rights and interests of the parties.
 Sec. 09.45.510. - Separate sales of farms or lots.
 The terms of sales of property shall be known at the time of sale, and, if the premises consist of distinct farms or lots, they shall be sold separately unless the court directs otherwise.
 Sec. 09.45.520. - Persons ineligible to purchase. [Repealed, Sec. 5 ch 78 SLA 1972].
 Repealed or Renumbered
 Sec. 09.45.530. - Report of sale.
 After the sale of property ordered to be sold, a report shall be made to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and any securities taken.
 Sec. 09.45.540. - Confirmation or vacation of sale.
 (a) After the filing of the report, a party entitled to a share of the proceeds may move the court to confirm or set aside the sale or sales reported. If the sale is set aside, the court may order a new sale. If the sale is confirmed, the court shall enter an order directing conveyances to be executed and securities to be taken under the sale.
 (b) The order confirming the sale discharges the property of the estate or interest of every person mentioned in AS 09.45.310 and of tenants for life or years of the property sold, and is binding and conclusive on all those persons in the same manner as a judgment of partition. The order is conclusive evidence as to the regularity of the proceedings relating to the sale.
 Sec. 09.45.550. - Investment of proceeds belonging to unknown or nonresident owner.
 When there are proceeds of a sale belonging to an unknown owner or to a person outside the state who has no legal representatives inside it, or where there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years that are paid into the court or otherwise deposited by order of the court, the court may order the proceeds to be invested in securities bearing interest for the benefit of the persons entitled to the proceeds.
 Sec. 09.45.560. - Security taken and investments made in name of court clerk.
 When the security for the proceeds of sale is taken or when an investment of any proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court, who shall hold the same for the use and benefit of the parties interested, subject to the order of the court.
 Sec. 09.45.570. - Security taken in names of parties when interests ascertained.
 When security is taken on a sale and the parties interested in the security agree on the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, the securities shall be taken in the names of and payable to the parties respectively entitled to them, and shall be delivered to the parties.
 Sec. 09.45.580. - Duties of clerk in securities and investments.
 The clerk in whose name a security is taken or by whom an investment is made shall receive the interest and principal as it becomes due, and apply and invest it as the court may direct. The clerk shall deposit in the clerk's office all securities taken, and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and money received by the clerk from the investments, and their disposition.
 Sec. 09.45.590. - Compensation for unequal partition.
 When it appears that partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition is ordered, the court may adjudge compensation to be made by one party to another on account of the inequality. However, the compensation shall not be required to be made to others by owners unknown or by infants unless it appears that the infant has personal property sufficient for that purpose and that the infant's interest will be promoted by giving compensation.
 Sec. 09.45.600. - Payment to guardian of share of infant.
 When the share of an infant is sold, the proceeds of the sale may be paid to the general guardian of the infant or the special guardian appointed for the infant in the action upon the guardian's giving the security required by law or directed by order of the court.
 Sec. 09.45.610. - Payment to guardian of share of insane or incompetent person.
 The guardian who may be entitled to the custody and management of the estate of an insane person or other person adjudged incapable of conducting one's own affairs whose interest in real property has been sold may receive in behalf of that person that person's share of the proceeds of the real property on executing an undertaking, with sufficient sureties and approved by the judge of the court, that the guardian will faithfully discharge the trust reposed in the guardian and will render a true and just account to the person entitled or to the legal representatives of that person.
 Sec. 09.45.620. - Apportionment of cost of partition.
 The costs of partition, including fees or referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands divided in proportion to their respective interests in the property, and may be included and specified in the judgment. In that case they are a lien on the several shares, and the judgment may be enforced by execution against the parties separately. When, however, a litigation arises between some of the parties only, the court may require the expenses of the litigation to be paid by any or all of the parties to the litigation.
 Sec. 09.45.630. - Actions for recovery of real property.
 A person who has a legal estate in real property and has a present right to the possession of the property may bring an action to recover the possession of the property with damages for withholding it; however, recovery of possession from a tenant shall be made under AS 09.45.060 - 09.45.160.
 Sec. 09.45.640. - Damages for withholding property and value of improvements as setoff.
 When property is recovered from a defendant who, in good faith, holds the property under color of title adversely to the claim of the plaintiff, the value of any permanent improvements that the defendant or those under whom the defendant claims have made to the property shall be allowed as a setoff against damages allowed for the withholding of the property. The plaintiff may recover damages for withholding the property for a term of six years before the commencement of the action and for the period from the commencement to the verdict, both excluding the use of permanent improvements made by the defendant.
 Sec. 09.45.650. - Termination of right to recover property during pendency of action.
 Where the plaintiff shows a right to recover at the time the action was commenced, but it appears that the plaintiff's right has terminated during the pendency of the action, the plaintiff may only recover damages for the withholding of the property.
 Sec. 09.45.660. - Order for survey and measurement of property.
 The court in which the action is pending may allow a party and the party's surveyors to go on the property to make a survey for the purposes of the action.
 Sec. 09.45.670. - Effect of alienation by person in possession.
 An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by an alienation made by that person either before or after the commencement of the action. If the alienation is made after the commencement of the action and the defendant does not satisfy the judgment recovered for damages for withholding the possession, the damages may be recovered by action against the purchaser.
 Sec. 09.45.680. - Mortgage not a conveyance.
 A mortgage of real property is not a conveyance that will enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
 Sec. 09.45.690. - Failure to pay rent.
 Unless otherwise provided in the lease, a landlord has a right to re-enter leased premises when a tenant fails to pay rent, and may bring action to recover the possession of the premises and the action is equivalent to a demand of the rent. If, at any time before judgment, the lessee or a successor in interest pays the amount of rent in arrears with interest and costs of the action and performs the other covenants or agreements, the lessee or successor is entitled to continue in possession unless otherwise provided in the lease.
 Sec. 09.45.700. - Judgment in actions to recover possession.
 The judgment in an action to recover the possession of real property is conclusive as to the estate in the property and the right to the possession so far as it is determined upon the party against whom it is given and against all persons claiming from, through, or under that party after the commencement of the action. However, when service of the summons is by publication and judgment is given for failure of a party to answer, that party or a successor in interest is at any time within two years from the entry of the judgment, upon application to the court, entitled to an order vacating the judgment and granting that party or a successor a new trial upon the payment of the costs of the action.
 Sec. 09.45.710. - Possession when new trial granted.
 If the judgment is set aside and a new trial granted as provided in AS 09.45.700, after the plaintiff has taken possession of the property, the plaintiff shall remain in possession. But if judgment is given for the defendant in the new trial, the defendant is entitled to restitution by execution as if the defendant were plaintiff.
 Sec. 09.45.720. - Actions to recover possession by tenant in dower. [Repealed, Sec. 1 ch 89 SLA 1984].
 Repealed or Renumbered
 Article 08 - TRESPASS
 Sec. 09.45.730. - Trespass by cutting or injuring trees or shrubs.
 A person who without lawful authority cuts down, girdles, or otherwise injures or removes a tree, timber, or a shrub on (1) the land of another person or on the street or highway in front of a person's house, or (2) a village or municipal lot, or cultivated grounds, or the commons or public land of a village or municipality, or (3) the street or highway in front of land described in (2) of this section, is liable to the owner of that land, or to the village or municipality for treble the amount of damages that may be assessed in a civil action. However, if the trespass was unintentional or involuntary, or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, or where the timber was taken from unenclosed woodland for the purpose of repairing a public highway or bridge on or adjoining the land, only actual damages may be recovered.
 Sec. 09.45.735. - Trespass related to geotechnical surveys and mining.
 A person who trespasses upon the land of another to gather geotechnical data or take mineral resources is liable to the owner of the land for treble the amount of damages that may be assessed in a civil action. If the trespass is unintentional or involuntary or the defendant had probable cause to believe that the land on which the trespass was committed was the defendant's own or that of the person in whose service or by whose direction the act was done, only actual damages may be recovered.
 Sec. 09.45.740. - Right of action for waste.
 If a guardian, tenant for life or years, or tenant in common of real property commits waste on the property, a person injured by the waste may bring an action for damages for the injury. In an action for waste there may be judgment for treble damages. Where the plaintiff has a reversionary interest and the injury due to waste equals or exceeds the value of the interest held by the one committing the waste, or the waste is committed with malice, judgment may be for forfeiture of the estate and eviction.
 Sec. 09.45.750. - 09.45.790. - [Renumbered as AS 09.45.900 - 09.45.940].
 Repealed or Renumbered
 Sec. 09.45.795. - [Renumbered as AS 09.65.200 ].
 Repealed or Renumbered
 Sec. 09.45.797. - [Renumbered as AS 09.65.220 ].
 Repealed or Renumbered
 Article 10 - EARTHSLIDE RELIEF ACT
 Sec. 09.45.800. - Prerequisite earthslide changing land boundaries.
 If the boundaries of land, owned either by public or by private persons have been moved by an act of God, consisting of an earthslide, so that they are in a location different from that at which, by solar survey, they were located before the earthslide, an action in rem to recognize the boundaries as they presently exist and to quiet title within the boundaries in the persons judicially found entitled to title under AS 09.45.800 - 09.45.880, is authorized, maintainable by the persons and with the procedures in AS 09.45.800 - 09.45.880 for the handling of the emergencies dealt with in AS 09.45.800 - 09.45.880.
 Sec. 09.45.805. - Parties.
 (a) An action authorized by AS 09.45.800 - 09.45.880 may be commenced by
 (1) a borough with the joinder of a city or cities included in the borough;
 (2) a city not included within the boundaries of a borough, if the earthslide has affected land in the city, or land outside the city as to which outside land the city has statutory power to approve a land map;
 (3) a school district that has statutory power to approve a land map; or
 (4) any other entity or person, granted permission by the court to bring the action.
 (b) In an action authorized by AS 09.45.800 - 09.45.880 every person in actual and peaceable possession of, or having an estate or interest in any of the land affected by the action, whose possession or evidence of estate or interest is either recorded or known to the plaintiffs, must be designated in the complaint of the action, and given notice in the manner required by AS 09.45.800 - 09.45.880 and the court rules of civil procedure.
 (c) All unknown parties, including owners, claimants, heirs, devisees, legatees, or assigns, may be described in the caption and complaint as "all persons claiming any interest in or lien upon, the real property herein described or any part of it."
 Sec. 09.45.810. - Separate actions as to separate slide areas.
 An entity that is a permissible plaintiff under AS 09.45.805 , may, in its discretion, bring a separate action under AS 09.45.800 - 09.45.880 with respect to each separate slide area located within its boundaries and its decision regarding the desirability of the separate action, and regarding the area to be dealt with in each action is final.
 Sec. 09.45.815. - Complaint.
 The complaint must substantially include
 (1) a statement of the facts making the provisions in AS 09.45.800 - 09.45.880 applicable;
 (2) a description of the entire real property sought to be affected by the action;
 (3) a specification of the estate, title, and interest owned, and in the actual possession of the plaintiff or plaintiffs in described parts of the entire real property sought to be affected by the action;
 (4) a specification of the estate, title, and interest, so far as they are known to the plaintiffs or either of them, and so far as they are capable of being discovered by reasonably diligent search by the plaintiff or plaintiffs, in each separate part of the entire real property sought to be affected by the action;
 (5) a specification of the street areas offered by the plaintiff, or plaintiffs, to be vacated in whole or in part for judicial equitable allocation to landowners for the mitigation of the losses inflicted upon the landowners by the act of God consisting of the earthslide;
 (6) a proposed replatting of the entire real property sought to be affected by the action, embodying the land boundaries as fixed by the act of God, except as these have been liberalized by judicially directed use of the vacated lands.
 Sec. 09.45.820. - Publication and posting of notice.
 The notice required by Alaska Rule of Civil Procedure 4(e)(4) shall be published as provided in the rules and a copy of the notice shall be posted in a conspicuous place on each separate parcel of the entire real property described in the complaint within 20 days after the first publication of the notice.
 Sec. 09.45.825. - Procedure applicable.
 Except as otherwise provided in AS 09.45.800 - 09.45.880, the court rules of civil procedure shall apply to actions authorized by AS 09.45.800 - 09.45.880.
 Sec. 09.45.830. - Jurisdiction.
 Upon the completion of the service, publication and posting of the summons, as may be required by AS 09.45.800 - 09.45.880 and the court rules of civil procedure, the court has complete jurisdiction over the parties plaintiff or plaintiffs and the entire real property described in the complaint as intended to be affected by the action and over the person of everyone having or claiming an estate, right, title, or interest in or to, or lien upon, all or any part of the property and shall be considered to have obtained the possession and control of the property for the purposes of the action with complete jurisdiction to render the judgment provided for in AS 09.45.800 - 09.45.880.
 Sec. 09.45.835. - Answer.
 (a) An answer to the complaint must be served within 90 days after the first publication of the notice, or such further time not exceeding 30 days, as the court for good cause may grant.
 (b) An answer must
 (1) specifically set out the particulars in which the claimant's estate, right, title, or interest in or to, or lien upon all or any part of the property is different from, or greater than, the interest of the claimant as it is described in the complaint;
 (2) be confined to rights based on events occurring at the time of, or since the time of the act of God, consisting of the earthslide.
 (c) To whatever extent, if at all, the answering party has rights against anyone whatsoever, based upon facts or events that occurred before the earthslide, the claims shall remain unaffected by the action brought under AS 09.45.800 - 09.45.880 and shall be assertable subsequent to the conclusion of the action at any time and in any manner permitted by law, notwithstanding the judgment granted in this action, recognizing however the finality of this judgment as to the consequences, with respect to land boundaries, of the earthslide.
 Sec. 09.45.840. - Lis pendens.
 A party to an action authorized by AS 09.45.800 - 09.45.880 may record a notice of the pendency of the action in the form and at the place and with the effects specified in AS 09.45.940 .
 Sec. 09.45.845. - Vacating of streets in whole or in part.
 The vacating of streets in whole or in part by the voluntary action of a municipality, for the purpose of making it possible for the court to mitigate the hardships suffered by individuals because of the change in land boundaries caused by the act of God, consisting of an earthslide, can be accomplished by the offer of the municipality expressed in the complaint followed by the court's approval of it in the action authorized in AS 09.45.800 - 09.45.880, without other formalities. This provision is a special emergency substitute for the provisions contained in AS 29.40.120 - 29.40.160.
 Sec. 09.45.850. - Proof of facts.
 In an action of the type authorized in AS 09.45.800 - 09.45.880, judgment shall not be given by default, but the court must require proof of the facts alleged in the complaint and other pleadings.
 Sec. 09.45.855. - Scope of judgment.
 The judgment shall
 (1) determine the land boundaries of each parcel of land located within the entire area of real property sought to be affected by the action, whether owned publicly or privately after judicial equitable allocation of lands voluntarily vacated by a municipality under AS 09.45.845;
 (2) determine the person or persons having estates, rights, titles, interests, and claims in and to each parcel, whether legal or equitable, present or future, vested or contingent, or whether they consist of mortgages or liens of any description;
 (3) approve and direct the proper filing of a new plat map covering the entire area of real property sought to be affected by the action, as a substitute for the plat maps previously filed, but rendered inaccurate by the act of God consisting of an earthslide.
 Sec. 09.45.860. - Standards for judgment.
 In reaching the conclusions called for by AS 09.45.855 the court shall give effect to the changes in land boundaries caused by the earthslide, mitigated, however, so far as can equitably be done, by allocating to contiguous lots parts of the land released by a municipality by its voluntary vacation of areas formerly constituting public ways, which vacatings of streets shall be approved in this judgment.
 Sec. 09.45.865. - Effect of judgment.
 The judgment shall be conclusive with respect to land boundaries upon every person who at the commencement of the action had or claimed an estate, right, title, or interest in or to a part of the entire area of real property described in the complaint as intended to be affected by this action, and upon every person claiming under any such person by title subsequent to the commencement of the action.
 Sec. 09.45.870. - Recording of judgment.
 A certified copy of the judgment shall be recorded, at the expense of the plaintiff or plaintiffs in the action, in the office of the recorder of the recording district in which the affected land is situated.
 Sec. 09.45.875. - Cumulative remedies.
 The remedies provided for by AS 09.45.800 - 09.45.880 are cumulative and in addition to any other remedy provided by law for quieting or establishing title to real property or the boundaries of it.
 Sec. 09.45.880. - Short title.
 AS 09.45.800 - 09.45.880 may be cited as the Earthslide Relief Act.
 Sec. 09.45.900. - Joining unknown heirs as defendants in real property suits.
 When the heirs of a deceased person are proper parties defendant to an action relating to real property in this state, and when the names and residences of the heirs are unknown, the heirs may be proceeded against under the name and title of "the unknown heirs" of the deceased.
 Sec. 09.45.910. - Service on unknown heirs by publication.
 Upon presenting an affidavit to the court or judge showing to the satisfaction of the court or judge that the heirs of the deceased person are proper parties to the action and that their names and residences cannot with the use of reasonable diligence be ascertained, the court or judge may grant an order that service of the summons in the action may be made on the "unknown heirs" by publication of the summons in the same manner as in actions against nonresident defendants.
 Sec. 09.45.920. - Unknown claimants in real property suits.
 In any action brought to determine an adverse claim, estate, lien, or interest in real property or to quiet title to real property, the plaintiff may include as a defendant in the action and insert in the title of the action, in addition to the names of the persons or parties that appear of record to have, and other persons or parties who are known to have some title, claim, estate, lien, or interest in the lands in controversy, the following: "Also all other persons or parties unknown claiming a right, title, estate, lien, or interest in the real estate described in the complaint in this action." Service of summons may be had upon all unknown persons or parties defendant by publication as provided by law in cases of nonresident defendants.
 Sec. 09.45.930. - Rights of unknown heirs and parties served by publication.
 All the unknown heirs of deceased persons and all the unknown persons or parties served by publication as provided in AS 09.45.920 have the same rights as are provided by law in the case of all other defendants upon whom service is made by publication, and the action shall proceed against the unknown heirs or unknown persons or parties in the same manner as against defendants who are named and upon whom service is made by publication, and with the same effect. The unknown heirs or unknown persons or parties who have or claim an interest, right, estate, or lien in the said real property in controversy at the time of the commencement of the action and who are served as aforesaid shall be bound and concluded by the judgment or decree in the action as effectually as if the action was brought against the defendant by name and constructive service of summons obtained.
 Sec. 09.45.940. - Lis pendens.
 In an action affecting the title to or the right of possession of real property, the plaintiff at the time of filing the complaint, or afterwards, and the defendant, when affirmative relief is claimed, at the time of filing the answer, or afterwards, may record in the office of the recorder of the recording district in which the property is situated a notice of the pendency of the action, containing the names of the parties, and the object of the action or defense, and a description of the property affected in that district. From the time of recording the notice, a purchaser, holder of a contract or option to purchase, or encumbrancer of the property affected has constructive notice of the pendency of the action and of its pendency against parties designated by their real names.
 Chapter 09.50. - ACTIONS WHERE STATE A PARTY
 Article 01 - CONTEMPT
 Sec. 09.50.010. - Acts or omissions constituting contempt.
 The following acts or omissions in respect to a court of justice or court proceedings are contempts of the authority of the court:
 (1) disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority or to interrupt the course of a trial or other judicial proceeding;
 (2) a breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the course of a trial or other judicial proceeding;
 (3) misbehavior in office, or other wilful neglect or violation of duty by an attorney, clerk, peace officer, or other person appointed or elected to perform a judicial or ministerial service;
 (4) deceit or abuse of the process or proceedings of the court by a party to an action or proceedings;
 (5) disobedience of a lawful judgment, order, or process of the court;
 (6) falsely pretending to act under authority to an order or process of the court;
 (7) rescuing a person or property in the custody of an officer by virtue of an order or process of the court;
 (8) unlawfully detaining a witness or party to an action or proceeding while going to, remaining at, or returning from the court where the witness or party is for trial;
 (9) any other unlawful interference with the process or proceedings of the court;
 (10) disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness;
 (11) when summoned as a juror in a court, neglecting to attend or serve, or improperly conversing with a party to an action or proceeding to be tried at the court or with another person in relation to the merits of the action, or receiving a communication from a party or other person in respect to it without immediately disclosing it to the court;
 (12) disobedience by an inferior court, judge, magistrate, referee, master, or officer of the lawful judgment, order, or process of a higher court, or proceeding in an action or proceeding contrary to law after the action or proceeding is removed from the jurisdiction of that inferior court, judge, magistrate, or officer.
 Sec. 09.50.020. - Penalty.
 (a) A person who is guilty of contempt is punishable by fine of not more than $300 or by imprisonment for not more than six months. However, when the contempt is one mentioned in AS 09.50.010 (3) - (12), or in an action before a magistrate, the person is punishable by a fine of not more than $100 unless it appears that a right or remedy of a party to an action or proceeding was defeated or prejudiced by the contempt, in which case the penalty shall be as prescribed for contempts described in AS 09.50.010 (1) and (2).
 (b) In addition to the penalty specified in (a) of this section, the court may suspend, restrict, or revoke, for a period not to exceed six months, a driver's license as defined in AS 28.40.100 , a license as defined in AS 25.27.244 (s), or a recreational license, or any combination of these licenses, or the person's ability to obtain the licenses, if
 (1) the person is a natural person;
 (2) the contempt is one under AS 09.50.010 (4) - (10); and
 (3) the court, sitting without a jury, finds by a preponderance of evidence that the contempt related to failure to pay money in connection with a child support action or proceeding or failure to comply with a subpoena or warrant relating to a paternity or child support proceeding.
 (c) In this section, "recreational license" means a recreational fishing license or recreational hunting license. In this subsection,
 (1) "recreational fishing license" means a sport fishing license under AS 16.05.340 unless that license is required for participation in personal use fishing, as defined in AS 16.05.940 , or subsistence fishing, as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court;
 (2) "recreational hunting license" means a hunting license under AS 16.05.340 unless that license is required for participation in subsistence hunting, as defined in AS 16.05.940 and modified by decisions of the Alaska Supreme Court.
 Sec. 09.50.030. - Jury trial.
 A person who is charged with contempt of court not committed in the presence of the court, where the act or thing so charged as a contempt is of such nature as to constitute also a criminal offense under a statute of the United States or a law of this state, has a right to jury trial.
 Sec. 09.50.040. - Indemnification of party aggrieved.
 If a loss or injury to a party in an action or proceeding has been caused by the contempt, the court, in addition to the punishment imposed for the contempt, may give judgment in favor of the party aggrieved and against the person guilty of contempt for a sum of money sufficient to indemnify that party and to satisfy the costs and disbursements of that party. The judgment and the acceptance of that amount is a bar to an action or proceeding by the aggrieved party for the loss or injury.
 Sec. 09.50.050. - Imprisonment to compel performance of an act.
 When the contempt consists of the omission or refusal to perform an act which is yet in the power of the defendant to perform, the defendant may be imprisoned until the defendant has performed it.
 Sec. 09.50.060. - Prosecution on nonappearance.
 If the defendant does not appear on the day ordered by the court, the court may order the undertaking to be prosecuted. If the undertaking is prosecuted, the measure of damages is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.
 Sec. 09.50.070. - , 09.50.080 Property subject to escheat; enforcement of rights by state. [Repealed, Sec. 14 ch 133 SLA 1986].
 Repealed or Renumbered
 Sec. 09.50.090. - Transmittal of personal property to state. [Repealed, Sec. 5 ch 78 SLA 1972].
 Repealed or Renumbered
 Sec. 09.50.100. - 09.50.160. - Escheat actions, claims, and reports. [Repealed, Sec. 14 ch 133 SLA 1986].
 Repealed or Renumbered
 Article 02 - ABATEMENT OF ILLEGAL USES OF PREMISES
 Sec. 09.50.170. - Abatement of places used for certain acts.
 (a) A person who erects, establishes, continues, maintains, uses, owns, or leases a building, structure, or other place used for one of the following activities is guilty of maintaining a nuisance, and the building, structure, or place, or the ground itself in or upon which or in any part of which the activity is conducted, permitted, carried on, continues, or exists, and its furniture, fixtures, and other contents, constitute a nuisance and may be enjoined and abated:
 (1) prostitution;
 (2) an illegal activity involving a place of prostitution; or
 (3) an illegal activity involving
 (A) alcoholic beverages;
 (B) a controlled substance;
 (C) an imitation controlled substance; or
 (D) gambling or promoting gambling.
 (b) In this section, "illegal activity involving alcoholic beverages," "illegal activity involving a controlled substance," "illegal activity involving gambling or promoting gambling," "illegal activity involving an imitation controlled substance," "illegal activity involving a place of prostitution," and "prostitution" have the meanings given in AS 34.03.360.
 Sec. 09.50.175. - Admissibility of evidence to prove nuisance.
 In an action brought under AS 09.50.170 (a) to prove the existence of a nuisance, the court may consider
 (1) evidence of reputation within a community;
 (2) evidence derived from records of the courts of the state or of the United States that relate to previous complaints concerning alleged violations of, and to arrests for or convictions of violations of, laws based on activity set out in AS 09.50.170 .
 Sec. 09.50.180. - Injunction.
 When there is reason to believe that a nuisance as defined in AS 09.50.170 - 09.50.240 exists, the attorney general shall, or a citizen, or a home rule municipality if the nuisance is located in the home rule municipality, may, bring an action to perpetually enjoin the nuisance, the person maintaining it, and the owner, lessee, or agent of the building or group upon which the nuisance exists.
 Sec. 09.50.190. - Dismissal.
 If the complaint is filed by a citizen, the action may be dismissed only upon approval of the attorney general and affidavit of the complainant and the complainant's attorney giving the reasons why the suit should be dismissed. The court may refuse to dismiss the suit and may direct the attorney general to prosecute the action.
 Sec. 09.50.200. - Contempt proceeding.
 If an injunction granted under the provisions of AS 09.50.170 - 09.50.240 is violated, the court may summarily try and punish the offender. A party found guilty of contempt under the provisions of AS 09.50.170 - 09.50.240 is punishable by a fine of not more than $1,000, or by imprisonment for not less than three months nor more than six months, or by both.
 Sec. 09.50.210. - Order of abatement.
 (a) If the court finds and enters judgment that a nuisance exists, the court shall enter an order of abatement. The order of abatement must direct
 (1) termination of the lease or rental agreement, if any, on the premises subject to the order of abatement, if the tenant who occupies under the lease or rental agreement has been given notice of the proceedings under AS 09.50.170 - 09.50.240;
 (2) the removal from the building or place of the fixtures, furniture, and movable property used in the nuisance and their sale in the manner provided for the sale of chattels under execution;
 (3) the closing of the building or place against its use for any purpose for a period of one year unless sooner released.
 (b) A person who breaks and enters or uses a building, structure, or other place directed to be closed by an order entered under (a)(3) of this section is guilty of contempt and shall be punished for contempt as provided in AS 09.50.200 .
 Sec. 09.50.220. - Proceeds of sale.
 (a) The proceeds of the sale of the contents shall be applied as follows:
 (1) to the payment of fees and costs of the removal and sale;
 (2) to payment of the allowances and costs of closing and keeping closed the buildings or places;
 (3) to the payment of plaintiff's costs;
 (4) to the payment of any balance remaining to the owner of the property sold.
 (b) If the proceeds do not fully discharge all the costs, fees, and allowances, the premises may also be sold under execution issued upon the order of the court and the proceeds of the sale applied in like manner. However, the building or realty in which the nuisance is conducted or real estate on which it stands may not be subject to a lien, judgment, or costs unless the owner, or an agent or representative of the owner, has been duly served with process in the action and been given an opportunity to show good faith and to immediately abate the nuisance.
 Sec. 09.50.230. - Release of premises to owner.
 (a) The court may order premises abated under AS 09.50.210 delivered to the owner and cancel the order of abatement if the owner of the premises
 (1) has not been guilty of a contempt in the proceedings;
 (2) appears and pays all costs, fees, and allowances that are a lien on the premises; and
 (3) files a bond with sureties approved by the court in an amount determined by the court to the effect that the owner will abate the nuisance that exists at the building or place and prevent the nuisance from being established within a period of one year thereafter.
 (b) The lease of the property does not release it from a judgment, lien, penalty, or liability to which it may be subject by law.
 (c) A cancellation of the order of abatement does not affect a termination of a lease or rental agreement made under AS 09.50.210(a)(1).
 Sec. 09.50.240. - Fine for contempt as lien on premises.
 A fine imposed as punishment for contempt against the owner is a lien upon the premises to the extent of the interest of that person in the premises and is enforceable and collectible by execution issued by the order of the court.
 Sec. 09.50.250. - Actionable claims against the state.
 A person or corporation having a contract, quasi-contract, or tort claim against the state may bring an action against the state in a state court that has jurisdiction over the claim. A person who may present the claim under AS 44.77 may not bring an action under this section except as set out in AS 44.77.040 (c). A person who may bring an action under AS 36.30.560 - 36.30.695 may not bring an action under this section except as set out in AS 36.30.685 . However, an action may not be brought under this section if the claim
 (1) is an action for tort, and is based upon an act or omission of an employee of the state, exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation is valid; or is an action for tort, and based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a state agency or an employee of the state, whether or not the discretion involved is abused;
 (2) is for damages caused by the imposition or establishment of a quarantine by the state;
 (3) arises out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights; or
 (4) arises out of the use of an ignition interlock device certified under AS 33.05.020 (c).
 Sec. 09.50.260. - Undertaking. [Repealed, Sec. 2 ch 19 SLA 1975].
 Repealed or Renumbered
 Sec. 09.50.270. - Payment of judgment against the state.
 An attachment or execution may not issue against the state. When a final judgment is rendered against the state in an action, the clerk of the court shall immediately transmit a certified copy of the judgment to the Department of Administration which shall either approve payment of the judgment against the state if a sufficient appropriation exists for payment, or audit the amount and transmit a copy to the legislature with the recommendation that an appropriation be made for its payment.
 Sec. 09.50.280. - Judgment for plaintiff; punitive damages.
 If judgment is rendered for the plaintiff, it shall be for the legal amount found due from the state with interest as provided under AS 09.30.070 and without punitive damages.
 Sec. 09.50.290. - Trial by court. [Repealed, Sec. 1 ch 147 SLA 1975].
 Repealed or Renumbered
 Sec. 09.50.300. - Compromise by attorney general.
 The attorney general may, with the approval of the court, arbitrate, compromise, or settle any action filed under AS 09.50.250 - 09.50.300.
 Sec. 09.50.310. - Action for usurpation of office or franchise.
 An action may be brought by the attorney general upon the attorney general's own information or upon complaint of a private party against (1) a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise, or an office in a corporation, either public or private; (2) a public officer who has acted to forfeit the office; or (3) any number of persons acting as a corporation without being incorporated.
 Sec. 09.50.320. - Action on information or application of private party.
 When the action is brought upon the information or application of a private party, the attorney general may require that party to enter into an undertaking with sureties to be approved by the attorney general, conditioned on that party's paying a judgment for costs or damages recovered against the plaintiff and costs and expenses incurred in the prosecution of the action.
 Sec. 09.50.330. - Determination of rights of defendant and claimant.
 When the action is brought and the claim is made that another person is rightfully entitled to the office, judgment may be given upon the right of the defendant and also upon the right of the person so claimed to be entitled, or only upon the right of the defendant as justice may require.
 Sec. 09.50.340. - Judgment for claimant.
 If judgment is for the person claiming the franchise or office, that person is entitled to the possession and enjoyment of the franchise, or to assume the execution of the office after qualifying as required by law.
 Sec. 09.50.350. - Recovery of damages by claimant; civil arrest.
 If judgment is for the person claiming the franchise or office, that person may recover the damages that may have been sustained by reason of the usurpation of the office by the defendant. In the action, the defendant may be provisionally arrested and held to bail in the manner as in actions where the defendant is subject to arrest.
 Sec. 09.50.360. - Multiple claimants.
 When several persons claim to be entitled to the same office or franchise, one action may be brought against all those persons in order to try their respective rights to that office or franchise.
 Sec. 09.50.370. - Judgment against defendant.
 If a defendant is adjudged guilty of usurping or intruding into or unlawfully holding or exercising an office or franchise, judgment shall be given that the defendant be excluded from holding or exercising the office or franchise. The court may also, in its discretion, impose a fine upon the defendant of not more than $2,000. If a corporation is defendant and a judgment is given that causes the corporation to cease to exist, the corporation shall dissolve.
 Sec. 09.50.380. - Enforcement of judgment for costs.
 A judgment given in an action provided for in AS 09.50.310 - 09.50.380 in respect to costs and disbursements may be enforced by execution as a judgment that requires the payment of money.
 Sec. 09.50.390. - Nature of state interest.
 A complaint or pleading naming the State of Alaska as a defendant must set out with such particularity as reasonably available information will permit, the nature of the interest or lien of the state. In actions or suits involving liens of the state, the complaint or pleading must include the name and address, if known, of the person whose liability created the lien and, if a notice of the lien was recorded, the amount shown on the lien, the department of the state government involved, the recording district, and the book and page on which the lien was recorded.
 Chapter 09.55. - SPECIAL ACTIONS AND PROCEEDINGS
 Article 01 - CHANGE OF NAME
 Sec. 09.55.010. - Jurisdiction in action for change of name.
 A person may bring an action for change of name in the superior court. A change of name of a person may not be made unless the court finds sufficient reasons for the change and also finds it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
 Article 02 - DECLARATION OF DEATH
 Sec. 09.55.020. - Petition and inquiry.
 If a petition is presented by an interested person to a district judge or magistrate alleging that a designated person has disappeared and after diligent search cannot be found, and if it appears to the satisfaction of the judge or magistrate that the circumstances surrounding the disappearance afford reasonable grounds for the belief that the person has suffered death from accidental or other violent means, the judge or magistrate shall summon and impanel a jury of six qualified persons to inquire into the facts surrounding and the presumption to be raised from the disappearance. If no one submits a petition within 40 days, a judge or magistrate may submit the petition from personal knowledge of the case.
 Sec. 09.55.030. - Verdict and entry of order.
 If the jury by their unanimous verdict in writing find that sufficient evidence has been presented to them from which it fairly may be presumed that the missing person has met death, and if the judge or magistrate approves the finding, then, after a period of six months has elapsed, the person shall be presumed to be dead and the judge or magistrate shall enter an order to that effect. However, in cases where there is clear and convincing evidence of the presumed death the judge or magistrate may sooner enter the order.
 Sec. 09.55.040. - Compensation and expenses allowed.
 The members of the jury and witnesses are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses. When the judge or magistrate has submitted the petition in compliance with AS 09.55.020 and there is no interested party or an estate from which the costs of the proceedings can be audited and allowed, then the costs shall be paid from the "Relief Fund" created by the laws dealing with lost persons, upon vouchers made out, signed, and sworn to by the judge or magistrate.
 Sec. 09.55.050. - Effect of presumptive death certificate.
 After the judge or magistrate has entered an order declaring that the person is presumed to be dead either under AS 09.55.020 - 09.55.060 or under the laws dealing with missing persons, the judge or magistrate shall make out and sign a certificate entitled "Presumptive Death Certificate" in the form and manner and containing the information required by the Bureau of Vital Statistics. In addition to the information required by the Bureau of Vital Statistics, the certificate must contain the decedent's social security number, if ascertainable. The certificate shall be recorded by the judge or magistrate and then filed with the Bureau of Vital Statistics. Upon the entry of the order and the recording and filing of the "Presumptive Death Certificate" as herein provided, the missing person is presumed to be dead, and the person's estate may be administered in accordance with the then existing provisions of law applicable to the administration of the estates of deceased persons.
 Sec. 09.55.060. - Correction or removal of presumptive certificates.
 The Bureau of Vital Statistics shall make provisions for the correction, substitution, or removal of the certificates where the body of the person is later found, where additional facts are brought to light, or where the person is later discovered to be alive.
 Article 03 - DEATH INQUESTS
 Sec. 09.55.062. - Death inquests.
 Upon petition by the state medical examiner or a state prosecutor, a judicial officer shall conduct proceedings under AS 09.55.062 - 09.55.069 to determine the cause and manner of a person's death. The prosecutor shall present the evidence in the death inquest and assist the court in instructing the jury and conducting the inquest only when the inquest is based on a petition filed by the prosecutor or when the prosecutor requests to participate in the proceedings.
 Sec. 09.55.064. - Jurors for inquest.
 (a) When a death inquest is to be held under AS 09.55.062 - 09.55.069, the judicial officer shall promptly summon six persons qualified by law to serve as jurors to appear before the court.
 (b) When six jurors attend as required under (a) of this section, they shall be sworn by the court to
 (1) inquire into the identity of the deceased, and when, where, and by what means the person died;
 (2) inquire into the circumstances attending the death; and
 (3) give a true verdict according to the evidence.
 Sec. 09.55.066. - Subpoena and examination of witnesses.
 The judicial officer or a prosecuting attorney may, when necessary to determine the material facts relating to the death, subpoena and examine witnesses for a proceeding under AS 09.55.062 - 09.55.069.
 Sec. 09.55.068. - Verdict of inquest jury.
 After hearing the testimony, the jury or two thirds of its number shall give its written verdict, signed and setting out
 (1) the name of the deceased and when, where, and by what means the deceased died; and
 (2) whether the deceased was killed or the death was occasioned by the act of another by criminal means.
 Sec. 09.55.069. - Compensation and expenses allowed.
 The members of the jury and witnesses in an inquest under AS 09.55.062 - 09.55.069 are entitled to the same compensation as in civil actions in a district court, and the compensation and other incidental expenses shall be audited and allowed as in the case of other similar expenses. When the judicial officer has submitted the petition to a jury in compliance with AS 09.55.062 and there is no interested party or an estate from which the costs of the proceedings can be audited and allowed, then the costs shall be paid from the "relief fund" created by the laws dealing with lost persons, upon vouchers made out, signed, and sworn to by the judicial officer.
 Sec. 09.55.070. - 09.55.230 - [Renumbered as AS 25.24.010 - 25.24.180].
 Repealed or Renumbered
 Sec. 09.55.231. - 09.55.237 - [Renumbered as AS 25.24.200 - 25.24.260].
 Repealed or Renumbered
 Sec. 09.55.238. - [Renumbered as AS 25.24.300 ].
 Repealed or Renumbered
 Article 04 - EMINENT DOMAIN
 Sec. 09.55.240. - Uses for which authorized; rights-of-way.
 (a) The right of eminent domain may be exercised for the following public uses:
 (1) all public uses authorized by the government of the United States;
 (2) public buildings and grounds for the use of the state and all other public uses authorized by the legislature of the state;
 (3) public buildings and grounds for the use of an organized or unorganized borough, city, town, village, school district, or other municipal division, whether incorporated or unincorporated; canals, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of an organized or unorganized borough, city, town, or other municipal division, whether incorporated or unincorporated; raising the banks of streams, removing obstructions from them and widening, deepening, or straightening their channels; roads, streets, and alleys, and all other public uses for the benefit of an organized or unorganized borough, city, town, or other municipal division whether incorporated or unincorporated, or its inhabitants, which may be authorized by the legislature;
 (4) wharves, docks, piers, chutes, booms, ferries, bridges of all kinds, private roads, plant and turnpike roads, railroads, canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying mines and farming neighborhoods with water, and draining and reclaiming land, and for floating logs and lumber on streams not navigable, and sites for reservoirs necessary for collecting and storing water;
 (5) roads, tunnels, ditches, flumes, pipes, and dumping places for working mines; also outlets, natural or otherwise, for the flow, deposit, or conduct of tailings or refuse matter from mines; also an occupancy in common by the owners or possessors of different mines of any place for the flow, deposit, or conduct of tailings or refuse matter from their several mines, and sites for reservoirs necessary for collecting and storing water;
 (6) private roads leading from highways to residences, mines, or farms;
 (7) telephone lines;
 (8) telegraph lines;
 (9) sewerage of an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or unincorporated, or a subdivision of it, or of a settlement consisting of not less than 10 families, or of public buildings belonging to the state or to a college or university;
 (10) tramway lines;
 (11) electric power lines;
 (12) for the location of pipelines for gathering, transmitting, transporting, storing, or delivering natural or artificial gas or oil or any liquid or gaseous hydrocarbons, including, but not limited to, pumping stations, terminals, storage tanks, or reservoirs, and related installations.
 (b) The use of water for mining, power, and municipal purposes and the use of pole and power lines for telephone and telegraph wires, for aerial trams, and for the transmission of electric light and electric power, by whomever utilized, are each declared to be beneficial to the public and to be a public use within the provisions of AS 09.55.240 - 09.55.460. Rights-of-way across private property when they are necessary for the operation of the mine or other project in connection with which it is intended to be used may be condemned in the manner as for any other condemnation. The right-of-way may extend only to a right-of-way along, upon, and across the surface of the land to be condemned and to a strip of the land of sufficient width to permit the construction on the land of a ditch, flume, pipeline, canal, or other means of conveying water as is adequate for the purposes intended, for the setting of poles or the construction of towers upon which to string wires for telephone and telegraph lines and lines for the transmission of electric light or power for the operation of aerial trams, and to permit maintaining the lines and keeping them in repair.
 (c) [Repealed, Sec. 15 ch 59 SLA 1982].
 Sec. 09.55.250. - Classification of estates and land subject to be taken.
 The following is a classification of the estates and rights in land subject to be taken for public use:
 (1) a fee simple, when taken for public buildings or grounds, or for permanent buildings, for reservoirs and dams and permanent flooding occasioned by them, or for an outlet for a flow, or a place for the deposit of debris or tailings of a mine, or when, in the judgment of the Department of Natural Resources, or the Department of Transportation and Public Facilities, a fee simple is necessary for any of the purposes for which the department, on behalf of the state, is authorized by law to acquire real property by condemnation;
 (2) an easement when taken for any other use;
 (3) the right of entry upon an occupation of land, and the right to take from the land earth, gravel, stones, trees, and timber as may be necessary for a public use.
 Sec. 09.55.260. - Private property subject to be taken.
 The private property which may be taken under AS 09.55.240 - 09.55.460 includes
 (1) all real property belonging to any person;
 (2) land belonging to the state or to an organized or unorganized borough, city, town, village, or other municipal division, whether incorporated or unincorporated, not appropriated to a public use;
 (3) property appropriated to public use, but the property shall not be taken unless for a more necessary purpose than that to which it has already been appropriated;
 (4) franchises for a public utility, but those franchises shall not be taken unless for a more necessary public use;
 (5) all rights-of-way for any of the purposes mentioned in AS 09.55.240, and the structures and improvements on the rights-of-way, and the land held and used in connection with them shall be subject to be connected with, crossed, or intersected by another right-of-way or improvements or structures on them; they shall also be subject to a limited use, in common with the owner, when necessary; but the uses, crossings, intersections, and connections shall be made in the manner most compatible with the greatest public benefit and least private injury;
 (6) all classes of private property not enumerated may be taken for public use when the taking is authorized by law.
 Sec. 09.55.265. - Taking of property under reservation void.
 After April 14, 1966, no agency of the state may take privately-owned property by the election or exercise of a reservation to the state acquired under the Act of June 30, 1932, ch. 320, Sec. 5, as added July 24, 1947, ch. 313, 61 Stat. 418, and taking of property after April 14, 1966 by the election or exercise of a reservation to the state under that federal Act is void.
 Sec. 09.55.266. - Existing rights not affected.
 AS 09.55.265 shall not be construed to divest the state of, or to require compensation by the state for, any right-of-way or other interest in real property which was taken by the state, before April 14, 1966, by the election or exercise of its right to take property through a reservation acquired under the Act of June 30, 1932, ch. 320, Sec. 5, as added July 24, 1947, ch. 313, 61 Stat. 418.
 Sec. 09.55.270. - Prerequisites.
 Before property can be taken, it shall appear that
 (1) the use to which it is to be applied is a use authorized by law;
 (2) the taking is necessary to the use;
 (3) if already appropriated to a public use, the public use to which it is to be applied is a more necessary public use.
 Sec. 09.55.275. - Replat approval.
 An agency of the state or municipality may not acquire property located within a municipality exercising the powers conferred by AS 29.35.180 or 29.35.260(c) that results in a boundary change unless the agency or municipality first obtains from the municipal platting authority preliminary approval of a replat showing clearly the location of the proposed public streets, easements, rights-of-way, and other taking of private property. Final approval of replat shall be similarly obtained. However, if a state agency clearly demonstrates an overriding state interest, a waiver to the approval requirements of this section may be granted by the governor. The platting authority shall treat applications for replat made by state or local governmental agencies in the same manner as replat petitions originated by private landowners.
 Sec. 09.55.280. - Entry upon land.
 In all cases where land is required for public use, the state, the public entity, or persons having the authority to condemn, or its agents in charge of the use may enter upon the land and make examination, surveys, and maps and locate the boundaries; but it shall be located in the manner that will be most compatible with the greatest public good and the least private injury, and subject to the provisions of AS 09.55.300 . The entry shall constitute no cause of action in favor of the owners of the land except for injuries resulting from negligence, wantonness, or malice.
 Sec. 09.55.290. - Jurisdiction.
 Eminent domain proceedings may be commenced in the superior court.
 Sec. 09.55.300. - Powers of court.
 (a) The court has power
 (1) to regulate and determine the place and manner of making the connections and crossings or of enjoying the common uses mentioned in AS 09.55.260 (5), and of the occupying of canyons, passes, and defiles for railroad purposes, as permitted and regulated by law;
 (2) to limit the amount of property sought to be condemned if, in its opinion, the quantity sought to be condemned is not necessary.
 (b) If the court determines that the property is to be taken for a public use, and if all parties to the action do not object, the court shall appoint a master to determine the amount to be paid by the plaintiffs to each owner or other person interested in the property as compensation and damages by reason of the appropriation of the property. If all parties to the action object to the appointment of a master the court shall proceed with a jury trial, unless the jury is waived by all parties to the action.
 Sec. 09.55.310. - Hearing.
 (a) The jury or master shall hear the allegations and evidence of persons interested and shall ascertain and assess the following:
 (1) the value of the property sought to be condemned, and all improvements on it pertaining to the realty, and of each separate estate or interest in it; if it consists of different parcels, the value of each parcel and each estate or interest in each parcel shall be separately assessed;
 (2) if the property sought to be condemned constitutes only a part of a larger parcel, the damages that will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff;
 (3) separately, how much the portion not sought to be condemned and each estate or interest in it will be benefited, if at all, by the construction of the improvements proposed by the plaintiff; and, if the benefit is equal to the damages assessed under (2) of this section, the owner of the parcel shall be allowed no damages except the value of the portion taken; but if the benefits are less than the damages so assessed, the former shall be deducted from the latter and the remainder shall be the only damages allowed in addition to the value;
 (4) if the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of the railroad, and the cost of cattle guards where fences may cross the line of the railroad.
 (b) As far as practicable, compensation shall be assessed for each source of damages separately.
 Sec. 09.55.320. - Right to jury trial as to damages and value of property.
 An interested party may appeal the master's award of damages and valuation of the property, in which case there shall be a trial by jury on the question of the amount of damages and the value of the property, unless the jury is waived by the consent of all parties to the appeal.
 Sec. 09.55.330. - Compensation and damages.
 For the purpose of assessing compensation and damages, the right to them accrues at the date of issuance of the summons, and its actual value at that date is the measure of compensation of the property to be actually taken, and the basis of damages to property not actually taken but injuriously affected in the cases where the damages are allowed. If an order is made letting the plaintiff into possession, as provided in AS 09.55.380 , the compensation and damages awarded shall draw lawful interest from the date of the order. Improvements put upon the property after the date of the service of summons may not be included in the assessment of compensation or damages.
 Sec. 09.55.340. - Defective title.
 If the title attempted to be acquired is found to be defective from any cause, the plaintiff may again institute proceedings to acquire the same as provided in AS 09.55.240 - 09.55.460.
 Sec. 09.55.350. - Time for paying compensation or damages and bond to build railroad fences and cattle guards.
 The plaintiff shall, within 30 days after final judgment, pay the sum of money assessed. If the use is for railroad purposes, the plaintiff may, at the time of or before the payment, elect to build the fences and cattle guards. If the plaintiff so elects, the plaintiff shall execute to the defendant a bond, with one or more sureties to be approved by the court, in double the assessed cost of the same to build such fences and cattle guards within eight months from the time the railroad is built on the land taken. If the bond is given, the plaintiff need not pay the cost of the fences and cattle guards. In an action on the bond, the plaintiff may recover reasonable attorney fees.
 Sec. 09.55.360. - Payment or deposit and execution.
 Payment may be made to the defendants entitled to payment, or the money may be deposited in court for the defendants and be distributed to those entitled to it. If the money is not so paid or deposited, the defendants may have execution as in civil cases. If the money cannot be obtained on execution, the court, upon a showing to that effect, shall set aside and annul the entire proceedings and restore possession of the property to the defendants if possession has been taken by the plaintiff.
 Sec. 09.55.370. - Final order of condemnation.
 When payments have been made and the bond given, if the plaintiff elects to give one as required by AS 09.55.350 , the court shall make a final order of condemnation, which shall describe the property condemned and the purposes of the condemnation. A copy of the order shall be recorded in the office of the recording district where the land is located, at which time the property described in the order vests in the plaintiff for the purposes specified in the order.
 Sec. 09.55.380. - Order authorizing plaintiff to continue in or take possession.
 Upon application of the plaintiff at any time after the jury's verdict has been returned or the master's report has been filed in the court, the court may make an order that, upon payment into court of the amount of damages assessed in the report or by the jury, the plaintiff, if already in possession of the property sought to be condemned, may continue in possession and, if not in possession, the court may authorize the plaintiff to take possession of the property and use and possess it until the final conclusion of the proceedings, and that all actions and proceedings against the plaintiff on that account be stayed until that time. However, where an appeal is taken by the defendant, the court may also require the plaintiff to give a bond or undertaking with sufficient sureties before continuing or taking possession. The bond or undertaking shall be approved by the court and shall be in the sum the court may direct, and conditioned to pay defendant any additional damages and costs given by the judgment over and above the amount assessed, and the damages which defendant sustains if the property is not taken for public uses. For the purposes of this section the amount assessed as damages in the report or by the jury is considered as just compensation for the property appropriated until reassessed or changed in further proceedings. However, the plaintiff, by payment into court of the amount assessed or by giving security as above provided, is not precluded from an appeal, but may appeal in the manner and with the effect as if no money had been deposited or security given. If the plaintiff deposits the amount of the assessment and continues in possession or takes possession of the property and there is no dispute as to the ownership of the property, the defendant may at any time demand and receive from the court the money deposited, and the demand or receipt does not bar or preclude the defendant from the right of appeal. However, if the amount of the assessment is reduced on appeal by either party, the defendant who has received the amount of the assessment deposited is liable to the plaintiff for the difference between the amount received by the defendant and the amount finally assessed with legal interest from the time the defendant received the money deposited, and it may be recovered by action.
 Sec. 09.55.390. - Acquisition of easements and additional powers of the court to require surrender of possession to plaintiff.
 The right to take possession under this section is in addition to any other right to take possession provided in AS 09.55.240 - 09.55.460. In proceedings for the acquisition of easements for the transmission and distribution of electric energy, communications, water, steam, and gas, the court may, upon motion and after a hearing, fix the time during which 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 action has been commenced. Notice of the hearing shall be as provided in the Alaska Rules of Civil Procedure, except that, where service by publication is required, notice may be given at any time following the date of the last publication by registered mail addressed to the defendant and to parties in possession at their last known addresses as shown on the latest tax roll of the political subdivision in which the premises are located or as indicated by other evidence that shall be satisfactory to the court.
 Sec. 09.55.400. - Deposit into court of estimated compensation and damages; costs and fees.
 The order given under AS 09.55.390 requiring the parties in possession to surrender possession to the plaintiff shall require that the plaintiff deposit with the clerk of the court an amount of money determined by the court fairly to represent the estimated compensation and the estimated damages to the defendant and for the speedy occupation, including reasonable relocation costs if required. In addition the court shall include in its order a further requirement that the plaintiff execute and file with the clerk of the court a bond, approved as to form and as to sufficiency of the sureties by the court, in an amount equal to the amount of money required to be deposited, conditioned upon payment to the defendant of additional damages and costs found to be due to the defendant in the action. Costs or attorney fees may not be assessed against the defendant in an action brought under AS 09.55.390 .
 Sec. 09.55.410. - Withdrawal of funds by party in interest.
 The money deposited in the court or a part of it may be withdrawn by a party in interest in the manner provided in AS 09.55.440 , and the court shall have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation and to make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and equitable.
 Sec. 09.55.420. - Declaration of taking by state or municipality.
 (a) Where a proceeding is instituted under AS 09.55.240 - 09.55.460 by the state, it may file a declaration of taking with the complaint or at any time after the filing of the complaint, but before judgment. Where a proceeding is instituted under AS 09.55.240 - 09.55.460 by a municipality in the exercise of eminent domain for street or highway, off-street automobile parking facilities, school, sewer, water, telephone, electric, other utility, and slum clearance purposes or use granted to cities of the first class, the governing body of the municipality may exercise the power through the filing of a declaration of taking with the complaint or at any time after the filing of the complaint, but before judgment. The declaration of taking procedure may not be used with relation to the property of rural electrification or telephone cooperatives or nonprofit associations receiving financial assistance from the federal government under the Rural Electrification Act; provided that no declaration of taking for off-street parking purposes may be used unless there has been public notice by publication in a newspaper of general circulation in the area for not less than once a week for four consecutive weeks followed by a full and complete public hearing held before the governing body of the first class city or municipality.
 (b) [Repealed, Sec. 15 ch 59 SLA 1982].
 Sec. 09.55.430. - Contents of declaration of taking.
 The declaration of taking must contain
 (1) a statement of the authority under which the property or an interest in it is taken;
 (2) a statement of the public use for which the property or an interest in it is taken;
 (3) a description of the property sufficient for the identification of it;
 (4) a statement of the estate or interest in the property;
 (5) a map or plat showing the location of the property;
 (6) a statement of the amount of money estimated by the plaintiff to be just compensation for the property or the interest in it;
 (7) a statement that the property is taken by necessity for a project located in a manner that is most compatible with the greatest public good and the least private injury.
 Sec. 09.55.440. - Vesting of title and compensation.
 (a) Upon the filing of the declaration of taking and the deposit with the court of the amount of the estimated compensation stated in the declaration, title to the estate as specified in the declaration vests in the plaintiff, and that property is condemned and taken for the use of the plaintiff, and the right to just compensation for it vests in the persons entitled to it. The compensation shall be ascertained and awarded in the proceeding and established by judgment. The judgment must include interest at the rate of 10.5 percent a year on the amount finally awarded that exceeds the amount paid into court under the declaration of taking. The interest runs from the date title vests to the date of payment of the judgment.
 (b) Upon motion of a party in interest and notice to all parties, the court may order that the money deposited or a part of it be paid immediately to the person or persons entitled to it for or on account of the just compensation to be awarded in the proceedings. If the compensation finally awarded exceeds the amount of money deposited, the deposit shall be offset against the award. If the compensation finally awarded is less than the amount of money deposited, the court shall enter judgment in favor of the plaintiff and against the proper parties for the amount of the excess.
 Sec. 09.55.450. - Right of entry and possession.
 (a) Upon the filing of the declaration of taking and the deposit of the estimated compensation, the court may, upon motion, fix the time during which and the terms upon which the parties in possession are required to surrender possession to the petitioner. However, the right of entry shall not be granted the plaintiff until after the running of the time for the defendant to file an objection to the declaration of taking or until after the hearing on any objection to the declaration of taking if the objection is made in the time allowed by law. Where the party in possession withdraws any part of the award and remains in possession, the court may fix a reasonable rental for the premises to be paid by that party to the plaintiff during such possession.
 (b) The court may direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and make orders with respect to encumbrances, liens, rents, insurance, and other charges as are just and equitable.
 (c) The right to take possession and title in advance of final judgment where a declaration of taking is filed is in addition to any other rights to take possession provided in AS 09.55.240 - 09.55.460.
 Sec. 09.55.460. - Effect of appeal.
 (a) An appeal or a bond or undertaking given does not operate to prevent or delay the vesting of title to real property or the right to possession of it.
 (b) The plaintiff may not be divested of a title or possession acquired except where the court finds that the property was not taken by necessity for a public use or purpose in a manner compatible with the greatest public good and the least private injury. In the event of that finding, the court shall enter the judgment necessary to (1) compensate the persons entitled to it for the period during which the property was in the possession of the plaintiff, (2) recover for the plaintiff any award paid to any person, and (3) order the plaintiff to restore the property to the condition in which it existed at the time of the filing of the declaration of taking unless such restoration is impossible, in which case the court shall award damages to the proper persons as compensation for any diminution in the value of the property caused by the plaintiff's wrongful possession.
 Sec. 09.55.470. - Suits on undertakings.
 (a) The official undertaking or other security of a public officer to the state, a borough, city, town, or other municipal or public corporation of like character therein is considered a security to the state or to the borough, city, town, or other municipal or public corporation, as the case may be, and also to all persons severally for the official delinquency against which it is intended to provide.
 (b) When a public officer, by official misconduct or neglect of duty, forfeits the officer's official undertaking or other security or renders the sureties liable upon the undertaking or other security, a person injured by the misconduct or neglect or who is by law entitled to the benefit of the security may maintain an action thereon in the person's own name against the officer and the sureties to recover the amount to which the person may be entitled.
 Sec. 09.55.480. - Subsequent actions on same undertaking.
 A judgment in favor of a party for one delinquency does not preclude the same or another party from maintaining another action on the same undertaking or other security for another delinquency.
 Sec. 09.55.490. - Amount of judgment.
 In an action upon an official undertaking or other security, if judgment has already been recovered against the surety therein other than by confession equal in the aggregate to the penalty or a part of the penalty of the undertaking or other security and if the recovery be established on the trial, judgment may not be given against the surety for an amount exceeding the penalty or such portion of the penalty as is not already recovered against the surety.
 Sec. 09.55.500. - Actions for fines or forfeitures.
 Fines and forfeitures may be recovered by an action in the name of the state or the officer or person to whom they were given by law, or in the name of the state, officer, or person who is authorized to prosecute for them.
 Sec. 09.55.510. - Amount that may be claimed and recovered.
 When an action is commenced for a penalty that by law is not to exceed a certain amount, the action may be commenced for that amount, and, if the judgment is given for the plaintiff, it may be for that amount or less, in the discretion of the court, in proportion to the offense.
 Sec. 09.55.520. - Collusive judgment not a bar to another action.
 Recovery of a judgment for a penalty or forfeiture obtained by collusion between the plaintiff and defendant with intent to save the defendant wholly or partially from the consequence contemplated by law in cases where penalty or forfeiture is given wholly or partly to the person who prosecutes, does not bar the recovery of a penalty or forfeiture by another person in a separate action.
 Sec. 09.55.530. - Declaration of purpose.
 The legislature considers that there is a need in Alaska to codify the law with regard to medical liability in order to establish that the law in Alaska in this regard is the same as elsewhere.
 Sec. 09.55.535. - Voluntary arbitration.
 (a) A patient and any health care provider may execute an agreement to submit to arbitration any dispute, controversy, or issue arising out of care or treatment by the health care provider during the period that the agreement is in force or that has already arisen between the parties. Execution of an agreement under this subsection by a patient may not be made a prerequisite to receipt of care or treatment by the health care provider.
 (b) An agreement to arbitrate executed before care or treatment is provided must clearly provide in bold print on the face of the agreement that execution of the agreement by the patient is not a prerequisite to receiving care or treatment. If this subsection is not complied with by the health care provider, the agreement to arbitrate is void. The form to be used shall be approved in advance by the attorney general of the state to assure it fairly informs both parties to the agreement and properly protects their interests.
 (c) The agreement must provide that the person receiving health care may revoke the agreement within 30 days after execution by notifying the health care provider in writing. The period for revocation shall be tolled during any period that the person receiving health care is physically unable to execute a revocation. The health care provider may not revoke the agreement after its execution.
 (d) An arbitration agreement entered into by the parents or legal guardian of a minor person receiving health care is binding upon the minor person.
 (e) An agreement to arbitrate between a patient and a hospital must be reexecuted each time a person is admitted to a hospital. The agreement may be extended by written agreement of all parties to apply to care after hospitalization. A person receiving outpatient care from a hospital or clinic or a member of a health maintenance organization may execute an agreement with the hospital that provides for continuation of the agreement for a continuing program of treatment or during continued membership.
 (f) Upon the filing of a malpractice claim that is subject to an agreement to arbitrate, the claim shall be submitted to an arbitration board. The arbitration board shall consist of three arbitrators: one arbitrator designated by the claimant or claimants, one arbitrator designated by the health care provider or providers against whom the claim is made, and a third arbitrator designated by mutual agreement who shall serve as chairperson of the board. If the parties cannot agree on the third person, the court will provide a choice of three or more persons who might serve as chairperson of the arbitration board, which shall be from a list of qualified arbitrators furnished by the attorney general. Claimant or claimants together and health care provider or providers together may each strike one or more names so that after each side has done so at least one name remains, providing a basis for the final selection by the court.
 (g) The attorney general shall prepare a list of persons consisting of lawyers or other persons qualified to serve as chairperson of an arbitration board. They shall be selected on basis of their technical expertise, judicial temperament, and capability of impartially acting on malpractice claims. The attorney general shall submit a list of at least three names whenever requested to do so by the court along with detailed biographical information on each person listed.
 (h) Each member of the arbitration board shall receive reasonable compensation to be paid by the court based on the extent and duration of services rendered. The court shall pay the costs of expert witnesses called by the board and the costs of expert witnesses called by the parties to the arbitration up to a maximum of three witnesses for each side and $150 per day for each expert witness.
 (i) The arbitration board may appoint an expert advisory panel, with the powers of the expert advisory panel under AS 09.55.536 , to advise the board on the medical facts of the case.
 (j) The court shall specify the shortest practical deadline for completion of the work of the arbitration board, taking into account all the circumstances and the nature of the case.
 (k) The provisions of the Uniform Arbitration Act, AS 09.43.010 - 09.43.180, apply to arbitrations under this section if they do not conflict with the provisions of this section; arbitrations under this section shall be conducted in accordance with procedures established by any rules of court which may be adopted and according to provisions of AS 09.55.540 - 09.55.548 and AS 09.55.554 - 09.55.560, and AS 09.65.090.
 Sec. 09.55.536. - Expert advisory panel.
 (a) In an action for damages due to personal injury or death based upon the provision of professional services by a health care provider, including a person providing services on behalf of a governmental entity, when the parties have not agreed to arbitration of the claim under AS 09.55.535 , the court shall appoint within 20 days after filing of answer to a summons and complaint a three-person expert advisory panel unless the court decides that an expert advisory opinion is not necessary for a decision in the case. When the action is filed, the court shall, by order, determine the professions or specialties to be represented on the expert advisory panel, giving the parties the opportunity to object or make suggestions.
 (b) The expert advisory panel may compel the attendance of witnesses, interview the parties, physically examine the injured person if alive, consult with the specialists or learned works they consider appropriate, and compel the production of and examine all relevant hospital, medical, or other records or materials relating to the health care in issue. The panel may meet in camera, but shall maintain a record of any testimony or oral statements of witnesses, and shall keep copies of all written statements it receives.
 (c) Not more than 30 days after selection of the panel, the panel shall make a written report to the parties and to the court, answering the following questions and other questions submitted to the panel by the court in sufficient detail to explain the case and the reasons for the panel's answers:
 (1) Why did the claimant seek medical care?
 (2) Was a correct diagnosis made? If not, what was incorrect about the diagnosis?
 (3) Was the treatment or lack of treatment appropriate? If not, what was inappropriate about the treatment or lack of treatment?
 (4) Was the claimant injured during the course of evaluation or treatment or by failure to diagnose or treat?
 (5) If the answer to question 4 is "yes," what is the nature and extent of the medical injury?
 (6) What specifically caused the medical injury?
 (7) Was the medical injury caused by unskillful care? Explain.
 (8) If a medical injury had not occurred, what would have been the likely outcome of the medical case?
 (d) In any case in which the answer to one or more of the questions submitted to the panel depends upon the resolution of factual questions that are not the proper subject of expert opinion, the report must so state and may answer questions based upon hypothetical facts that are fully set out in the opinion. The report must include copies of all written statements, opinions, or records relied upon by the panel and either a transcription or other record of any oral statements or opinions; must specify any medical or scientific authority relied upon by the panel; and must include the results of any physical or mental examination performed on the plaintiff. Each member shall sign the report and the signature constitutes the member's adoption of all statements and opinions contained in it; however, a member may, instead of signing the report, submit a concurring or dissenting report that complies with the requirements of this subsection. A member may not attest to any portion of the report as to which the member is not qualified to give expert testimony.
 (e) The report of the panel with any dissenting or concurring opinion is admissible in evidence to the same extent as though its contents were orally testified to by the person or persons preparing it. The court shall delete any portion that would not be admissible because of lack of foundation for opinion testimony, or otherwise. Either party may submit testimony to support or refute the report. The jury shall be instructed in general terms that the report shall be considered and evaluated in the same manner as any other expert testimony. Any member of the panel may be called by any party and may be cross-examined as to the contents of the report or of that member's dissenting or concurring opinion.
 (f) Discovery may not be undertaken in a case until the report of the expert advisory panel is received or 60 days after selection of the panel, whichever occurs first. However, the court may relax this prohibition upon a showing of good cause by any party. If the panel has not completed its report within the 30-day period prescribed in (c) of this section, the court may, upon application, grant the panel an additional 30 days.
 (g) Members of a panel are entitled to travel expenses and per diem in accordance with state law pertaining to members of boards and commissions for all time spent in preparing its report. If a panel member is called upon as a witness at trial or upon deposition, the member is entitled to payment of an expert witness fee, which may not exceed $150 per day. All expenses incurred by the panel shall be paid by the court. However, in any case in which the court determines that a party has made a patently frivolous claim or a patently frivolous denial of liability, it shall order that all costs of the expert advisory panel be borne by the party making that claim or denial.
 (h) Parties to the case and their counsel may not initiate communication out of court with members of the panel on the subject matter of its inquiry and report or cause or solicit others to do so, except through ordinary discovery proceedings.
 (i) This section applies regardless of whether a party in the action or the health care provider whose professional services are the subject of the action is a governmental entity or in the public or private sector.
 Sec. 09.55.540. - Burden of proof.
 (a) In a malpractice action based on the negligence or wilful misconduct of a health care provider, the plaintiff has the burden of proving by a preponderance of the evidence
 (1) the degree of knowledge or skill possessed or the degree of care ordinarily exercised under the circumstances, at the time of the act complained of, by health care providers in the field or specialty in which the defendant is practicing;
 (2) that the defendant either lacked this degree of knowledge or skill or failed to exercise this degree of care; and
 (3) that as a proximate result of this lack of knowledge or skill or the failure to exercise this degree of care the plaintiff suffered injuries that would not otherwise have been incurred.
 (b) In malpractice actions there is no presumption of negligence on the part of the defendant.
 Sec. 09.55.546. - Advance payments.
 In an action to recover damages under AS 09.55.530 - 09.55.560, no advance payment made by the defendant health care provider or the professional liability insurer of the defendant to or on behalf of the plaintiff is admissible as evidence or may be construed as an admission of liability for injuries or damages suffered by the plaintiff; however, a final award in favor of the plaintiff shall be reduced to the extent of any advance payment. The advance payment shall inure to the exclusive benefit of the defendant or the insurer making the payment.
 Sec. 09.55.547. - Pleading of damages.
 In a cause of action against a health care provider for malpractice, the complaint or any other pleadings may not contain an ad damnum clause or monetary amount claimed against the defendant health care provider, except as necessary for jurisdictional purposes.
 Sec. 09.55.548. - Awards, collateral source.
 (a) Damages shall be awarded in accordance with principles of the common law. The fact finder in a malpractice action shall render any award for damages by category of loss. The court may enter a judgment that future damages be paid in whole or in part by periodic payments rather than by a lump-sum payment; the judgment must include, if necessary, other provisions to assure that funds are available as periodic payments become due. Insurance from an authorized insurer as defined in AS 21.90.900 is sufficient assurance that funds will be available. Any part of the award that is paid on a periodic basis shall be adjusted annually according to changes in the consumer price index in the community where the claimant resides. In this subsection, "future damages" includes damages for future medical treatment, care or custody, loss of future earnings, or loss of bodily function of the claimant.
 (b) Except when the collateral source is a federal program that by law must seek subrogation and except death benefits paid under life insurance, a claimant may only recover damages from the defendant that exceed amounts received by the claimant as compensation for the injuries from collateral sources, whether private, group, or governmental, and whether contributory or noncontributory. Evidence of collateral sources, other than a federal program that must by law seek subrogation and the death benefit paid under life insurance, is admissible after the fact finder has rendered an award. The court may take into account the value of claimant's rights to coverage exhausted or depleted by payment of these collateral benefits by adding back a reasonable estimate of their probable value, or by earmarking and holding for possible periodic payment under (a) of this section that amount of the award that would otherwise have been deducted, to see if the impairment of claimant's rights actually takes place in the future.
 Sec. 09.55.550. - Jury instructions.
 In medical malpractice actions the jury shall be instructed that the plaintiff has the burden of proving the health care provider's negligence or wilful misconduct in accordance with the standard of proof specified in AS 09.55.540 . The jury shall be further instructed that injury alone does not raise a presumption of the health care provider's negligence or misconduct.
 Sec. 09.55.554. - Immunity for oral contracts.
 A cause of action against a health care provider does not arise for breach of an oral contract to provide a cure or achieve a specific medical result.
 Sec. 09.55.556. - Informed consent.
 (a) A health care provider is liable for failure to obtain the informed consent of a patient if the claimant establishes by a preponderance of the evidence that the provider has failed to inform the patient of the common risks and reasonable alternatives to the proposed treatment or procedure, and that but for that failure the claimant would not have consented to the proposed treatment or procedure.
 (b) It is a defense to any action for medical malpractice based upon an alleged failure to obtain informed consent that
 (1) the risk not disclosed is too commonly known or is too remote to require disclosure;
 (2) the patient stated to the health care provider that the patient would undergo the treatment or procedure regardless of the risk involved or that the patient did not want to be informed of the matters to which the patient would be entitled to be informed;
 (3) under the circumstances consent by or on behalf of the patient was not possible; or
 (4) the health care provider after considering all of the attendant facts and circumstances used reasonable discretion as to the manner and extent that the alternatives or risks were disclosed to the patient because the health care provider reasonably believed that a full disclosure would have a substantially adverse effect on the patient's condition.
 Sec. 09.55.560. - Definitions.
 In AS 09.55.530 - 09.55.560,
 (1) "health care provider" means an acupuncturist licensed under AS 08.06; an audiologist licensed under AS 08.11; 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; a naturopath licensed under AS 08.45; 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 18.20.130 , including a governmentally owned or operated hospital; an employee of a health care provider acting within the course and scope of employment; an ambulatory surgical facility and other organizations whose primary purpose is the delivery of health care, including a health maintenance organization, individual practice association, integrated delivery system, preferred provider organization or arrangement, and a physical hospital organization;
 (2) "board" means an arbitration board established under AS 09.55.535;
 (3) "panel" means an expert advisory panel established under AS 09.55.536;
 (4) "professional negligence" means a negligent act or omission by a health care provider in rendering professional services;
 (5) "professional services" means service provided by a health care provider that is within the scope of services for which the health care provider is licensed and that is not prohibited under the health care provider's license or by a facility in which the health care provider practices.
 Sec. 09.55.570. - All causes of action survive.
 All causes of action by one person against another, whether arising on contract or otherwise, except those involving defamation of character, survive to the personal representatives of the former and against the personal representatives of the latter, but this shall not be construed so as to abate an action for a wrong where any party has died after the verdict or to defeat or prejudice the right of action given by AS 09.15.010. The personal representatives may maintain an action thereon against the party against whom the cause of action accrued, or, after the party's death, against the personal representatives of the party.
 Sec. 09.55.580. - Action for wrongful death.
 (a) Except as provided under (f) of this section, when the death of a person is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action, had the person lived, against the latter for an injury done by the same act or omission. The action shall be commenced within two years after the death, and the damages therein shall be the damages the court or jury may consider fair and just. The amount recovered, if any, shall be exclusively for the benefit of the decedent's spouse and children when the decedent is survived by a spouse or children, or other dependents. When the decedent is survived by no spouse or children or other dependents, the amount recovered shall be administered as other personal property of the decedent but shall be limited to pecuniary loss. When the plaintiff prevails, the trial court shall determine the allowable costs and expenses of the action and may, in its discretion, require notice and hearing thereon. The amount recovered shall be distributed only after payment of all costs and expenses of suit and debts and expenses of administration.
 (b) The damages recoverable under this section shall be limited to those which are the natural and proximate consequence of the negligent or wrongful act or omission of another.
 (c) In fixing the amount of damages to be awarded under this section, the court or jury shall consider all the facts and circumstances and from them fix the award at a sum which will fairly compensate for the injury resulting from the death. In determining the amount of the award, the court or jury shall consider but is not limited to the following:
 (1) deprivation of the expectation of pecuniary benefits to the beneficiary or beneficiaries, without regard to age thereof, that would have resulted from the continued life of the deceased and without regard to probable accumulations or what the deceased may have saved during the lifetime of the deceased;
 (2) loss of contributions for support;
 (3) loss of assistance or services irrespective of age or relationship of decedent to the beneficiary or beneficiaries;
 (4) loss of consortium;
 (5) loss of prospective training and education;
 (6) medical and funeral expenses.
 (d) The death of a beneficiary or beneficiaries before judgment does not affect the amount of damages recoverable under this section.
 (e) The right of action granted by this section is not abated by the death of a person named or to be named the defendant.
 (f) A person whose act or omission constitutes the felonious killing of another person may not recover damages for the death of that person either directly or as a personal representative of that person's estate. In this subsection, a "felonious killing" means a crime defined by AS 11.41.100 - 11.41.140.
 Sec. 09.55.590. - Removal of disabilities of minority.
 (a) A minor who is a resident of this state and is at least 16 years of age, who is living separate and apart from the parents or guardian of the minor, capable of sustained self-support and of managing one's own financial affairs, or the legal custodian of such a minor, may petition the superior court to have the disabilities of minority removed for limited or general purposes.
 (b) A minor or the legal custodian of a minor may institute a petition under this section in the name of the minor.
 (c) The petition for removal of disabilities of minority must state
 (1) the name, age, and residence address of the minor;
 (2) the name and address of each living parent;
 (3) the name and address of the guardian of the person and the guardian of the estate, if any;
 (4) the reasons why removal would be in the best interest of the minor; and
 (5) the purposes for which removal is sought.
 (d) The person who institutes a petition under this section must obtain the consent of each living parent or guardian having control of the person or property of the minor. If the person who is to consent to the petition is unavailable or the whereabouts of that person are unknown, or if a parent or guardian unreasonably withholds consent, the court, acting in the best interest of the minor, may waive this requirement of consent as to that parent or guardian.
 (e) The court may appoint an attorney or a guardian ad litem to represent the interests of the minor at the hearing. Appointment of an attorney or guardian ad litem shall be made in accordance with AS 25.24.310.
 (f) If the petition under this section is filed by a minor, the court may remove the disabilities of minority as requested in the petition if the court finds on the record after a hearing that the minor is a resident of the state, at least 16 years of age, living separate and apart from the parent or guardian of the minor, and capable of sustained self-support and managing the minor's own financial affairs. If the petition under this section is filed by the legal custodian of a minor, the court may remove the disabilities of minority as requested in the petition only if the minor consents on the record to the removal of disabilities and the court, in addition to making the other findings required under this subsection for a petition filed by a minor, makes a finding on the record that there is interpersonal conflict involving the legal custodian and the minor that the custodian and the minor have been unable to resolve satisfactorily through other means; the finding must include a description of the efforts that were made by the legal custodian to resolve the interpersonal conflict before the custodian filed the petition under this section. If the court determines that removal of disabilities is in the best interests of the minor, the court may waive the requirement for the minor's consent that is otherwise imposed under this subsection. In making its decision under this subsection, the court may consider whether a noncustodial parent of the minor is able and willing to petition for custody of the minor.
 (g) Except for specific constitutional and statutory age requirements for voting and use of alcoholic beverages, a minor whose disabilities are removed for general purposes has the power and capacity of an adult, including but not limited to the right to self-control, the right to be domiciled where one desires, the right to receive and control one's earnings, to sue or to be sued, and the capacity to contract.
 Sec. 09.55.600. - [Renumbered as AS 25.35.010 ].
 Repealed or Renumbered
 Sec. 09.55.601. - [Renumbered as AS 09.60.070 ].
 Repealed or Renumbered
 Sec. 09.55.610. - 09.55.640. - [Renumbered as AS 25.35.020 - 25.35.060].
 Repealed or Renumbered
 Article 09 - ACTIONS BY CRIME VICTIMS
 Sec. 09.55.650. - Claim based on sexual abuse to a minor under 16 years of age.
 (a) A person who, as a minor under 16 years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an injury or condition suffered as a result of the sexual abuse.
 (b) If the defendant committed more than one act of sexual abuse on the plaintiff, the plaintiff is not required to prove which specific act caused the injury.
 (c) In this section, "sexual abuse" means an act committed by the defendant against the plaintiff maintaining the cause of action if the defendant's conduct would have violated a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458, former AS 11.15.120 , 11.15.134, or 11.15.160, or former AS 11.40.110 at the time it was committed.
 Chapter 09.60. - COSTS AND ATTORNEY FEES
 Sec. 09.60.010. - Costs and attorney fees allowed prevailing party.
 The supreme court shall determine by rule or order the costs, if any, that may be allowed a prevailing party in a civil action. Unless specifically authorized by statute or by agreement between the parties, attorney fees may not be awarded to a party in a civil action for personal injury, death, or property damage related to or arising out of fault, as defined in AS 09.17.900 , unless the civil action is contested without trial, or fully contested as determined by the court.
 Sec. 09.60.015. - Attorney fees in certain small claims actions.
 (a) In any action for damages where the amount pleaded is $1,000 or less, and the plaintiff, when represented by counsel, prevails in the action, the plaintiff shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the action as a part of the costs of the action if the court finds that written demand for the payment of the claim was made on the defendant 20 days or more before the commencement of the action. However, attorney fees may not be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff before the commencement of the action, an amount not less than the damages awarded to the plaintiff.
 (b) If the defendant, when represented by counsel, pleads a counterclaim that does not exceed $1,000, and the defendant prevails in the action, the defendant shall be allowed a reasonable amount to be fixed by the court as attorney fees for the prosecution of the counterclaim as part of the costs of the action.
 (c) This section is subject to AS 45.50.537 .
 Sec. 09.60.020. - Liability of guardian ad litem for costs.
 A person appointed guardian ad litem by a court for an infant or incompetent defendant is not liable for the costs of the action.
 Sec. 09.60.030. - Guardian's responsibility for allowance against infant plaintiff.
 Sec. 09.60.030. Guardian's responsibility for allowance against infant plaintiff.
 When costs or disbursements are adjudged against an infant plaintiff or incompetent, the guardian by whom the plaintiff appeared in the action is responsible for the payment, and payment may be enforced against the guardian as if the guardian were the actual plaintiff.
 Sec. 09.60.040. - Costs where party is a representative.
 In actions in which an executor, administrator, trustee of an express trust, or a person authorized to represent a party is a party, costs may be allowed as in other cases. However, when costs are allowed against that party, they are chargeable solely upon the estate, fund, or party represented unless the court orders the costs to be paid by that party personally for mismanagement or bad faith in the conduct of the action.
 Sec. 09.60.050. - Costs awarded against state, borough, city, or other public agencies.
 When the state or a borough, city, or other public agency or entity or an officer thereof in an official capacity is a party, costs shall be awarded against it on the same basis as against any other natural person or party. However, when the action is brought upon the information of a natural person, that person shall be liable for costs awarded against the state. The costs shall not be recovered from the state until after execution has issued for the costs against that person and has been returned unsatisfied in whole or in part.
 Sec. 09.60.060. - Security for costs where plaintiff a nonresident or foreign corporation.
 When the plaintiff in an action resides out of the state or is a foreign corporation, security for the costs and attorney fees, which may be awarded against the plaintiff, may be required by the defendant, if timely demand is made within 30 days after the defendant discovers that the plaintiff is a nonresident. When required, all proceedings in the action shall be stayed until an undertaking executed by one or more sufficient sureties is filed with the court to the effect that they will pay the costs and attorney fees which are awarded against the plaintiff, for not less than $200. A new or an additional undertaking may be ordered by the court upon proof that the original undertaking is insufficient in amount or security.
 Sec. 09.60.070. - Attorney fees for victims of serious criminal offenses.
 (a) A person who has been injured or damaged, or the estate of a person who has died, may recover from the offender full reasonable attorney fees in a civil action or a wrongful death action if the injury, damage, or death resulted from
 (1) an attempt on the part of the person to prevent the commission of a serious criminal offense or to apprehend an offender who has committed a serious criminal offense, or aiding or attempting to aid a police officer to do so, or aiding a victim of a serious criminal offense; or
 (2) the commission or attempt on the part of the offender to commit a serious criminal offense.
 (b) If a judgment for attorney fees is entered against an offender in a civil action brought under this section, and a contract of insurance requires an insurer to pay the attorney fees, the insurer shall be liable only for the attorney fees that would be awarded to the plaintiff under Alaska Rule of Civil Procedure 82(b)(1).
 (c) In this section, "serious criminal offense" means the following offenses:
 (1) murder in any degree;
 (2) manslaughter;
 (3) criminally negligent homicide;
 (4) assault in any degree;
 (5) kidnapping;
 (6) sexual assault in any degree;
 (7) sexual abuse of a minor in any degree;
 (8) robbery in any degree;
 (9) coercion;
 (10) extortion;
 (11) arson in any degree;
 (12) burglary in any degree;
 (13) criminal mischief in the first, second, or third degree;
 (14) driving while intoxicated or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is intoxicated;
 (15) a crime involving domestic violence, as defined in AS 18.66.990 .
 Sec. 09.60.080. - Contingent fee agreements.
 If an attorney contracts for or collects a contingency fee in connection with an action for personal injury, death, or property damage and the damages awarded by a court or jury include an award of punitive damages, the contingent fee due the attorney shall be calculated before that portion of punitive damages due the state under AS 09.17.020 (j) has been deducted from the total award of damages.
 Chapter 09.63. - OATH, ACKNOWLEDGMENT, AND OTHER PROOF
 Sec. 09.63.010. - Oath, affirmation, and acknowledgment.
 The following persons may take an oath, affirmation, or acknowledgment in the state:
 (1) a justice, judge, or magistrate of a court of the State of Alaska or of the United States;
 (2) a clerk or deputy clerk of a court of the State of Alaska or of the United States;
 (3) a notary public;
 (4) a United States postmaster;
 (5) a commissioned officer under AS 09.63.050 (4); or
 (6) a municipal clerk carrying out the clerk's duties under AS 29.20.380.
 Sec. 09.63.020. - Certification of documents.
 (a) A matter required or authorized to be supported, evidenced, established, or proven by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person making it (other than a deposition, an acknowledgment, an oath of office, or an oath required to be taken before a specified official other than a notary public) may be supported, evidenced, established, or proven by the person certifying in writing "under penalty of perjury" that the matter is true. The certification shall state the date and place of execution, the fact that a notary public or other official empowered to administer oaths is unavailable, and the following:
 "I certify under penalty of perjury that the foregoing is true."
 (b) A person who makes a false sworn certification which the person does not believe to be true under penalty of perjury is guilty of perjury.
 Sec. 09.63.030. - Notarization.
 (a) When a document is required by law to be notarized, the person who executes the document shall sign and swear to or affirm it before an officer authorized by law to take the person's oath or affirmation and the officer shall certify on the document that it was signed and sworn to or affirmed before the officer.
 (b) The certificate required by this section may be in substantially the following form:
 Subscribed and sworn to or affirmed before me at__________________ on
 ________________.
 (date)
 _________________________________________
 Signature of Officer
 _________________________________________
 Title of Officer
 (c) If the document is sworn to or affirmed before a notary public of the state, the notary public shall
 (1) endorse after the signature of the notary public the date of expiration of the notary's commission;
 (2) print or emboss the notary's seal on the document;
 (3) comply with AS 44.50.060 - 44.50.080 or other applicable law.
 Sec. 09.63.040. - Verification.
 (a) When a document is required by law to be verified, the person required to verify it shall certify under oath or affirmation that the person has read the document and believes its content to be true.
 (b) The person who makes the verification shall sign it before a person authorized by law to take the person's oath or affirmation.
 (c) A verification made under this section may be in substantially the following form:
 I ______________ say on oath or affirm that I have read the foregoing
 (or attached) document and believe all statements made in the
 document are true.
 __________________________________ Signature
 Subscribed and sworn to or affirmed before me at__________________
 ________ on _______________________________
 (date)
 _________________________________________
 Signature of Officer
 _________________________________________
 Title of Officer
 (d) If the verification is sworn to or affirmed before a notary public of the state, the notary public shall
 (1) endorse after the signature of the notary public the date of expiration of the notary's commission;
 (2) print or emboss the notary's seal on the document;
 (3) comply with AS 44.50.060 - 44.50.080 or other applicable law.
 Sec. 09.63.050. - Recognition of notarial acts performed outside the state.
 Notarial acts may be performed outside the state for use in the state with the same effect as if performed by a notary public of the state by
 (1) a notary public authorized to perform notarial acts in the place in which the act is performed;
 (2) a justice, judge, magistrate, clerk, or deputy clerk of a court of record in the place in which the notarial act is performed;
 (3) an officer of the foreign service of the United States, a consular agent, or a person authorized by regulation of the United States Department of State to perform notarial acts in the place in which the act is performed;
 (4) a commissioned officer in active service with the armed forces of the United States or a person authorized by regulation of the armed forces to perform notarial acts if the notarial act is performed for a merchant seaman of the United States, a member of the armed forces of the United States, a person serving with or accompanying the armed forces of the United States, or their dependents; or
 (5) a person authorized to perform notarial acts in the place in which the act is performed.
 Sec. 09.63.060. - Authentication of authority of officer.
 (a) If the notarial act is performed by a person described in AS 09.63.050(1) - (4) other than a person authorized to perform notarial acts by the laws or regulations of a foreign country, the signature, rank or title and, if appropriate, the serial number of the person are sufficient proof of the authority of a person to perform the act.
 (b) If the notarial act is performed by a person authorized by the laws or regulations of a foreign country to perform the act, there is sufficient proof of the authority of that person to act if
 (1) either a foreign service officer of the United States resident in the country in which the act is performed or a diplomatic or consular officer of the foreign country resident in the United States certifies that a person holding that office is authorized to perform the act;
 (2) the official seal of the person performing the notarial act is affixed to the document; or
 (3) the title and indication of authority to perform notarial acts of the person appear either in a digest of foreign law or in a list customarily used as a source of that information.
 (c) If the notarial act is performed by a person other than a person described in this section, there is sufficient proof of the authority of the person to act if the clerk of a court of record in the place in which the notarial act is performed certifies to the official character of the person and to the person's authority to perform the notarial act.
 (d) The signature and title of the person performing the act are prima facie evidence that the person has the designated title and that the signature is genuine.
 Sec. 09.63.070. - Certificate of person taking acknowledgment.
 The person taking an acknowledgment shall certify that
 (1) the person acknowledging appeared before the person taking the acknowledgment and acknowledged that the person executed the instrument; and
 (2) the person acknowledging was known to the person taking the acknowledgment or the person taking the acknowledgment had satisfactory evidence that the person acknowledging was the person described in and who executed the instrument.
 Sec. 09.63.080. - Recognition of certificate of acknowledgment.
 The form of a certificate of acknowledgment used by a person whose authority is recognized under AS 09.63.010 or 09.63.050 shall be accepted in the state if
 (1) the certificate is in a form prescribed by the laws or regulations of the state;
 (2) the certificate is in a form prescribed by the laws or regulations applicable in the place in which the acknowledgment is taken; or
 (3) the certificate contains the words "acknowledged before me" or their substantial equivalent.
 Sec. 09.63.090. - Certificate of acknowledgment.
 The words "acknowledged before me" mean that
 (1) the person acknowledging
 (A) appeared before the person taking the acknowledgment;
 (B) acknowledged that the person executed the instrument;
 (C) in the case of
 (i) a natural person, acknowledged that the person executed the instrument for the purposes stated in it;
 (ii) an officer or agent of a corporation, acknowledged that the person held the position or title set out in the instrument and certificate, signed the instrument on behalf of the corporation by proper authority, and the instrument was the act of the corporation for the purposes stated in it;
 (iii) a partner or agent of a partnership, acknowledged that the person signed the instrument on behalf of the partnership by proper authority and executed the instrument as the act of the partnership for the purposes stated in it;
 (iv) a person acknowledging as a principal by an attorney in fact, acknowledged that the person executed the instrument by proper authority as the act of the principal for the purposes stated in it;
 (v) a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, acknowledged that the person signed the instrument in the capacity and for the purposes stated in it; and
 (2) the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging is the person named in the instrument or certificate.
 Sec. 09.63.100. - Forms of acknowledgment.
 (a) The forms of acknowledgment set out in this subsection may be used and are sufficient for their respective purposes under a law of the state. The authorization of the forms in this section does not preclude the use of other forms.
 (1) For an individual acting in the individual's own right:
 State of_________________________________________________________
 __________ Judicial District (or County of____________)
 The foregoing instrument was acknowledged before me this (date) by
 (name of person who acknowledged).
 __________________________________________
 Signature of Person Taking
 Acknowledgment
 __________________________________________
 Title or Rank
 __________________________________________
 Serial Number, if any
 (2) For a corporation:
 State of_________________________________________________________
 ____________Judicial District (or County of_____________)
 The foregoing instrument was acknowledged before me this (date) by
 (name of officer or agent, title of officer or agent) of (name of
 corporation acknowledging) a (state or place of incorporation)
 corporation, on behalf of the corporation.
 __________________________________________
 Signature of Person Taking
 Acknowledgment
 __________________________________________
 Title or Rank
 __________________________________________
 Serial Number, if any
 (3) For a partnership:
 State of_________________________________________________________
 _______________Judicial District (or County of___________)
 The foregoing instrument was acknowledged before me this (date) by
 (name of acknowledging partner or agent), partner (or agent) on behalf
 of (name of partnership), a partnership.
 _________________________________________
 Signature of Person Taking
 Acknowledgment
 _________________________________________
 Title or Rank
 _________________________________________
 Serial Number, if any
 (4) For an individual acting as principal by an attorney in fact:
 State of_________________________________________________________
 _________________Judicial District (or County of___________)
 The foregoing instrument was acknowledged before me this (date) by
 (name of attorney in fact) as attorney in fact on behalf of (name of
 principal).
 _______________________________________
 Signature of Person Taking
 Acknowledgment
 _______________________________________
 Title or Rank
 _______________________________________
 Serial Number, if any
 (5) By a public officer, trustee, or personal representative:
 State of__________________________________________________________
 _______________Judicial District (or County of__________)
 The foregoing instrument was acknowledged before me this (date) by
 (name and title of position).
 _____________________________________
 Signature of Person Taking
 Acknowledgment
 _____________________________________
 Title or Rank
 _____________________________________
 Serial Number, if any
 (b) If a document is acknowledged before a notary public of the state, the notary public shall
 (1) endorse after the notary's signature the date of expiration of the notary's commission;
 (2) print or emboss the notary's seal on the document;
 (3) comply with AS 44.50.060 - 44.50.080 or other law.
 Sec. 09.63.110. - Uniformity of interpretation.
 AS 09.63.050 - 09.63.130 shall be interpreted as to make uniform the laws of those states which enact them.
 Sec. 09.63.120. - Definition.
 In AS 09.63.010 - 09.63.130, "notarial acts" means acts that the laws and regulations of the state authorize notaries public of the state to perform, including the administering of oaths and affirmations, taking proof of execution and acknowledgment of instruments, and attesting documents.
 Sec. 09.63.130. - Short title.
 AS 09.63.050 - 09.63.130 may be cited as the Uniform Recognition of Acknowledgments Act.
 Chapter 09.65. - ACTIONS, IMMUNITIES, DEFENSES, AND DUTIES
 Sec. 09.65.010. - 09.65.012 - Officers authorized to administer oath or affirmation; certification of documents. [Repealed, Sec. 6 ch 37 SLA 1981. For present provisions, see AS 09.63].
 Repealed or Renumbered
 Sec. 09.65.020. - 09.65.040. - [Renumbered as AS 09.68.020 - 09.68.040].
 Repealed or Renumbered
 Sec. 09.65.050. - [Renumbered as AS 09.15.040 ].
 Repealed or Renumbered
 Sec. 09.65.060. - [Renumbered as AS 09.68.060 ].
 Repealed or Renumbered
 Sec. 09.65.070. - Suits against incorporated units of local government.
 (a) Except as provided in this section, an action may be maintained against a municipality in its corporate character and within the scope of its authority.
 (b) A municipality may not require a person to post bond as a condition to bringing a cause of action against it.
 (c) An action may not be maintained against an employee or member of a fire department operated and maintained by a municipality or village if the claim is an action for tort or breach of a contractual duty and is based upon the act or omission of the employee or member of the fire department in the execution of a function for which the department is established.
 (d) An action for damages may not be brought against a municipality or any of its agents, officers, or employees if the claim
 (1) is based on a failure of the municipality, or its agents, officers, or employees, when the municipality is neither owner nor lessee of the property involved,
 (A) to inspect property for a violation of any statute, regulation, or ordinance, or a hazard to health or safety;
 (B) to discover a violation of any statute, regulation, or ordinance, or a hazard to health or safety if an inspection of property is made; or
 (C) to abate a violation of any statute, regulation, or ordinance, or a hazard to health or safety discovered on property inspected;
 (2) is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty by a municipality or its agents, officers, or employees, whether or not the discretion involved is abused;
 (3) is based upon the grant, issuance, refusal, suspension, delay, or denial of a license, permit, appeal, approval, exception, variance, or other entitlement, or a rezoning;
 (4) is based on the exercise or performance during the course of gratuitous extension of municipal services on an extraterritorial basis;
 (5) is based upon the exercise or performance of a duty or function upon the request of, or by the terms of an agreement or contract with, the state to meet emergency public safety requirements; or
 (6) is based on the exercise or performance of a duty in connection with an enhanced 911 emergency system and is not based on an intentional act of misconduct or on an act of gross negligence.
 (e) In this section
 (1) "municipality" has the meaning given in AS 01.10.060 and includes a public corporation established by a municipality;
 (2) "village" means an unincorporated community where at least 25 people reside as a social unit.
 Sec. 09.65.080. - Suits by incorporated units of local government.
 An action may be maintained by an incorporated borough, city, or other public corporation of like character in its corporate name, and upon a cause of action accruing to it in its corporate character
 (1) upon a contract made with the public corporation;
 (2) upon a liability prescribed by law in favor of the public corporation;
 (3) to recover a penalty or forfeiture given to the public corporation;
 (4) to recover damages for an injury to the corporate rights or property of the public corporation.
 Sec. 09.65.085. - Civil liability of electric utility.
 (a) A utility offering electrical service to the public for compensation under a certificate of public convenience and necessity issued by the Alaska Public Utilities Commission under AS 42.05.221 may not be held strictly liable for property damage, death, or personal injury resulting from an act or omission of the utility relating to the production, delivery, or sale of electricity.
 (b) This section does not preclude liability for civil damages that are the result of an intentional, reckless, or negligent act or omission.
 Sec. 09.65.090. - Civil liability for emergency aid.
 (a) A person at a hospital or any other location who renders emergency care or emergency counseling to an injured, ill, or emotionally distraught person who reasonably appears to the person rendering the aid to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
 (b) A member of an organization that exists for the purpose of providing emergency services is not liable for civil damages for injury to a person that results from an act or omission in providing first aid, search, rescue, or other emergency services to the person, regardless of whether the member is under a preexisting duty to render assistance, if the member provided the service while acting as a volunteer member of the organization; in this subsection, "volunteer" means a person who is paid not more than $10 a day and a total of not more than $500 a year, not including ski lift tickets and reimbursement for expenses actually incurred, for providing emergency services.
 (c) The immunity provided under (b) of this section does not apply to civil damages that result from providing or attempting to provide any of the following advanced life support techniques unless the person who provided them was authorized by law to provide them:
 (1) manual electric cardiac defibrillation;
 (2) administration of antiarrhythmic agents;
 (3) intravenous therapy;
 (4) intramuscular therapy; or
 (5) use of endotracheal intubation devices.
 (d) This section does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
 (e) A person who uses an automated external defibrillator to treat another person in cardiac arrest is not liable for civil damages as a result of an act or omission in treating the other person if the person was properly trained to use the device and activates the emergency medical services system by notifying the appropriate emergency medical services agency.
 (f) In this section, "properly trained" means that the individual has completed an automated external defibrillator training course from the American Heart Association, the American Red Cross, or another automated external defibrillator training course approved by the Department of Health and Social Services.
 Sec. 09.65.091. - Civil liability for responding to disaster.
 (a) A person who provides equipment or services on the request of a police agency, fire department, rescue or emergency squad, or other governmental agency during a state of emergency declared by an authorized representative of the state or local government is not liable for the death of or injury to any person or damage to any property caused by that person's actions, except when the trier of facts finds that the person acted intentionally, recklessly, or with gross negligence.
 (b) This section does not affect the right of a person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or under any pension law, nor does it affect entitlement to any other benefits or compensation authorized by state or federal law.
 Sec. 09.65.092. - Civil liability for voluntary aircraft safety inspection.
 An aircraft or power plant technician or mechanic certified by the Federal Aviation Administration who participates without compensation in a voluntary aircraft safety inspection program is not liable for civil damage resulting from an act or omission arising out of an aircraft safety inspection in that program unless the act or omission constitutes gross negligence or reckless or intentional misconduct.
 Sec. 09.65.095. - Liability for administration of blood test.
 (a) A civil or criminal action arising out of battery may not be brought against a health care provider for the act of taking a blood sample if the sample is taken
 (1) at the request of a police officer under the circumstances specified in AS 28.35.035 or when the arresting officer has a search warrant or court order authorizing the taking of the blood sample; and
 (2) without the use of excessive or unreasonable force.
 (b) In this section,
 (1) "health care provider" means a nurse licensed under AS 08.68, a physician licensed under AS 08.64, and a person certified by a hospital as competent to take blood samples;
 (2) "hospital" means a hospital as defined in AS 18.20.130 , including a governmentally owned or operated hospital.
 (c) Nothing in this section shall be construed to prohibit recovery of damages incident to the improper or negligent withdrawal of blood.
 Sec. 09.65.096. - Civil liability of hospitals for certain physicians.
 (a) A hospital is not liable for civil damages as a result of an act or omission by an emergency room physician who is not an employee or actual agent of the hospital if the hospital provides notice that the emergency room physician is an independent contractor and the emergency room physician is insured as described under (c) of this section. The hospital is responsible for exercising reasonable care in granting privileges to practice in the hospital, for reviewing those privileges on a regular basis, and for taking appropriate steps to revoke or restrict privileges in appropriate circumstances. The hospital is not otherwise liable for the acts or omissions of an emergency room physician who is an independent contractor. The notice required by this subsection must (1) be posted conspicuously in all admitting areas of the hospital; (2) consist of a sign at least two feet high and two feet wide, with print at least two inches high; (3) be published at least annually in a newspaper of general circulation in the area; and (4) be in substantially the following form:
 Notice of Limited Liability
 Notice to Hospital Users and
 (Name of hospital) may not be responsible for the actions of emergency room physicians in (name of hospital's emergency room). The following emergency room physicians are independent contractors and are not employees of the hospital: (List specific emergency room physicians)
 (b) This section does not preclude liability for civil damages that are the proximate result of the hospital's negligence or intentional misconduct.
 (c) A hospital is not immune from liability under (a) of this section for an act or omission of an emergency room physician who is an independent contractor unless the emergency room physician has liability insurance coverage in the amount of at least $500,000 for each incident and $1,500,000 for all incidents in a year, and the coverage is in effect and applicable to those health care services offered by the emergency room physician that the hospital is required to provide by law or by accreditation requirements.
 (d) In this section,
 (1) "emergency room physician" means a physician who does not have an ongoing physician-patient relationship with the emergency room patient and who provides emergency health care services in a hospital emergency room;
 (2) "hospital" has the meaning given in AS 18.20.130 and includes a governmentally owned or operated hospital;
 (3) "independent contractor" means an emergency room physician who is not an employee or actual agent of the hospital in connection with the rendition of the health care services.
 Sec. 09.65.097. - Civil liability for emergency veterinary care.
 (a) A veterinarian licensed in this or another licensing jurisdiction, or a person working under the direct supervision of a licensed veterinarian, who renders emergency care to an injured or ill animal that reasonably appears to the veterinarian or supervised person to be in immediate need of emergency aid in order to avoid serious harm or death is not liable for civil damages as a result of an act or omission in rendering emergency aid.
 (b) This section does not apply to service rendered at the request of an owner of the animal and does not preclude liability for civil damages as a result of gross negligence or reckless or intentional misconduct.
 Sec. 09.65.100. - [Renumbered as AS 25.20.025 ].
 Repealed or Renumbered
 Sec. 09.65.110. - 09.65.120. - [Renumbered as AS 09.68.110 - 09.68.120].
 Repealed or Renumbered
 Sec. 09.65.130. - [Renumbered as AS 25.24.310 ].
 Repealed or Renumbered
 Sec. 09.65.132. - [Renumbered as AS 25.27.062 ].
 Repealed or Renumbered
 Sec. 09.65.135. - Limitations on claims arising from skiing. [Repealed, Sec. 3 ch 63 SLA 1994. For current law, see AS 05.45].
 Repealed or Renumbered
 Sec. 09.65.150. - Duty to disabled pedestrians.
 (a) The driver of a vehicle approaching a physically disabled pedestrian who is carrying a white or metallic-colored cane, or using special equipment for mobility, or using a service animal, shall take precautions necessary to avoid injury to the pedestrian or the service animal. A driver who fails to take necessary precautions and, as a result, causes injury to the pedestrian or the service animal, or causes property damage, is liable for the injury or damage caused.
 (b) In this section
 (1) "physically disabled pedestrian" means a person who has a physical condition that limits the person's ability to function as a pedestrian without the assistance of another person, a service animal, a cane, or other equipment or device;
 (2) "service animal" means a dog guide or other animal that assists a physically disabled person to function as a pedestrian.
 Sec. 09.65.160. - Immunity for good faith disclosures of job performance information.
 An employer who discloses information about the job performance of an employee or former employee to a prospective employer of the employee or former employee at the request of the prospective employer or the employee or former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, may not be held liable for the disclosure or its consequences. For purposes of this section, the presumption of good faith is rebutted upon a showing that the employer or former employer
 (1) recklessly, knowingly, or with a malicious purpose disclosed false or deliberately misleading information; or
 (2) disclosed information in violation of a civil right of the employee or former employee that is protected under AS 18.80 or under comparable federal law.
 Sec. 09.65.161. - Immunity for disclosure of required health care data.
 A person who reports health care data required to be reported under AS 18.05 and regulations adopted under that chapter for conditions or diseases of public health significance may not be held liable for the disclosure to the Department of Health and Social Services or for the use of the data by the department.
 Sec. 09.65.170. - Limited liability of certain directors and officers.
 (a) Unless the act or omission constituted gross negligence, a person may not recover tort damages for personal injury, death, or damage to property for an act or omission to act in the course and scope of official duties, from one of the following:
 (1) a member of the board of directors or an officer of a nonprofit corporation;
 (2) a member of the board of directors of a public or nonprofit hospital, or a member of a citizen's advisory board of any hospital;
 (3) a member of a school board of a school district;
 (4) a member of the governing body, a commission, or a citizen's advisory committee of a municipality of the state;
 (5) a member of the board of directors, an officer, or an employee of a regional development organization.
 (b) Notwithstanding (a) of this section, the duties and liabilities of a director or officer of a nonprofit corporation to the corporation or the corporation's shareholders may not be limited or modified.
 (c) In this section,
 (1) "nonprofit corporation" means a corporation that qualifies for exemption from taxation under 26 U.S.C. 501(c)(3) or (4) (Internal Revenue Code);
 (2) "regional development organization" has the meaning given in AS 44.47.900.
 Sec. 09.65.180. - Civil liability of zoos.
 (a) Except as provided in (b) of this section, a person who owns or operates a zoo is strictly liable for injury to a person or property if the injury is caused by an animal owned by or in the custody of the zoo.
 (b) A person who owns or operates a zoo is not strictly liable as provided in (a) of this section if
 (1) the animal that caused the injury was within the animal's normal place of confinement at the time the injury occurred;
 (2) the zoo owner or operator had posted signs at prominent places within the zoo, including at each entrance, warning that the liability of the zoo for injuries caused by animals within their normal place of confinement is limited by law; and
 (3) the enclosure within which the animal was confined at the time of the injury was constructed and maintained in a manner that prevents a person who exercises ordinary care customary for a person of similar age, intelligence, and experience from contacting the animal or entering the enclosure.
 Sec. 09.65.200. - Tort immunity for personal injuries or death occurring on unimproved land.
 (a) An owner of unimproved land is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages for the injury to or death of a person who enters onto or remains on the unimproved portion of land if
 (1) the injury or death resulted from a natural condition of the unimproved portion of the land or the person entered onto the land for recreation; and
 (2) the person had no responsibility to compensate the owner for the person's use or occupancy of the land.
 (b) This section does not enhance or diminish rights granted under former 43 U.S.C. 932 (R.S. 2477).
 (c) In this section, "unimproved land" includes land that contains
 (1) a trail;
 (2) an abandoned aircraft landing area; or
 (3) a road built to provide access for natural resource extraction, but which is no longer maintained or used.
 Sec. 09.65.205. - Civil liability for controlled substances offense.
 (a) A person who sells or barters a controlled substance in violation of AS 11.71 is strictly liable
 (1) to the recipient or another person for civil damages if, while under the influence of the controlled substance, the person receiving the controlled substance engages in conduct that results in civil damages and the recipient's being under the influence of the controlled substance substantially contributes to the civil damages; and
 (2) for the cost to the state or political subdivision to criminally prosecute a person who receives a controlled substance from a person who violates AS 11.71 if the prosecution results from the violation of AS 11.71 described in this subsection.
 (b) In an action under (a) of this section, it is not a defense that the person receiving the controlled substance voluntarily consumed the controlled substance or was voluntarily under the influence of the controlled substance.
 (c) In this section,
 (1) "civil damages" includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state;
 (2) "controlled substance" has the meaning given in AS 11.71.900 .
 Sec. 09.65.210. - Damages resulting from commission of a felony or while under the influence of alcohol or drugs.
 A person who suffers personal injury or death or the person's personal representative under AS 09.55.570 or 09.55.580 may not recover damages for the personal injury or death if the injury or death occurred while the person was
 (1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the felony substantially contributed to the personal injury or death;
 (2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B felony for which the person was not convicted and the party defending against the claim proves by clear and convincing evidence
 (A) the felonious conduct; and
 (B) that the felonious conduct substantially contributed to the personal injury or death;
 (3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence
 (A) the felonious conduct; and
 (B) that the conduct during the flight or apprehension substantially contributed to the injury or death;
 (4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled substance in violation of AS 28.35.030 , was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal injury or death; or
 (5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the party defending against the claim proves by clear and convincing evidence
 (A) the violation of AS 28.35.030 ; and
 (B) that the conduct substantially contributed to the personal injury or death.
 Sec. 09.65.220. - Immunity for certain real property disclosures.
 The owner of an interest in real property, the owner's agent, and the agent of the transferee of the interest are not liable to the transferee for the owner or agent's failure to disclose information on the real property to the transferee, if the disclosure would constitute discrimination prohibited by 42 U.S.C. 3601 - 3631 (Fair Housing Act). In this section, "transferee" includes a purchaser, lessee, and easement holder.
 Sec. 09.65.230. - Innocent misrepresentations by agents in real property transfers.
 The agent of a transferor or transferee is not liable for an innocent misrepresentation in information provided to the transferor or transferee in the transfer of an interest in real property if the agent does not have personal knowledge of the error, inaccuracy, or omission that is the basis for the misrepresentation.
 Sec. 09.65.235. - Immunity for negotiated regulation making committee and its members.
 A civil action for damages or costs may not be brought against a negotiated regulation making committee established under AS 44.62.710 - 44.62.800 or any of its members for an act or omission occurring in the course and scope of the official duties of the committee under this chapter.
 Sec. 09.65.240. - Liability of the state and regional educational attendance areas for release of hazardous substances.
 (a) Notwithstanding AS 46.03.822 (a), neither the state nor a regional educational attendance area established under AS 14.08, nor an agent or employee of the state or a regional educational attendance area acting within the scope of that agency or employment, is subject to liability under AS 46.03.822 for damages, as defined in AS 46.03.822 (k) and 46.03.824, for the release of a hazardous substance at or from any facility used in relation to a regional educational attendance area school as described in AS 14.08.151 or at or from any facility used in relation to a school operated by the state under AS 14.16.
 (b) In this section,
 (1) "facility" has the meaning given in AS 46.03.826 ;
 (2) "hazardous substance" has the meaning given in AS 46.03.826 .
 Sec. 09.65.250. - Immunity for certain actions related to child support.
 A person, including the state and its subdivisions, agencies, officers, and employees, may not be held liable for good faith
 (1) compliance with a subpoena of this or another state that requests information, including the social security number and employment history of a person, issued by the child support enforcement agency created in AS 25.27.010 , or the child support enforcement agency of another state, for child support purposes authorized under law;
 (2) collection of child support, including encumbering or surrendering assets in response to a notice of lien or levy for the payment of child support; or
 (3) compliance with an income withholding notice or an order to withhold and deliver that is regular on its face and is for child support purposes.
 Chapter 09.68. - MISCELLANEOUS PROVISIONS
 Sec. 09.68.020. - Successive actions.
 Successive actions may be maintained upon the same contract or transaction when a new cause of action arises under the contract.
 Sec. 09.68.030. - Corporate sureties.
 When, by the laws of the state or by a charter, ordinance, rule, or regulation of a political subdivision, municipality, public corporation, or by a board, body, organization, court, or judge, a recognizance, stipulation, bond, undertaking, or bail in an action, suit, proceeding, or matter conditioned for the faithful performance of an act or duty or for the doing of an act or thing is permitted or required to be given with one or more sureties, it is sufficient compliance if the instrument is executed by a corporation that has complied with the laws of the state and is authorized by law to act as surety upon instruments and in proceedings, actions, suits, and matters as set out in this section.
 Sec. 09.68.040. - Parties exempt from giving bond.
 (a) In an action or proceeding in a court in which the state or a municipality is a party or in which the state or a municipality is interested, a bond or undertaking is not required of the state, a municipality, or an officer of the state or municipality.
 (b) A bond for costs on appeal need not be filed by a party to an action if a court finds that party to be indigent and the appeal not frivolous; this finding may be made upon an affidavit filed by that party showing that the party is unable to pay for a bond and further stating the grounds for the appeal and the belief that the party is entitled to redress.
 Sec. 09.68.060. - Defense not prejudiced by assignment.
 If there is an assignment of a thing in action, the action by the assignee is without prejudice to a setoff or other defense existing at the time of, or before notice of the assignment. But, this section does not apply to a negotiable promissory note or bill of exchange transferred in good faith and upon valuable consideration before due.
 Sec. 09.68.110. - Civil liability for shoplifting.
 (a) A person who has attained the age of 18 years or an emancipated minor who shoplifts merchandise is, in addition to any criminal penalty provided by law, liable in a civil action to the owner or seller of the merchandise for all of the following:
 (1) actual damages;
 (2) a penalty equal to the retail value of the merchandise or $1,000, whichever is less; and
 (3) a penalty of not less than $100 nor more than $200.
 (b) A person having legal custody of an unemancipated minor who shoplifts merchandise is liable in a civil action to the owner or seller of the merchandise for both of the following:
 (1) a penalty equal to the retail value of the merchandise or $500, whichever is less; and
 (2) a penalty of not less than $100 nor more than $200.
 (c) It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send a notice demanding the relief authorized to the defendant by first class mail at the defendant's last known address 15 days or more before the action is commenced. The Department of Law may adopt regulations prescribing the form of this notice. It is not a condition precedent to maintaining an action under this section that the person who shoplifted merchandise was charged or convicted under any statute or ordinance.
 (d) Judgments, but not claims, arising under this section may be assigned.
 (e) For purposes of this section, a person "shoplifts merchandise" if, without authority and with intent to deprive the owner of the merchandise,
 (1) the person removes the merchandise of a commercial establishment, not purchased by the person, from the premises of the commercial establishment;
 (2) the person knowingly conceals on, in, or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment; or
 (3) the person knowingly substitutes or alters a price ticket in order to pay less than the indicated retail price.
 (f) Merchandise found concealed on or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment for purposes of (e)(2) of this section.
 (g) The liability of a person for damages and penalties under this section is in addition to liability for an award of reasonable attorneys' fees that may be made to the prevailing party in a civil action under Alaska Rule of Civil Procedure 82.
 (h) In this section, "emancipated minor" means a minor whose disabilities have been removed for general purposes under AS 09.55.590 .
 Sec. 09.68.115. - Bad check civil penalties.
 (a) In an action against a person who issues a check that is dishonored, the plaintiff may recover damages in an amount equal to $100 or triple the amount of the check, whichever is greater, except that damages recovered under this section may not exceed the amount of the check by more than $1,000 and may be awarded only if
 (1) the plaintiff makes a written demand for payment of the check at least 15 days before beginning the action; and
 (2) the defendant fails to tender, before the action begins, an amount equal to at least the amount of the check plus costs incurred by the plaintiff up to a maximum of $25.
 (b) An action under this section may be brought as a small claims action if the amount claimed does not exceed the jurisdictional limits for small claims actions, or may be brought in any other court that has jurisdiction.
 (c) After the beginning of an action under this section but before the case is tried, the defendant may satisfy the claim by tendering an amount of money equal to the amount of the check plus court, legal, and service costs incurred by the plaintiff up to a maximum of $150.
 (d) In this section
 (1) "check" has the meaning given in AS 11.46.280 ;
 (2) "dishonored" means the nonpayment of a check because of
 (A) lack of funds;
 (B) closure or nonexistence of an account; or
 (C) a stop payment order issued without cause;
 (3) "written demand" means a written notice to the issuer of a check personally delivered or sent by first class mail to the address shown on the dishonored check, advising the issuer that the check has been dishonored and explaining the civil penalties set out in this section.
 Sec. 09.68.120. - Definition of death.
 An individual is considered dead if, in the opinion of a physician licensed or exempt from licensing under AS 08.64 or a registered nurse authorized to pronounce death under AS 08.68.395 , based on acceptable medical standards, or in the opinion of a mobile intensive care paramedic, physician assistant, or emergency medical technician authorized to pronounce death based on the medical standards in AS 18.08.089, the individual has sustained irreversible cessation of circulatory and respiratory functions, or irreversible cessation of all functions of the entire brain, including the brain stem. Death may be pronounced in this circumstance before artificial means of maintaining respiratory and cardiac function are terminated.
 Sec. 09.68.130. - Collection of settlement information.
 (a) Except as provided in (c) of this section, the Alaska Judicial Council shall collect and evaluate information relating to the compromise or other resolution of all civil litigation. The information shall be collected on a form developed by the council for that purpose and must include
 (1) the case name and file number;
 (2) a general description of the claims being settled;
 (3) if the case is resolved by way of settlement,
 (A) the gross dollar amount of the settlement;
 (B) to whom the settlement was paid;
 (C) the dollar amount of advanced costs and attorney fees that were deducted from the gross dollar amount of the settlement before disbursement to the claimant;
 (D) the net amount actually disbursed to the claimant;
 (E) the total costs and attorney fees paid by or owed by all parties; and
 (F) any nonmonetary terms, including whether the attorney fees incurred by the claimant were based on a contingent fee agreement or upon an hourly rate; if a contingent fee was paid, the percentage of the total settlement represented by the fee must be included; or, if an hourly rate, the hourly rate paid;
 (4) if the case is resolved by dismissal, summary judgment, trial, or otherwise,
 (A) the gross dollar amount of the judgment;
 (B) the amount of attorney fees awarded and to which party;
 (C) the amount of costs awarded and to which party;
 (D) the net amount, after deduction of (B) and (C) of this paragraph, for which the prevailing party has judgment;
 (E) the dollar amount of advanced costs and attorney fees that were deducted from the gross dollar amount of the judgment before distribution to the claimant;
 (F) the total costs and attorney fees paid by defending parties; and
 (G) any nonmonetary terms, including whether the attorney fees incurred by the claimant were based on a contingent fee agreement or upon an hourly rate; if a contingent fee was paid, the percentage of the total settlement represented by the fee must be included; or, if an hourly rate, the hourly rate paid.
 (b) The information received by the council under (a) of this section is confidential. This restriction does not prevent the disclosure of summaries and statistics in a manner that does not allow the identification of particular cases or parties.
 (c) The requirements of (a) of this section do not apply to the following types of cases:
 (1) divorce and dissolution;
 (2) adoption, custody, support, visitation, and emancipation of children;
 (3) children-in-need-of-aid cases under AS 47.10 or delinquent minors cases under 47.12;
 (4) domestic violence protective orders under AS 18.66.100 - 18.66.180;
 (5) estate, guardianship, and trust cases filed under AS 13;
 (6) small claims under AS 22.15.040 .
 Chapter 09.70. - GENERAL PROVISIONS
 Sec. 09.70.010. - Applicability of title.
 This title governs all proceedings in actions brought after January 1, 1963, and all further proceedings in actions then pending, except to the extent that, in the opinion of the court, their application in a particular action pending when the rules take effect would not be feasible or would work injustice, in which event, the laws in effect before January 1, 1963, apply.
 Sec. 09.70.020. - Short title.
 This title may be cited as the Code of Civil Procedure.
 Title 10 - CORPORATIONS AND ASSOCIATIONS
 Chapter 10.05. - ALASKA BUSINESS CORPORATION ACT
 Chapter 10.06. - ALASKA CORPORATIONS CODE
 Sec. 10.06.005. - Purposes.
 A corporation may be organized under this chapter for any lawful purpose except for the purpose of insurance.
 Sec. 10.06.010. - General powers.
 Subject to the limitations in its articles of incorporation, the provisions of this chapter and other applicable law, a corporation has all the powers of a natural person in carrying out its business activities, including, without limitation, the power to
 (1) have perpetual succession by its corporate name;
 (2) sue and be sued in its corporate name;
 (3) adopt a corporate seal and alter it, and use it by having it or a facsimile of it impressed, affixed, or reproduced;
 (4) buy, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in, real or personal property or an interest in the property, wherever situated;
 (5) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or a part of its property and assets;
 (6) lend money, if properly approved, to its employees, officers, and directors, and otherwise assist its employees, officers, and directors;
 (7) buy, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of, and otherwise use and deal in shares or other interests in, or obligations of, other domestic or foreign corporations, associations, partnerships, or individuals, or direct or indirect obligations of the United States or of any other government, state, territory, governmental district or municipality or an instrumentality of these;
 (8) make contracts and guarantees, incur liabilities, borrow money at the rates of interest the corporation determines, issue notes, bonds, and other obligations, and secure its obligations by mortgage or pledge of all or any of its property, franchise and income;
 (9) lend money for its corporate purposes, invest and reinvest its money, and take and hold real and personal property as security for the payment of money loaned or invested;
 (10) conduct business, carry on operations, and have offices and exercise the powers granted by this chapter in a state, territory, district, or possession of the United States, or in a foreign country;
 (11) elect or appoint officers and agents of the corporation and define their duties and fix their compensation;
 (12) make and alter bylaws not inconsistent with its articles of incorporation or with state law, for the administration and regulation of the affairs of the corporation;
 (13) donate for the public welfare or for charitable, scientific or educational purposes, and in time of war donate in aid of war activities;
 (14) transact lawful business in time of war in aid of the United States in the prosecution of the war;
 (15) pay pensions and establish pension plans, pension trusts, profit-sharing plans, stock bonus plans, stock option plans and other incentive plans for its directors, officers, and employees;
 (16) cease its corporate activities and surrender its corporate franchise;
 (17) have and exercise the powers of a limited or general partner or a joint venturer in association with one or more persons, corporations, partnerships, or associations;
 (18) have and exercise all powers necessary or convenient to carry out the purposes for which the corporation is organized.
 Sec. 10.06.015. - Defense of ultra vires.
 (a) An act of a corporation or a transfer of real or personal property to or by a corporation, otherwise lawful, is not invalid because the corporation was without capacity or power to do the act or to make or receive the transfer, but the lack of capacity or power may be asserted
 (1) in an action by a shareholder against the corporation to enjoin the doing of an act or the transfer of real or personal property by or to the corporation; if the unauthorized act or transfer sought to be enjoined is being, or is to be, performed or made under a contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the action, set aside and enjoin the performance of the contract, and in so doing may allow to the corporation or to the other parties to the contract, compensation as may be equitable for the loss or damage sustained by any of them from the action of the court in setting aside and enjoining the performance of the contract; however, anticipated profits to be derived from the contract may not be awarded by the court as a loss or damage sustained;
 (2) in an action by or in the right of the corporation to obtain a judgment in its favor against an incumbent or former officer, director, or incorporator of the corporation for loss or damage due to that individual's unauthorized act;
 (3) in an action or special proceeding by the commissioner to annul or dissolve the corporation or to enjoin it from the doing of unauthorized business.
 (b) This section applies to contracts and conveyances made by foreign corporations in this state and to conveyances by foreign corporations of real property situated in this state.
 Sec. 10.06.020. - Limitations on authority of corporate agents.
 A limitation upon the powers of the shareholders, officers, or directors, or the manner or exercise of their powers, contained in or implied by the articles of incorporation, bylaws, or action of the board, or by AS 10.06.605 - 10.06.678 or 10.06.705 - 10.06.788 or by a shareholders' agreement may not be asserted as between the corporation or a shareholder and a third person, except in a proceeding
 (1) by a shareholder or the state to enjoin the doing or continuance of unauthorized business by the corporation or its officers, or both, in a case where a third party has not acquired rights under AS 10.06.025(a);
 (2) to dissolve the corporation; or
 (3) by the corporation or by a shareholder suing in a representative suit against the officers or directors of the corporation for violation of their duty.
 Sec. 10.06.025. - Contracts or conveyances binding domestic and foreign corporations.
 (a) A contract or conveyance made in the name of the corporation that is authorized or ratified by the board, or is done within the scope of the authority, actual or apparent, conferred by the board or within the agency power of the officers executing it, except as the board's authority is limited by law, binds the corporation, and the corporation acquires rights under the contract, whether the contract is executed or is wholly or in part executory.
 (b) This section applies to contracts and conveyances made by foreign corporations in this state and to conveyances by foreign corporations of real property situated in this state.
 Sec. 10.06.105. - Corporate name.
 (a) A corporate name shall contain the word "corporation", "company", "incorporated", or "limited", or an abbreviation of one of these words. The corporate name may not contain a word or phrase that indicates or implies that the corporation is organized for a purpose other than the purpose contained in its articles of incorporation. The corporate name may not be the same as, or deceptively similar to, the name of a domestic corporation existing under the laws of this state or a foreign corporation authorized to transact business in this state, or a name that has been reserved or registered as provided in this title.
 (b) The corporate name may not contain the word "city", "borough", or "village" or otherwise imply that the corporation is a municipality. The name of a city, borough, or village may be used in the corporate name.
 (c) A person may not adopt a name that contains the word "corporation", "incorporated", or "limited", or an abbreviation of one of these words, unless the person has been issued a certificate of incorporation, or, in the case of a foreign corporation, a certificate of authority, by the commissioner. This subsection does not prohibit a limited liability company or a limited partnership from using the word "limited" or an abbreviation of "limited" in its name.
 Sec. 10.06.110. - Reservation of corporate name.
 The exclusive right to the use of a corporate name may be reserved by a
 (1) person intending to organize a corporation under this chapter;
 (2) domestic corporation intending to change its name;
 (3) foreign corporation intending to apply for a certificate of authority to transact business in this state;
 (4) foreign corporation authorized to transact business in this state and intending to change its name; or
 (5) person intending to organize a foreign corporation and to have it apply for a certificate of authority to transact business in this state.
 Sec. 10.06.115. - Application to reserve corporate name.
 Reservation of a corporate name is made by filing an application with the commissioner. If the commissioner finds that the name is available for corporate use, and not a reserved or registered business name as set out in AS 10.35, the commissioner shall reserve it for the exclusive use of the applicant for a period of 120 days.
 Sec. 10.06.120. - Transfer of reserved name.
 The holder of a reserved corporate name may transfer the right to the exclusive use of the corporate name to another person by filing a notice of transfer with the commissioner, signed by the holder of the name, and specifying the name and address of the transferee.
 Sec. 10.06.125. - Registration of corporate name.
 A corporation organized and existing under the laws of a state or territory of the United States may register its corporate name if the name is not the same as, or deceptively similar to, the name of a domestic corporation, the name of a foreign corporation authorized to transact business in this state, or a corporate name reserved or registered under this chapter or a business name reserved or registered under AS 10.35.
 Sec. 10.06.130. - Use of same or deceptively similar name.
 Incorporation, obtaining a certificate of authority by a foreign corporation, or registration of a corporate name gives the exclusive right to the use of the name. The person who has incorporated, received a certificate of authority, or registered the corporate name under this chapter may enjoin the use of the same or deceptively similar name and has a cause of action for damages against a person who uses the same or deceptively similar name.
 Sec. 10.06.135. - Procedure for registration of corporate name.
 Registration of a corporate name is made by filing with the commissioner
 (1) an application for registration executed by an officer of the corporation setting out the name of the corporation, the state or territory under the laws of which it is incorporated, the date of incorporation, a statement that it is doing business, and a brief statement of its business; and
 (2) a certificate from an official of the state or territory where the corporation is organized who has custody of the records pertaining to corporations stating that the corporation is in good standing under the laws of that state or territory.
 Sec. 10.06.140. - Fee for and duration of registered name.
 (a) The fee for registration of a corporate name shall be established by the department by regulation.
 (b) The registration is effective until the close of the calendar year in which the application for registration is filed unless terminated earlier by involuntary dissolution in accordance with AS 10.06.633 .
 Sec. 10.06.145. - Renewal of registered name.
 A corporation that has registered its corporate name may renew the registration each year by (1) filing an application for renewal setting out the facts required in an original application for registration; (2) filing a certificate of good standing required for an original registration; and (3) paying a fee established by the department by regulation. An application for renewal shall be filed between October 1 and December 31 in each year. The renewal extends the registration for the following calendar year.
 Sec. 10.06.150. - Registered office and registered agent.
 A corporation shall continuously maintain in this state a registered agent and a registered office. The registered office may be the same as the place of business of the corporation. The registered agent may be either an individual resident of this state whose business office is the same as the registered office, or a domestic or foreign corporation authorized to transact business in this state whose business office is the same as the registered office.
 Sec. 10.06.155. - Registration of agent by nonresident with controlling interest. [Repealed, Sec. 59 ch 82 SLA 1989].
 Repealed or Renumbered
 Sec. 10.06.160. - Filing list of registered corporations with superior court; updating and publishing. [Repealed, Sec. 35 ch 126 SLA 1994].
 Repealed or Renumbered
 Sec. 10.06.165. - Change of registered office or agent.
 (a) A corporation may change its registered office, agent, or both, by filing with the department a statement signed by the president or a vice-president including
 (1) the name of the corporation;
 (2) the address of its registered office;
 (3) the address of its new registered office if the registered office is to be changed;
 (4) the name of its registered agent;
 (5) the name of its new registered agent if the registered agent is to be changed; and
 (6) a statement that the change is authorized by resolution of its board of directors.
 (b) If the commissioner finds that the statement complies with this chapter, the commissioner shall file it in the commissioner's office. The change becomes effective when the statement is filed.
 Sec. 10.06.170. - Change or resignation of registered agent.
 (a) A registered agent of a domestic or foreign corporation may change the location of the agent's office from one address to another in this state. The agent may change the registered office for each corporation for which the person is acting as registered agent by filing in the office of the commissioner a statement setting out (1) the name of the agent; (2) the address of the agent's office before change; (3) the address to which the office is changed; and (4) a list of corporations for which the person is the registered agent. The statement shall be executed by the registered agent in the individual name of the agent or, if the agent is a corporation, it shall be executed by its president or a vice-president. The statement shall be delivered to the commissioner and, if the commissioner finds that the statement complies with this chapter, the commissioner shall file it in the commissioner's office. The change becomes effective when the statement is filed.
 (b) A registered agent may resign by filing a written notice and an exact copy of the notice with the commissioner. The written notice of resignation shall set out the latest address of the principal office of the corporation and the names, addresses, and titles of the most recent officers of the corporation known by the agent. The commissioner shall immediately mail a copy of the notice to the corporation at its principal office. The resignation becomes effective 30 days after the filing of the written notice, unless the corporation sooner appoints a successor registered agent, as provided in AS 10.06.165 .
 Sec. 10.06.175. - Service of process on corporation.
 (a) The registered agent of a corporation is an agent upon whom process, notice, or demand required or permitted by law to be served upon the corporation may be served.
 (b) If a corporation fails to appoint or maintain a registered agent in this state, or if its registered agent cannot, with reasonable diligence, be found at the registered office, the commissioner is an agent of the corporation upon whom the process, notice, or demand may be served. A person may serve the commissioner under this subsection by
 (1) serving on the commissioner or the designee of the commissioner a copy of the process, notice, or demand, with any papers required by law to be delivered in connection with the service, and a fee established by the department by regulation;
 (2) sending to the corporation being served by certified mail a notice that service has been made on the commissioner under this subsection and a copy of the process, notice, or demand and accompanying papers; notice to the corporation shall be sent to
 (A) the address of the last registered office of the corporation as shown by the records on file in the office of the commissioner; and
 (B) the address, the use of which the person initiating the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice; and
 (3) filing with the appropriate court or other body, as part of the return of service, the return receipt of mailing and an affidavit of the person initiating the proceedings that this section has been complied with.
 (c) The commissioner shall keep a record of processes, notices, and demands served upon the commissioner under this section.
 (d) This section does not affect the right to serve process, notice, or demand required or permitted by law to be served upon a corporation in any other manner permitted.
 Sec. 10.06.205. - Incorporators.
 One or more natural persons at least 18 years of age may act as incorporators of a corporation by signing and delivering to the commissioner an original and an exact copy of the articles of incorporation for the corporation.
 Sec. 10.06.208. - Articles of incorporation.
 The articles of incorporation shall set out
 (1) the name of the corporation;
 (2) the purpose or purposes for which the corporation is organized that may be stated to be, or to include, the transaction of any or all lawful business for which corporations may be incorporated under this chapter;
 (3) if incorporation is after March 24, 1982, the address of its initial registered office and the name of its initial registered agent;
 (4) the name and address of each alien affiliate or a statement that there are no alien affiliates;
 (5) if the corporation is authorized to issue only one class of shares, the total number of shares that the corporation is authorized to issue;
 (6) if the corporation is authorized to issue more than one class of shares, or if a class of shares is to have two or more series,
 (A) the total number of shares of each class the corporation is authorized to issue, and the total number of shares of each series that the corporation is authorized to issue or of which the board is authorized to fix the number of shares;
 (B) the designation of each class, and the designation of each series or that the board may determine the designation of any series;
 (C) the rights, preferences, privileges, and restrictions granted to or imposed on the respective classes or series of shares or the holders of the shares, or that the board, within any limits and restrictions stated, may determine or alter the rights, preferences, privileges, and restrictions granted to or imposed on a wholly unissued class of shares or a wholly unissued series of any class of shares; and
 (D) if the number of shares of a series is authorized to be fixed by the board, the articles of incorporation may also authorize the board, within the limits and restrictions stated in the articles or stated in a resolution of the board originally fixing the number of shares constituting a series, to increase or decrease, but not below the number of shares of the series then outstanding, the number of shares of a series after the issue of shares of that series; if the number of shares of a series are decreased, the shares constituting the decrease shall resume the status they had before the adoption of the resolution originally fixing the number of shares of the series.
 Sec. 10.06.210. - Articles of incorporation; optional provisions.
 The articles of incorporation may set out
 (1) any of the following provisions, that are not effective unless expressly provided in the articles:
 (A) a provision granting, with or without limitations, the power to levy assessments upon the shares or class of shares;
 (B) a provision removing from shareholders preemptive rights to subscribe to any or all issues of shares or securities;
 (C) special qualifications of persons who may be shareholders;
 (D) a provision limiting the duration of the corporation's existence to a specified date;
 (E) a provision restricting or eliminating the power of the board or of the outstanding shares to adopt, amend, or repeal provisions of the bylaws as provided in AS 10.06.228 ;
 (F) a provision requiring, for any corporate action except as provided in AS 10.06.460 and AS 10.06.605 , the vote of a larger proportion or of all of the shares of a class or series, or the vote or quorum for taking action of a larger proportion or of all of the directors, than is otherwise required by this chapter;
 (G) a provision limiting or restricting the business in which the corporation may engage or the powers that the corporation may exercise or both;
 (H) a provision conferring upon the holder of an evidence of indebtedness, issued or to be issued by the corporation, the right to vote in the election of directors and on any other matters on which shareholders may vote;
 (I) a provision conferring on shareholders the right to determine the consideration for which shares shall be issued;
 (J) a provision requiring the approval of the shareholders or the approval of the outstanding shares for a corporate action, even though not otherwise required by this chapter;
 (K) a provision that one or more classes or series of shares are redeemable as provided in AS 10.06.325 ;
 (L) [Repealed, Sec. 59 ch 82 SLA 1989].
 (M) a provision that confers or imposes the powers, duties, privileges, and liabilities of directors upon delegates under AS 10.06.450;
 (N) a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director; the articles of incorporation may not eliminate or limit the liability of a director for (i) a breach of a director's duty of loyalty to the corporation or its stockholders; (ii) acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (iii) wilful or negligent conduct involved in the payment of dividends or the repurchase of stock from other than lawfully available funds; or (iv) a transaction from which the director derives an improper personal benefit; the provisions of this paragraph do not eliminate or limit the liability of a director for an act or omission that occurs before the effective date of the articles of incorporation or of an amendment to the articles of incorporation authorized by this paragraph;
 (2) reasonable restrictions upon the right to transfer or hypothecate shares of a class or series, but a restriction is not binding on shares issued before the adoption of the restriction unless the holders of those shares voted in favor of the restriction;
 (3) the names and addresses of the persons appointed to act as initial directors;
 (4) any other provision not in conflict with this chapter for the management of the business and for the conduct of the affairs of the corporation, including any provision that is required or permitted by this chapter to be stated in the bylaws.
 Sec. 10.06.213. - Filing of articles of incorporation.
 An original and an exact copy of the articles of incorporation shall be delivered to the commissioner for processing under AS 10.06.910 and for issuance of a certificate of incorporation.
 Sec. 10.06.215. - Disclosure of corporate purposes.
 An incorporator presenting articles of incorporation under AS 10.06.213 shall deliver, with the articles, a separate statement of the codes, from the identification codes established under AS 10.06.870 , which most closely describe the activities in which the corporation will initially engage.
 Sec. 10.06.218. - Effect of issuance of certificate of incorporation.
 The corporate existence begins on the issuance of the certificate of incorporation. That certificate is conclusive evidence that all precedent conditions required to be performed by the incorporators have been satisfied and that the corporation has been incorporated. Issuance does not affect the right of the state to bring a proceeding to cancel or revoke the certificate or for involuntary dissolution of the corporation. The doctrines of de jure compliance, de facto corporations, and corporations by estoppel are abolished.
 Sec. 10.06.220. - Assumption of purported powers of nonexistent corporation: liability.
 (a) Except as provided in (b) of this section persons who assume to act as a corporation for which there has been no issuance of a certificate of incorporation under AS 10.06.218 are jointly and severally liable for debts and liabilities incurred or arising as a result of that action.
 (b) The terms of a written contract between a third party and persons acting on behalf of a corporation for which there has been no issuance of a certificate of incorporation may modify or preclude the liability created by this section.
 (c) An oral promise, agreement or understanding is not effective to modify or preclude the liability created in (a) of this section.
 Sec. 10.06.223. - Organizational meeting.
 After the commencement of corporate existence by the issuance of a certificate of incorporation, an organizational meeting of either the incorporators or the board of directors named in the articles of incorporation shall be held, either inside or outside the state, at the call of a majority of the incorporators or directors named in the articles of incorporation, for the purpose of adopting bylaws, electing directors if none have been named in the articles, electing officers, and transacting such other business as may come before the meeting. Those calling the meeting shall give at least 20 days notice of the meeting by mail to each incorporator or director named. The notice shall state the time and place of the meeting.
 Sec. 10.06.225. - Power of incorporators before directors' election.
 Sec. 10.06.225. Power of incorporators before directors' election.
 If initial directors have not been named in the articles of incorporation, the incorporator or incorporators may do whatever is necessary and proper to perfect the organization of the corporation until the directors are elected, including the adoption and amendment of bylaws of the corporation and the election of directors.
 Sec. 10.06.228. - Bylaws: adoption, amendment or repeal.
 Bylaws may be adopted, amended, or repealed either by approval of the outstanding shares or by approval of the board, except as provided in AS 10.06.230 . The articles of incorporation may restrict or eliminate the power of either the board or the outstanding shares to adopt, amend, or repeal bylaws.
 Sec. 10.06.230. - Bylaws: number of directors and other content.
 (a) Unless a provision is contained in the articles, the bylaws shall state the number of directors of the corporation or state that the number of directors may not be less than a stated number or more than a stated number, with the exact number of the directors to be fixed, within the limits specified, by approval of the board or the shareholders in the manner provided in the bylaws. If the articles provide for the number of directors, the number of directors may only be changed by an amendment to the articles.
 (b) [Repealed, Sec. 59 ch 82 SLA 1989].
 (c) After the issuance of shares, a bylaw specifying or changing a fixed number of directors, or the maximum or minimum number of directors or changing from a fixed to a variable board or vice versa, shall be adopted by approval of the outstanding shares.
 (d) Notwithstanding (c) of this section, a bylaw or amendment of the articles of incorporation reducing the fixed or minimum number of directors to a number less than five may not be adopted if the number of votes cast against its adoption at a meeting is more than 16-2/3 percent of the outstanding shares entitled to vote.
 (e) The bylaws may contain any provision, not in conflict with law or the articles of incorporation, for the management of the business of the corporation and for the conduct of the affairs of the corporation, including but not limited to,
 (1) a provision referred to in AS 10.06.210 (2), (3), or (4);
 (2) the time, place, and manner of calling, conducting and giving notice of meetings of shareholders, directors, and committees;
 (3) the manner of execution, revocation, and use of proxies;
 (4) the qualifications, duties, and compensation of directors; the time of their annual election; and the requirements of a quorum for directors' and committee meetings;
 (5) the appointment and authority of committees of the board;
 (6) the appointment, duties, compensation, and tenure of officers;
 (7) the mode of determination of holders of record of the shares of the corporation;
 (8) the making of annual reports and financial statements to the shareholders.
 Sec. 10.06.233. - Bylaws to be kept at office; inspection by shareholders.
 Each corporation shall keep at its principal executive office in this state or, if its principal executive office is not in this state, at its principal business office in this state, the original or a copy of its bylaws with amendments to date, that shall be open to inspection by the shareholders at all reasonable times during office hours. If the principal executive office of the corporation is outside this state and the corporation has no principal business office in this state, it shall upon the written request of a shareholder furnish to a shareholder a copy of the bylaws with amendments to date.
 Sec. 10.06.305. - Creation, classes, and issuance of shares.
 (a) Subject to the provisions of this chapter, a corporation may issue one or more classes or series of shares or both, with full, limited, or no voting rights and with other rights, preferences, privileges, and restrictions as are stated or authorized in its articles of incorporation. A denial or limitation of voting rights is not effective unless at the time one or more classes or series of outstanding shares or debt securities, singly or in the aggregate, are entitled to full voting rights. A denial or limitation of dividend or liquidation rights is not effective unless at the time one or more classes or series of outstanding shares, singly or in the aggregate, are entitled to unlimited dividend or liquidation rights.
 (b) All shares of a class shall have the same voting, conversion, and redemption rights and other rights, preferences, privileges, and restrictions, unless the class is divided into series. If a class is divided into series, all the shares of a series shall have the same voting, conversion, and redemption rights and other rights, preferences, privileges, and restrictions.
 Sec. 10.06.308. - Issuance of preferred or special classes of shares.
 If authorized by the articles of incorporation, a corporation may issue preferred or special classes of shares
 (1) subject to the right of the corporation to redeem any of the shares at the price fixed by the articles for redemption;
 (2) entitling the holders to cumulative, noncumulative, or partially cumulative dividends;
 (3) having preferences over another class or classes of shares for the payment of dividends;
 (4) having preference in the assets of the corporation over another class of shares upon the voluntary or involuntary liquidation of the corporation;
 (5) convertible into shares of another class or into shares of a series of the same or another class, except a class having prior or superior rights and preferences as to dividends or distribution of assets upon liquidation.
 Sec. 10.06.310. - Issuance of shares in series.
 If authorized by the articles of incorporation, the shares of a preferred or special class may be divided into and issued in series. Each series shall be designated to distinguish the shares of the series from the shares of other series and classes.
 Sec. 10.06.313. - Variation in rights and preferences of shares.
 Any or all of the rights and preferences of a series of a preferred or special class of shares and the variations in the relative rights and preferences between different series may be fixed and determined by the articles of incorporation, but shares of the same class shall be identical except for the following relative rights and preferences as to which there may be variations between series:
 (1) the rate of dividend;
 (2) the price and the terms and conditions on which shares may be redeemed;
 (3) the amount payable upon shares in the event of involuntary liquidation;
 (4) the amount payable upon shares in the event of voluntary liquidation;
 (5) sinking fund provisions for the redemption or purchase of shares;
 (6) the terms and conditions on which shares may be converted, if the shares of a series are issued with the privilege of conversion;
 (7) voting rights, if any.
 Sec. 10.06.315. - Series rights and preferences established by board.
 If the articles of incorporation expressly vest authority in the board, then, to the extent that the articles have not established series and fixed and determined the variations in the relative rights and preferences between series, the board may divide a class into series and, within the limitations set out in AS 10.06.305 - 10.06.323 and in the articles, fix and determine the relative rights and preferences of the shares of a series.
 Sec. 10.06.318. - Manner of establishing series.
 If the authority to establish a series is contained in the articles of incorporation, the board shall adopt a resolution setting out the designation of the series and fixing and determining the relative rights and preferences of the series to the extent not fixed and determined by the articles.
 Sec. 10.06.320. - Filing of statement before issuance of series.
 (a) Before the issuance of shares of a class the rights, preferences, privileges, and restrictions of which have been fixed by resolution of the board, or before the issuance of shares of a series established by resolution of the board, the corporation shall file with the commissioner a statement, and an exact copy of the statement, signed by the president or vice-president and the secretary or assistant secretary, setting out
 (1) the name of the corporation;
 (2) a copy of the resolution determining the rights, preferences, privileges, and restrictions of the wholly unissued class, or of the resolution establishing and designating a series, and fixing and determining the relative rights and preferences of the series;
 (3) the date of the adoption of the resolution;
 (4) that the resolution was adopted by the board.
 (b) The commissioner shall process the statement in accordance with AS 10.06.910.
 Sec. 10.06.323. - Effect of filing statement.
 When the commissioner has filed the statement under AS 10.06.320 , the resolution fixing the rights, preferences, privileges, and restrictions of a wholly unissued class of shares or the resolution establishing and designating a series of shares and fixing and determining the relative rights and preferences of the series becomes effective and constitutes an amendment of the articles of incorporation.
 Sec. 10.06.325. - Redemption of shares; creation of sinking fund; repurchase agreements.
 (a) Except as provided in (b) of this section, a corporation may provide in its articles of incorporation for one or more classes or series of shares which are redeemable, in whole or in part, at the option of the corporation, at the price or prices, within the time or upon the happening of one or more specified events and upon the terms and conditions as are stated in its articles.
 (b) A corporation may not issue redeemable or other shares that purport by their terms to grant to a holder of the shares the right to compel the corporation to redeem the shares, except that an open-end investment company registered under the United States Investment Company Act of 1940 may, if its articles of incorporation so provide, issue shares that are redeemable at the option of the holder at a price approximately equal to the shares' proportionate interest in the net assets of the corporation and a shareholder may compel redemption of the shares in accordance with their terms.
 (c) Nothing in this section prevents a corporation from creating a sinking fund or similar provision or entering into an agreement for the redemption or purchase of its shares to the extent permitted by this chapter.
 Sec. 10.06.328. - Irrevocability of subscriptions for shares.
 A subscription for shares of a corporation to be organized is irrevocable for a period of six months, unless the subscription agreement provides otherwise or unless all of the subscribers consent to the revocation of the subscription.
 Sec. 10.06.330. - Payment of subscription for shares.
 Unless otherwise provided in the subscription agreement, subscriptions for shares, whether made before or after the organization of a corporation, shall be paid in full at the time or in installments as determined by the board. A call made by the board for payment on subscriptions shall be uniform for shares of the same class or shares of the same series.
 Sec. 10.06.333. - Forfeiture of shares for default in payment.
 In case of default in the payment of an installment or call when payment is due, the corporation may proceed to collect the amount due as any debt due the corporation. The bylaws may prescribe other remedies for failure to pay installments or calls that become due. No remedy working a forfeiture of a subscription, or of the amounts paid on a subscription, may be declared against a subscriber unless the amount due remains unpaid for a period of 20 days after written demand has been made. If mailed, written demand is considered to be made when it is deposited in the United States mail in a sealed envelope addressed to the subscriber at the last post office address known to the corporation, with postage prepaid. On a sale of shares by reason of forfeiture, the excess of proceeds realized over the amount due and unpaid on the shares shall be paid to the delinquent subscriber or to the legal representative of the subscriber.
 Sec. 10.06.335. - Consideration for shares.
 Shares may be issued for consideration expressed in dollars fixed by the board unless the articles of incorporation reserve to the shareholders the right to fix the consideration. If this right is reserved as to any shares, the shareholders shall, before the issuance of the shares, fix the consideration to be received for the shares by approval of the outstanding shares.
 Sec. 10.06.338. - Payment for shares.
 (a) Consideration for the issuance of shares may be paid, in whole or in part, in money, in other property, tangible or intangible, or in labor or services actually performed for the corporation. Unless otherwise provided in the articles of incorporation, when payment of the consideration for shares is received by the corporation, the shares are considered fully paid and nonassessable.
 (b) A promissory note or future service does not constitute payment or part payment for shares of a corporation.
 Sec. 10.06.340. - Judgment of board or shareholders as to value of consideration conclusive.
 In the absence of fraud in the transaction, the judgment of the board or the shareholders as to the value of the consideration received for shares is conclusive.
 Sec. 10.06.343. - Stock rights and options.
 Subject to a provision in its articles, a corporation may create and issue, whether or not in connection with the issuance and sale of any of its shares or other securities, rights or options entitling the holders of the rights or options to purchase from the corporation shares of any class or classes. These rights or options shall be evidenced in the manner the board approves and, subject to the provisions of the articles, must set out the terms upon which, the time within which, and the price at which the shares may be purchased from the corporation upon the exercise of the right or option. If the rights or options are to be issued to directors, officers, or employees of the corporation or of a subsidiary of the corporation and not to the shareholders generally, their issuance shall be authorized by the approval of the outstanding shares or must be consistent with a plan so approved or ratified. In the absence of fraud in the transaction, the judgment of the board as to the adequacy of the consideration received for the rights or options is conclusive.
 Sec. 10.06.345. - Expenses of organization, reorganization, and financing.
 The reasonable charges and expenses of organization or reorganization of a corporation, and the reasonable expenses of and compensation for the sale or underwriting of its shares, may be paid or allowed by the corporation out of the consideration received by the corporation in payment for its shares without rendering the shares not fully paid or assessable.
 Sec. 10.06.348. - Certificates representing shares.
 Except as otherwise provided under AS 10.06.349 , the shares of a corporation shall be represented by certificates signed by the president or vice-president and the secretary or an assistant secretary of the corporation, and may be sealed with the seal of the corporation or a facsimile of the seal. The signatures of the president or vice-president and the secretary or assistant secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent or registered by a registrar, other than the corporation itself or an employee of the corporation. If an officer who has signed or whose facsimile signature has been placed on the certificate ceases to be an officer before the certificate is issued, the certificate may be issued by the corporation with the same effect as if the officer were an officer at the date of its issue.
 Sec. 10.06.349. - Shares without certificates.
 (a) Unless the articles or bylaws provide otherwise, the board of directors may authorize the issuance without certificates of some or all of the corporation's classes or series of shares. The authorization does not affect shares that are already represented by certificates until the certificates are surrendered to the corporation.
 (b) Within a reasonable time after the issuance or transfer of shares without certificates, the corporation shall send the shareholder a written statement giving the information required by AS 10.06.350 to be on certificates, and, if applicable, the information required by AS 10.06.424(c) to be disclosed to the shareholder when there is no certificate.
 Sec. 10.06.350. - Information required to be stated on certificate.
 (a) Each certificate representing shares issued by a corporation authorized to issue shares of more than one class shall set out on the face or back of the certificate, or state that the corporation will furnish to a shareholder upon request and without charge, a full or summary statement of the designations, preferences, limitations, and relative rights of the shares of each class authorized to be issued and, if the corporation is authorized to issue preferred or special class in series, the variations in the relative rights and preferences between the shares of each series so far as they have been fixed and determined and the authority of the board to fix and determine the relative rights and preferences of subsequent series.
 (b) Each certificate representing shares shall state upon its face
 (1) that the corporation is organized under the laws of the state;
 (2) the name of the person to whom issued;
 (3) the number and class of shares, and the designation of the series, if any, that the certificate represents.
 Sec. 10.06.353. - Full payment required for certificate.
 A share with or without a certificate may not be issued until the share is fully paid.
 Sec. 10.06.355. - Issuance of fractional shares or scrip.
 (a) A corporation may issue a fractional share, and, by action of its board, may issue, instead of a fractional certificate, scrip in registered or bearer form that entitles the holder to receive a full share upon the surrender of the scrip aggregating a full share.
 (b) A fractional share entitles the holder to exercise voting rights, to receive dividends, and to participate in the assets of the corporation in the event of liquidation. Unless otherwise provided in the scrip, scrip does not entitle the holder to exercise voting rights, to receive dividends, or to participate in the assets of the corporation in the event of liquidation.
 (c) The board may issue scrip subject to the condition that it is void if not exchanged for full shares before a specified date, or subject to the condition that the shares for which the scrip is exchangeable may be sold by the corporation and the proceeds distributed to the holders of that scrip, or subject to other conditions that the board considers advisable.
 Sec. 10.06.356. - Shares held by nominees.
 (a) A corporation may establish a procedure by which the beneficial owner of shares that are registered in the name of a nominee is recognized by the corporation as the shareholder.
 (b) The procedure may set out
 (1) the types of nominees to whom it applies;
 (2) the rights or privileges that the corporation recognizes in a beneficial owner;
 (3) the manner in which the procedure is selected by the nominee;
 (4) the information that must be provided when the procedure is selected;
 (5) the period when selection of the procedure is effective; and
 (6) other aspects of the rights and duties created.
 Sec. 10.06.358. - Distributions; conditions.
 (a) A corporation or a subsidiary of the corporation may not make a distribution to the corporation's shareholders as defined in AS 10.06.990 unless
 (1) the amount of the retained earnings of the corporation immediately before the distribution equals or exceeds the amount of the proposed distribution; or
 (2) immediately after giving effect to the distribution the
 (A) sum of the assets of the corporation, exclusive of goodwill, capitalized research and development expenses, evidences of debts owing from directors or officers or secured by the corporation's own shares, and deferred charges, would be at least equal to one and one-fourth times its liabilities, not including deferred taxes, deferred income, and other deferred credits; and
 (B) current assets of the corporation would be at least equal to its current liabilities or, if the average of the earnings of the corporation before taxes on income and before interest expense for the two preceding fiscal years was less than the average of the interest expense of the corporation for those fiscal years, at least equal to one and one-fourth its current liabilities.
 (b) For purposes of this section,
 (1) in determining the amount of the assets of the corporation, profits derived from an exchange of assets may not be included unless the assets received are currently realizable in cash;
 (2) "current assets" may include net amounts that the board has determined in good faith may reasonably be expected to be received from customers during the 12-month period used in calculating current liabilities under existing contractual relationships obligating the customers to make fixed or periodic payments during the term of the contracts after in each case giving effect to future costs not then included in current liabilities but reasonably expected to be incurred by the corporation in performing the contracts.
 (c) For the purposes of this chapter, the amount of a distribution payable in property shall be determined on the basis of the value at which the property is carried on the corporation's financial statements in accordance with this section.
 (d) Only a corporation that classifies its assets as current assets and fixed assets in accordance with this section is governed by (a)(2)(B) of this section.
 (e) For the purposes of this section, the board of directors may base a determination that a distribution is not prohibited either on financial statements prepared in accordance with generally accepted accounting principles or on the basis of accounting practices and principles that are fair and reasonable in the circumstances.
 (f) Financial statements and determinations prepared or arrived at in accordance with generally accepted accounting principles are fair and reasonable. The fair and reasonable quality of statements and determinations prepared under other practices and principles shall be proved by the corporation.
 Sec. 10.06.360. - Prohibited distribution; inability to meet maturing debts and liabilities.
 A corporation or subsidiary of a corporation may not make a distribution to the corporation's shareholders if the corporation or the subsidiary making the distribution is, or as a result of the distribution would be, likely to be unable to meet its liabilities as they mature.
 Sec. 10.06.363. - Prohibited distribution on junior shares; liquidation preference.
 A corporation or subsidiary of a corporation may not make a distribution to the corporation's shareholders on any shares of its stock of a class or series that are junior to outstanding shares of another class or series with respect to distribution of assets on liquidation if, after giving effect to the distribution, the excess of its assets, exclusive of goodwill, capitalized research and development expenses, evidences of debts owing from directors or officers or secured by the corporation's own shares, and deferred charges, over its liabilities, not including deferred taxes, deferred income and other deferred credits, would be less than the liquidation preference of all shares having a preference on liquidation over the class or series to which the distribution is made.
 Sec. 10.06.365. - Prohibited distribution on junior shares; ratio of retained earnings.
 A corporation or a subsidiary of a corporation may not make a distribution to the corporation's shareholders on any shares of its stock of a class or series that are junior to outstanding shares of another class or series with respect to payment of dividends unless the amount of the retained earnings of the corporation immediately before the distribution equals or exceeds the amount of the proposed distribution plus the aggregate amount of the cumulative dividends in arrears on all shares having a preference with respect to payment of dividends over the class or series to which the distribution is made.
 Sec. 10.06.368. - Exception for purchase or redemption of shares of deceased shareholder.
 The provisions of AS 10.06.358 , 10.06.360, 10.06.363, and 10.06.365 do not apply to a purchase or redemption of shares of a deceased shareholder from the proceeds of insurance on the life of the shareholder in excess of the total amount of all premiums paid by the corporation for the insurance, in order to carry out the provisions of an agreement between the corporation and the shareholder to purchase or redeem the shares upon the death of the shareholder.
 Sec. 10.06.370. - Inapplicability to regulated investment company.
 The provisions of AS 10.06.358 do not apply to a dividend declared by a regulated investment company, as defined in the United States Internal Revenue Code, to the extent that the dividend is necessary to maintain the status of the corporation as a regulated investment company under the provisions of that code. The provisions of this chapter do not apply to a purchase or redemption of shares redeemable at the option of the holder by a registered open-end investment company under the United States Investment Company Act of 1940, so long as the right of redemption remains unsuspended under the provisions of that statute and the articles and bylaws of the corporation.
 Sec. 10.06.373. - Share dividends: restrictions.
 A dividend payable in shares of a class may not be paid to the holders of shares of another class unless authorized by the articles of incorporation or unless payment is authorized by the affirmative vote or the written consent of the holders of at least a majority of the outstanding shares of the class in which the payment is to be made.
 Sec. 10.06.375. - Additional restrictions in articles, bylaws, indentures or agreements.
 Nothing in this chapter prohibits additional restrictions upon the declaration of dividends or the purchase or redemption of a corporation's own shares by provision in the articles or bylaws of the corporation or in any indenture or other agreement entered into by the corporation.
 Sec. 10.06.378. - Liability of shareholders receiving prohibited distributions; suit against shareholders.
 (a) A shareholder who receives a distribution prohibited by this chapter with knowledge of facts indicating the impropriety of the distribution is liable to the corporation for the benefit of all of the creditors or shareholders entitled to institute an action under (b) of this section for the amount received by the shareholder with interest at the legal rate on judgments until paid. The liability of the shareholder under this subsection may not exceed the liabilities of the corporation owed to nonconsenting creditors at the time of the violation and the injury suffered by nonconsenting shareholders.
 (b) Suit may be brought in the name of the corporation to enforce the liability to
 (1) creditors arising under (a) of this section for a violation of AS 10.06.358 or 10.06.360 against any or all shareholders liable by any one or more creditors of the corporation whose debts or claims arose before the time of the distribution to shareholders and who have not consented to the distribution, whether or not they have reduced their claims to judgment; or
 (2) shareholders arising under (a) of this section for a violation of AS 10.06.363 or 10.06.365 against any or all shareholders liable by any one or more holders of preferred shares outstanding at the time of the distribution who have not consented to the distribution, without regard to the provisions of AS 10.06.435 .
 (c) A shareholder sued under this section may implead all other shareholders liable under this section and may compel contribution, either in that action or in an independent action against shareholders not joined in that action.
 (d) This section does not affect the liability that a shareholder may have under other applicable law.
 Sec. 10.06.380. - Identification of distribution in notice to shareholders.
 A distribution other than one chargeable to retained earnings shall be identified in a notice to shareholders as being made from a source other than retained earnings, and shall include a statement of the accounting treatment of the distribution. The notice shall accompany the distribution or shall be given within three months after the end of the fiscal year in which the distribution is paid.
 Sec. 10.06.383. - Inapplicability to winding up and involuntary or voluntary dissolution.
 AS 10.06.305 - 10.06.390 do not apply in a proceeding for winding up and dissolution under AS 10.06.605 - 10.06.678.
 Sec. 10.06.385. - Redemption of shares at the option of corporation; manner.
 (a) A corporation may redeem any or all shares that are redeemable at its option by
 (1) giving notice of redemption; and
 (2) payment or deposit of the redemption price of the shares as provided in its articles of incorporation or deposit of the redemption price in accordance with (d) of this section.
 (b) Subject to any provisions in its articles with respect to the notice required for redemption of shares, the corporation may give notice of the redemption of any or all shares subject to redemption by publishing a notice of redemption in a newspaper of general circulation in the judicial district in which the principal executive office of the corporation is located at least once a week for two successive weeks, beginning not earlier than 60 nor later than 20 days before the date fixed for redemption. The notice of redemption shall set out the following:
 (1) the class or series of shares or part of any class or series of shares to be redeemed;
 (2) the date fixed for redemption;
 (3) the redemption price; and
 (4) the place at which the shareholders may obtain payment of the redemption price upon surrender of their share certificates or uncertificated shares.
 (c) If the corporation gives notice of redemption under (b) of this section, it shall also mail a copy of the notice of redemption to each holder of record of shares to be redeemed as of the date of mailing or record date fixed in accordance with AS 10.06.408 , addressed to the holder at the address of the holder appearing on the books of the corporation or given by the holder to the corporation for the purpose of notice not earlier than 60 nor later than 20 days before the date fixed for redemption. Failure to comply with this subsection does not invalidate the redemption of the shares.
 (d) On or before the date fixed for redemption of redeemable shares, a corporation may deposit with a bank or trust company in this state as a trust fund a sum sufficient to redeem the shares called on the date fixed for redemption, with irrevocable instructions to the bank or trust company to publish a notice of redemption, or to complete the publication if begun, and to pay, on and after or before the date fixed for redemption, the redemption price of the shares to holders of the shares upon the surrender of their share certificates or uncertificated shares. From and after the date of the deposit with the bank or trust company, although before the date fixed for redemption, the shares called for redemption are redeemed and dividends on those shares cease to accrue after the date fixed for redemption. The deposit constitutes full payment of the shares to their holders and from and after the date of the deposit the shares are no longer outstanding and the holders of the shares cease to be shareholders with respect to the shares and have no rights with respect to the shares except the right to receive from the bank or trust company payment of the redemption price of the shares without interest upon surrender of the certificates for the shares or the uncertificated shares, and any right to convert the shares that may exist and continue for a period fixed by the terms of the shares.
 Sec. 10.06.388. - Acquisition of corporation's own shares; reissuance or retirement.
 Sec. 10.06.388. Acquisition of corporation's own shares; reissuance or retirement.
 (a) When a corporation purchases or redeems or otherwise acquires its own shares, the shares are restored to the status of authorized but unissued shares unless the articles prohibit their reissuance.
 (b) If the articles prohibit the reissuance of shares upon their acquisition by the corporation, then upon the acquisition of those shares the authorized number of shares of the class and series, if any, to which the shares belonged is reduced by the number of shares acquired and the articles shall be amended to reflect the reduction in authorized shares. If all of the authorized shares of a class or series are acquired and their reissue is prohibited by the articles of incorporation, then the articles shall also be amended to eliminate any statement of rights, preferences, privileges, and restrictions relating solely to that class or series. Articles of amendment shall be filed within 60 days of the acquisition of the shares in accordance with the requirements of AS 10.06.512 - 10.06.514. Approval by the outstanding shares is not required to adopt such articles of amendment.
 Sec. 10.06.390. - Capitalization of retained earnings.
 The paid-in capital of a corporation may be increased by resolution of the board directing that all or a part of the retained earnings of the corporation be transferred to the paid-in capital account.
 Sec. 10.06.405. - Meetings of shareholders.
 (a) Meetings of shareholders shall be held at a place inside or outside this state as provided in the bylaws. In the absence of a provision in the bylaws, meetings shall be held at the registered office of the corporation.
 (b) An annual meeting of the shareholders shall be held at the time as provided in the bylaws. If the annual meeting is not held within any 13-month period, the superior court may on the application of a shareholder summarily order a meeting to be held.
 (c) Special meetings of the shareholders may be called by the board, the chairman of the board, the president, the holders of not less than one-tenth of all the shares entitled to vote at the meeting, or other persons as may be authorized in the articles of incorporation or the bylaws.
 (d) The failure of a corporation to hold an annual meeting at the time stated in or fixed under its bylaws does not cause the corporation to forfeit its status, does not cause a dissolution of the corporation, and does not affect the validity of corporate action.
 Sec. 10.06.408. - Closing of transfer books and fixing record date.
 (a) To determine the shareholders entitled to notice of or to vote at a meeting of shareholders or an adjournment of a meeting, or to determine the shareholders entitled to receive payment of a dividend, or to determine the shareholders for any other proper purpose, the board of a corporation may provide that the stock transfer books shall be closed for a stated period not exceeding 70 days. If the stock transfer books are closed to determine shareholders entitled to notice of or to vote at a meeting of shareholders, they shall be closed for at least 20 days immediately preceding the meeting.
 (b) Instead of closing the stock transfer books, the bylaws or, in the absence of an applicable bylaw, the board may fix a date as the record date for the determination of shareholders. This record date may not be more than 60 days and, in case of a meeting of shareholders, not less than 20 days before the date on which the particular action requiring the determination of shareholders is to be taken. If the stock transfer books are not closed and a record date is not fixed for the determination of shareholders entitled to notice of or to vote at a meeting of shareholders or for the determination of shareholders entitled to receive payment of a dividend, the date on which notice of the meeting is mailed or the date on which the resolution of the board declaring the dividend is adopted, is the record date for the determination of shareholders. When a determination of shareholders entitled to vote at a meeting of shareholders has been made as provided in this section, the determination applies to an adjournment of the meeting of shareholders.
 Sec. 10.06.410. - Notice of shareholders' meetings.
 Sec. 10.06.410. Notice of shareholders' meetings.
 Written or printed notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than 20 or more than 60 days before the date of the meeting, either personally or by mail, by or at the direction of the president, the secretary, the officer, or persons calling the meeting, to each shareholder of record entitled to vote at the meeting. If mailed, the notice is considered delivered when deposited with postage prepaid in the United States mail addressed to the shareholder at the address of the shareholder as it appears on the stock transfer books of the corporation, or, if the shareholder has filed with the secretary of the corporation a written request that notice be mailed to a different address, addressed to the shareholder at the new address. An affidavit of the secretary or other person giving the notice or of a transfer agent of the corporation that the notice required by this section has been given, is prima facie evidence of the facts stated in the affidavit.
 Sec. 10.06.413. - Voting list; liability.
 (a) At least 20 days before each meeting of shareholders, the officer or agent having charge of the stock transfer books for shares of a corporation shall make a list of the shareholders entitled to vote at the meeting or an adjournment of the meeting arranged in alphabetical order, with the address of and the number of shares held by each shareholder. The list shall be kept on file at the registered office of the corporation and is subject to inspection by a shareholder or the agent or attorney of a shareholder at any time during usual business hours for a period of 20 days before the meeting. The list shall also be produced and kept open at the time and place of the meeting and shall be subject to the inspection of a shareholder during the meeting. The original stock transfer books are prima facie evidence as to the shareholders who are entitled to examine the list or transfer books or to vote at a meeting of shareholders.
 (b) Failure to comply with the requirements of this section does not affect the validity of the action taken at the meeting.
 (c) An officer or agent having charge of the stock transfer books who fails to prepare the list of shareholders, keep it on file for a period of 20 days, or produce and keep it open for inspection at the meeting, as provided in this section, is liable for a penalty of $5,000 and shall pay this sum to a shareholder who makes a written request for performance of the duties imposed by this section.
 Sec. 10.06.415. - Quorum of shareholders.
 (a) Unless otherwise provided in the articles of incorporation, a majority of the shares entitled to vote, represented in person or by proxy, constitutes a quorum at a meeting of shareholders, but in no event may a quorum consist of less than one-third of the shares entitled to vote at the meeting. If a quorum is present, the affirmative vote of the majority of shares represented at the meeting and entitled to vote on the subject matter is the act of the shareholders, unless the vote of a greater number or voting by classes is required by this chapter, the articles of incorporation, or the bylaws.
 (b) Shareholders present at a meeting at which a quorum is present may continue to transact business until adjournment, notwithstanding the withdrawal of enough shareholders to leave less than a quorum, if any action taken other than adjournment is approved by at least a majority of shares required to constitute a quorum.
 Sec. 10.06.418. - Proxies.
 (a) Each person entitled to vote shares may authorize another person or persons to act by proxy with respect to the shares. A proxy purporting to be executed in accordance with the provisions of this chapter is presumed valid.
 (b) A proxy is not valid after the expiration of 11 months from the date of the proxy unless it qualifies as an irrevocable proxy under (e) of this section. A proxy continues in full force and effect until revoked by the person executing it, except as provided in this section. A person may revoke a proxy by a writing delivered to the corporation stating that the proxy is revoked, by a subsequent proxy executed by the person executing the prior proxy and delivered to the corporation, or by attendance at the meeting and voting in person by the person executing the proxy. The dates contained on the forms of proxy presumptively determine the order of execution, regardless of the postmark dates on the envelopes in which the proxies are mailed.
 (c) A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted, written notice of the death or incapacity is received by the corporation.
 (d) Except as provided otherwise by written agreement of the parties, the record holder of shares held by a person as pledgee or otherwise as security or that belong to another shall, upon demand and payment of necessary expenses, issue a proxy to vote to the pledgor or to the owner of the shares.
 (e) Notwithstanding (c) of this section, a proxy that states that it is irrevocable is irrevocable for the period specified in the proxy when it is held by the following or a nominee of the following:
 (1) a person to whom the shares are pledged for the performance of an obligation or the payment of a debt;
 (2) a person who has purchased, agreed to purchase, or holds an option to purchase the shares or a person who has sold a portion of the shares of the person in the corporation to the maker of the proxy;
 (3) a person who has contracted to perform services as an employee of the corporation, if a proxy is required by the contract of employment and if the proxy states that it was given in consideration of the contract of employment, the name of the employee, and the period of employment contracted for;
 (4) a person designated by or under an agreement under AS 10.06.425 ; or
 (5) a beneficiary of a trust with respect to shares held by the trust.
 (f) Notwithstanding the period of irrevocability specified in a proxy, the proxy becomes revocable when the pledge is redeemed, the option or agreement to purchase is terminated or the seller no longer owns any shares of the corporation or dies, the period of employment provided for in the contract of employment has terminated, the agreement under AS 10.06.425 has terminated, or the person ceases to be a beneficiary of the trust. In addition, a proxy may be made irrevocable if it is given to secure the performance of a duty or to protect a title, either legal or equitable, until the happening of events that, by its terms, discharge the obligations secured by it.
 (g) Notwithstanding a provision in a proxy that makes the proxy irrevocable, a proxy is revoked when the shares are transferred unless the transferee knows about the provision or the proxy, or the irrevocability or notice of the proxy appears on a certificate representing the shares.
 Sec. 10.06.420. - Voting of shares.
 (a) An outstanding share, regardless of class, is entitled to one vote on each matter submitted to a vote at a meeting of shareholders, except as may be otherwise provided in the articles of incorporation. If the articles provide for more or less than one vote for any share, on any matter, every reference in this chapter to a majority or other proportion of shares shall refer to a majority or other proportion of the votes entitled to be cast.
 (b) Shares held by the corporation, or shares held by another corporation if a majority of the shares entitled to vote for the election of directors of the other corporation is held by the corporation, may not be voted at a meeting or counted in determining the total number of outstanding shares at a given time.
 (c) A shareholder may vote either in person or by proxy executed in writing by the shareholder or by the authorized attorney-in-fact of the shareholder.
 (d) Unless the articles of incorporation provide otherwise, at an election for directors each shareholder entitled to vote at the election may vote, in person or by proxy, the number of shares owned by the shareholder for as many persons as there are directors to be elected and for whose election the shareholder has a right to vote, or to cumulate votes by giving one candidate votes equal to the number of directors multiplied by the number of shares of the shareholder, or by distributing votes on the same principle among any number of candidates. The rights created by this subsection may not be limited by amendment to the articles when the votes cast against the amendment would be sufficient to elect one director if voted cumulatively at an election of the entire board.
 (e) Except as prohibited in this subsection, shares standing in the name of another corporation may be voted by the officer, agent, or proxy as the bylaws of the other corporation may prescribe, or, in the absence of a provision, as the board of the other corporation may determine. The shares of a corporation may not be voted if they are owned, directly or indirectly, by a second corporation, domestic or foreign, and the first corporation owns, directly or indirectly, a majority of the shares entitled to vote for the directors of the second corporation.
 (f) Shares held by an administrator, executor, guardian, or conservator may be voted by that person, either in person or by proxy, without a transfer of the shares into the name of that person. Shares standing in the name of a trustee may be voted by the trustee, either in person or by proxy, but a trustee is not entitled to vote shares held by the trustee without a transfer of the shares into the name of the trustee.
 (g) Shares standing in the name of a receiver may be voted by the receiver, and shares held by or under the control of a receiver may be voted by the receiver without a transfer of the shares into the name of the receiver if authority to transfer the shares is contained in an appropriate court order by which the receiver was appointed.
 (h) A shareholder whose shares are pledged is entitled to vote the shares until the shares have been transferred into the name of the pledgee, and thereafter the pledgee is entitled to vote the shares so transferred.
 (i) Beginning on the date on which written notice of redemption of redeemable shares has been mailed to the holders of the shares and a sum sufficient to redeem the shares has been deposited with a bank or trust company with irrevocable instruction and authority to pay the redemption price to the holders of the shares upon surrender of the certificates for the shares or the uncertificated shares, the shares may not vote on any matter and are not considered to be outstanding shares.
 Sec. 10.06.421. - Corporation's acceptance of certain documents.
 Sec. 10.06.421. Corporation's acceptance of certain documents.
 (a) If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a shareholder, the corporation, if acting in good faith, is entitled to accept the document and give it effect as the act of the shareholder.
 (b) If the name signed on a document does not correspond to the name of its shareholder, the corporation, if acting in good faith, is nevertheless entitled to accept the document and give it effect as the act of the shareholder if
 (1) the shareholder is an entity and the name signed purports to be that of an officer or agent of the entity;
 (2) the name signed purports to be that of an administrator, executor, guardian, or conservator representing the shareholder and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented with respect to the document;
 (3) the name signed purports to be that of a receiver or trustee in bankruptcy of the shareholder and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the document;
 (4) the name signed purports to be that of a pledgee, beneficial owner, or attorney-in-fact of the shareholder and, if the corporation requests, evidence acceptable to the corporation or the signatory's authority to sign for the shareholder has been presented with respect to the document; or
 (5) two or more persons are the shareholder as cotenants or fiduciaries, the name signed purports to be the name of at least one of the coowners, and the person signing appears to be acting on behalf of all the coowners.
 (c) The corporation is entitled to reject a document if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has a reasonable basis to doubt the validity of the signature on the document or the signatory's authority to sign for the shareholder.
 (d) The corporation and its officer or agent who accepts or rejects a document in good faith and in accordance with the standards of this section are not liable in damages to the shareholder for the consequences of the acceptance or rejection.
 (e) Corporate action based on the acceptance or rejection of a document under this section is valid unless a court of competent jurisdiction determines otherwise.
 (f) In this section, "document" means vote, consent, waiver, or proxy appointment.
 Sec. 10.06.423. - Actions taken without meeting: written consent; revocation of consent.
 (a) Unless prohibited by the articles or the bylaws, whenever under this chapter shareholders are required or permitted to take action by vote, the action may be taken without a meeting by written consents, identical in content, setting out the action taken, signed by the holders of all outstanding shares entitled to vote on the action.
 (b) A shareholder giving a written consent, or the shareholder's proxy holder, or a transferee of the shares or a personal representative or proxy holder of the shareholder, may only revoke the consent by a writing received by the corporation before the time that written consents of the shares required to authorize the proposed action have been filed with the secretary of the corporation. The revocation is effective upon receipt by the secretary of the corporation.
 Sec. 10.06.424. - Shareholder agreements.
 (a) The shareholders of a corporation may enter into an agreement among all the shareholders to impose restrictions on the transfer or registration of shares of the corporation to
 (1) maintain the corporation's status, including election of S corporation status under 26 U.S.C. (Internal Revenue Code), when the status depends on the number or identity of its shareholders; in this paragraph, "S corporation" has the meaning given in 26 U.S.C. 1361;
 (2) preserve exemptions under federal or state securities laws;
 (3) ensure that shareholders will be able to control who may participate in the corporation's business;
 (4) ensure that shareholders who wish to retire will be able to liquidate their investments without disrupting corporate affairs;
 (5) ensure that estates of deceased shareholders will be able to liquidate the decedents' shares in the corporation;
 (6) obligate the shareholder first to offer to the corporation or other persons, separately, consecutively, or simultaneously, an opportunity to acquire the restricted shares;
 (7) obligate the corporation or other persons, separately, consecutively, or simultaneously, to acquire the restricted shares;
 (8) require the corporation, the holder of any class of its shares, or another person, to approve the transfer of restricted shares, if the requirement is not manifestly unreasonable; and
 (9) accomplish another reasonable purpose.
 (b) The shareholders of a corporation may enter into an agreement among all of the shareholders to provide for the selection of directors and officers.
 (c) The existence of a shareholders' agreement that is consistent with this section shall be noted conspicuously on the front or back of each stock certificate together with a statement indicating that the agreement, or a copy of the agreement, is on file at the principal office of the corporation and that the corporation will allow inspection of the agreement or furnish a copy of the agreement without charge. If the share has been issued under AS 10.06.349 without a certificate, a statement that discloses the existence of the shareholders' agreement shall be sent within a reasonable time to the shareholder.
 (d) Shares issued before compliance with (c) of this section, if acquired by a person without knowledge of the shareholders' agreement, are not subject to the shareholders' agreement.
 (e) A shareholders' agreement may not alter or waive AS 10.06.350 , 10.06.358, 10.06.360, 10.06.430, 10.06.438, 10.06.544, 10.06.570, 10.06.633, 10.06.648, or 10.06.653.
 (f) In this section, "shares" includes a security that is convertible into shares or that carries a right to subscribe for or acquire shares.
 Sec. 10.06.425. - Voting trusts and agreements among shareholders.
 (a) Any number of shareholders of a corporation may create a voting trust for the purpose of conferring upon a trustee or trustees the right to vote or otherwise represent their shares, for a period not to exceed 10 years, by entering into a written voting trust agreement specifying the terms and conditions of the voting trust, by depositing a copy of the agreement with the corporation at its registered office, and by transferring their shares to the trustee or trustees for the purpose of the agreement. The trustee or trustees shall keep a record of the holders of voting trust certificates evidencing a beneficial interest in the voting trust, giving the names and addresses of all the holders and the number and class of the shares for which the voting trust certificates are issued, and shall deposit a copy of the record with the corporation at its registered office. The copies of the voting trust agreement and the record deposited with the corporation are subject to the same right of examination by a shareholder of the corporation, in person or by agent or attorney, as are the books and records of the corporation under AS 10.06.430 , and the copies of the agreement and the record are subject to examination by a holder of record of voting trust certificates, either in person or by agent or attorney, at a reasonable time for a proper purpose. This subsection does not invalidate an irrevocable proxy complying with AS 10.06.418(e).
 (b) Shareholders may enter into a voting agreement or any other agreement if the agreement is consistent with this chapter.
 Sec. 10.06.428. - Shareholders' preemptive rights.
 Sec. 10.06.428. Shareholders' preemptive rights.
 (a) Except to the extent limited or denied by this section or by the articles of incorporation, shareholders have a preemptive right to acquire unissued shares or securities convertible into such shares or carrying a right to subscribe to or acquire shares.
 (b) Unless otherwise provided in the articles of incorporation,
 (1) there is no preemptive right
 (A) to acquire any shares issued to directors, officers, or employees if approved by the outstanding shares or if authorized by and consistent with a plan previously approved by the outstanding shares; or
 (B) to acquire shares sold for consideration other than for cash;
 (2) holders of shares of a class that is preferred or limited as to dividends or assets are not entitled to a preemptive right;
 (3) holders of shares of common stock are not entitled to a preemptive right to shares of a class that is preferred or limited as to dividends or assets or to any obligations, unless convertible into shares of common stock or carrying a right to subscribe to or acquire shares of common stock;
 (4) holders of common stock without voting power are not entitled to a preemptive right to shares of common stock with voting power;
 (5) a preemptive right is only an opportunity to acquire shares or other securities under the terms and conditions as the board may fix for the purpose of providing a fair and reasonable opportunity for the exercise of the preemptive right.
 Sec. 10.06.430. - Books and records.
 (a) A corporation organized under this chapter shall keep correct and complete books and records of account, minutes of proceedings of its shareholders, board, and committees of the board, and a record of its shareholders, containing the names and addresses of all shareholders and the number and class of the shares held by each. The books and records of account, minutes, and the record of shareholders may be in written form or in any other form capable of being converted into written form within a reasonable time.
 (b) A corporation organized under this chapter shall make its books and records of account, or certified copies of them, reasonably available for inspection and copying at the registered office or principal place of business in the state by a shareholder of the corporation. Shareholder inspection shall be upon written demand stating with reasonable particularity the purpose of the inspection. The inspection may be in person or by agent or attorney, at a reasonable time and for a proper purpose. Only books and records of account, minutes, and the record of shareholders directly connected to the stated purpose of the inspection may be inspected or copied.
 (c) An officer or agent who, or a corporation that, refuses to allow a shareholder, or the agent or attorney of the shareholder, to examine and make copies from its books and records of account, minutes, and record of shareholders, for a proper purpose, is liable to the shareholder for a penalty in the amount of 10 percent of the value of the shares owned by the shareholder or $5,000, whichever is greater, in addition to other damages or remedy given the shareholder by law. It is a defense to an action for penalties under this section that the person suing has within two years sold or offered for sale a list of shareholders of the corporation or any other corporation or has aided or abetted a person in procuring a list of shareholders for this purpose, or has improperly used information secured through a prior examination of the books and records of account, minutes, or record of shareholders of the corporation or any other corporation, or was not acting in good faith or for a proper purpose in making the person's demand.
 (d) Nothing in this chapter impairs the power of a court, upon proof by a shareholder of a demand properly made and for a proper purpose, to compel the production for examination by the shareholder of the books and records of account, minutes, and record of shareholders of a corporation.
 Sec. 10.06.433. - Annual report to shareholders: content; financial statement on request.
 (a) The board shall send an annual report to the shareholders not later than 180 days after the close of the fiscal year or the date on which notice of the annual meeting in the next fiscal year is sent under AS 10.06.410 , whichever is first. A corporation with less than 100 holders of record of its shares, as determined under AS 10.06.408 , is exempt from this annual requirement unless its articles or bylaws impose the requirement. The annual report must contain a balance sheet as of the end of the fiscal year and an income statement and statement of changes in financial position for the fiscal year, accompanied by a report on the fiscal year by independent accountants or, if there is no such report, the certificate of an authorized officer of the corporation that the statements were prepared without audit from the books and records of the corporation.
 (b) In addition to the financial statement required by (a) of this section, unless a corporation has a nonexempt class of securities registered under Section 12 of the Securities Exchange Act of 1934 or files reports under Sections 7(c), 8(c), and 28 of the Alaska Native Claims Settlement Act, the annual report of a corporation having 100 or more holders of record of its shares must also briefly describe
 (1) all transactions, excluding compensation of officers and directors, during the previous fiscal year involving an amount in excess of $40,000, other than contracts let at competitive bid or services rendered at prices regulated by law, to which the corporation or its parent or subsidiary was a party, and in which a director or officer of the corporation or of a subsidiary or, if known to the corporation, its parent, or subsidiary, a holder of more than 10 percent of the outstanding voting shares of the corporation had a direct or indirect material interest; the report shall include the name of the person, the person's relationship to the corporation, the nature of the person's interest in the transaction and, if practicable, the amount of the interest; in the case of a transaction with a partnership of which the person is a partner, only the interest of the partnership need be stated; a report is not required in the case of transactions approved by the shareholders under AS 10.06.478 ;
 (2) the amount and circumstances of indemnifications or advances aggregating more than $10,000 paid during the fiscal year to an officer or director of the corporation under AS 10.06.490 ; a report is not required in the case of indemnification approved by the shareholders under AS 10.06.490 (d)(3).
 (c) A shareholder or shareholders holding at least five percent of the outstanding shares of a class of a corporation may make a written request to the corporation for an income statement of the corporation for the three-month, six-month, or nine-month period of the current fiscal year ended more than 30 days before the date of the request and a balance sheet of the corporation as of the end of the period and, in addition, if an annual report for the last fiscal year has not been sent to shareholders, the statements required by (a) of this section for the last fiscal year. The statement shall be delivered or mailed to the person making the request within 30 days of the request. A copy of the statements shall be kept on file in the principal office of the corporation for 12 months and they shall be exhibited at all reasonable times to a shareholder demanding an examination of the statements or a copy of the statements shall be mailed to that shareholder.
 (d) A corporation shall, upon the written request of a shareholder, mail to the shareholder a copy of the last annual, semiannual or quarterly income statement that it has prepared and a balance sheet as of the end of the period.
 (e) The quarterly income statements and balance sheets referred to in this section shall be accompanied by any report on those statements by independent accountants engaged by the corporation or the certificate of an authorized officer of the corporation that the financial statements were prepared without audit from the books and records of the corporation.
 (f) A corporation that neglects, fails, or refuses to prepare or submit the financial statements required by this section is subject to a penalty of $25 for each day that the failure or refusal continues, beginning 30 days after receipt of written request that the duty be performed from one entitled to make the request, up to a maximum of $1,500. The penalty shall be paid to the shareholder or shareholders jointly making the request for performance of the duty or duties imposed by this section. In addition to this penalty, the court may enforce the duty of making and mailing or delivering the information and financial statements required by this section and, for good cause shown, may extend the time limits under this section.
 (g) This section applies to a domestic corporation and a foreign corporation having its principal executive office in this state or customarily holding meetings of its board in this state.
 Sec. 10.06.435. - Shareholders' derivative action.
 Sec. 10.06.435. Shareholders' derivative action.
 (a) An action may be brought in the right of a domestic or foreign corporation to procure a judgment in its favor by a holder of shares of the corporation, of voting trust certificates of the corporation, or of a beneficial interest in shares of the corporation.
 (b) In a derivative action, the complaint shall be verified and shall allege that plaintiff was a shareholder, of record or beneficially, or the holder of voting trust certificates at the time or during any part of the transaction of which the plaintiff complains or that the plaintiff 's shares or voting trust certificates devolved upon the plaintiff by operation of law from a holder who was a holder at the time or during any part of the transaction complained of. A shareholder who does not meet the requirements of this section may be allowed in the discretion of the court to maintain the action on a preliminary showing to and determination by the court, by motion and after a hearing at which the court considers evidence, by affidavit or testimony, as it considers material, that
 (1) there is a strong prima facie case in favor of the claim asserted on behalf of the corporation;
 (2) no other similar action has been or is likely to be instituted;
 (3) the plaintiff acquired the shares before there was disclosure to the public or to the plaintiff of the wrongdoing of which the plaintiff complains;
 (4) unless the action can be maintained the defendant may retain a gain derived from the defendant's wilful breach of a fiduciary duty; and
 (5) the requested relief will not result in unjust enrichment of the corporation or a shareholder of the corporation.
 (c) Unless excused on grounds that a majority of the directors is implicated in or under the direct or indirect control of a person who is implicated in the injury to the corporation, before an action in the right of a domestic or foreign corporation is instituted a plaintiff who has standing under (b) of this section shall make a formal demand upon the board to secure the action the plaintiff desires.
 (d) If a shareholder fails to make a formal demand under (c) of this section the complaint shall state with particularity the facts establishing excuse under (c) of this section. In a motion to dismiss for failure to make demand on the board the shareholder shall have the burden to establish excuse.
 (e) In a case in which demand on the board is made under (c) of this section, a decision by the board that, in its business judgment, the litigation would not be in the best interest of the corporation terminates the right created by (a) of this section.
 (f) In a case in which demand on the board is excused under (c) of this section or the decision of the board under (e) of this section is rejected by the court as inconsistent with the directors' duties of care and loyalty to the corporation, a plaintiff who has standing under (b) of this section shall have the right to commence or continue the action created by (a) of this section. Notwithstanding (c) or (e) of this section, disinterested, noninvolved directors acting as the board or a duly charged board committee may petition the court to dismiss the plaintiff 's action on grounds that in their independent, informed business judgment the action is not in the best interests of the corporation. The petitioners shall have the burden of establishing to the satisfaction of the court their disinterest, independence from any direct or indirect control of defendants in the action, and the informed basis on which they have exercised their asserted business judgment. If the court is satisfied that the petitions are disinterested, independent, and informed it shall then exercise an independent appraisal of the plaintiff 's action to determine whether, considering the welfare of the corporation and relevant issues of public policy, it should dismiss the action.
 (g) A shareholder action otherwise in conformity with this section may not be dismissed because the alleged injury or wrong to the corporation has been ratified by the outstanding shares. A court may consider the fact of ratification in framing any order for relief to which it considers the corporation entitled.
 (h) In an action instituted or maintained in the right of a corporation by the holder or holders of record of less than five percent of the outstanding shares of any class of the corporation or of voting trust certificates for these shares, the corporation in whose right the action is brought or the defendants may at any time before final judgment move the court to require the plaintiff to give security for the reasonable expense, including attorney fees, that may be incurred by the moving party. The amount of the security may be increased or decreased from time to time in the discretion of the court upon a showing that the security has become inadequate or excessive. The corporation or other defendants may have recourse to the security in an amount as the court may determine upon the termination of the derivative action, whether or not the court finds the action was brought without reasonable cause.
 (i) A derivative action may not be discontinued, abandoned, compromised or settled without the approval of the court having jurisdiction of the action. If the court determines that the interests of the shareholders or any class or classes of shareholders will be substantially affected by a discontinuance, abandonment, compromise, or settlement, the court in its discretion may direct that notice, by publication or otherwise, shall be given to the shareholders or class or classes of shareholders whose interests will be affected. If the court directs notice to be given, it shall determine which of the parties to the action shall bear the expense of giving the notice in an amount the court determines to be reasonable in the circumstances. The amount shall be awarded as special costs of the action.
 (j) If the derivative action is successful, in whole or in part, or if anything is received as a result of the judgment, compromise, or settlement of that action, the court may award to the plaintiff or plaintiffs reasonable expenses, including reasonable attorney fees, and shall direct an accounting to the corporation for the remainder of the proceeds. This subsection does not apply to a judgment rendered only for the benefit of injured shareholders and limited to a recovery of the loss or damage sustained by them.
 Sec. 10.06.438. - Liability of shareholders and subscribers.
 (a) A holder or subscriber to shares of a corporation is under no obligation to the corporation or its creditors as holder or subscriber with respect to the shares other than the obligation to pay the corporation the full consideration for which the shares were issued or to be issued.
 (b) An assignee or transferee of shares, or of a subscription for shares, in good faith and without knowledge or notice that the full consideration has not been paid, is not personally liable to the corporation or its creditors for any unpaid portion of the consideration.
 (c) An executor, administrator, conservator, guardian, trustee, assignee for the benefit of creditors, or receiver is not personally liable to the corporation or its creditors for any unpaid portion of the consideration.
 (d) A pledgee or other holder of shares as collateral security is not personally liable as a shareholder.
 Sec. 10.06.450. - Board of directors; duty of care; right of inspection; failure to dissent.
 (a) All corporate powers shall be exercised by or under the authority of, and the business and affairs of a corporation shall be managed under the direction of, a board of directors except as may be otherwise provided in this chapter. If a provision is made under AS 10.06.468 or in the articles, the powers, duties, privileges, and liabilities conferred or imposed upon the board by this chapter shall be exercised, performed, extended and assumed to the extent and by the person or persons to whom they are delegated as provided in AS 10.06.468 or in the articles. Directors need not be residents of this state or shareholders of the corporation unless required by the articles or bylaws. The articles or bylaws may prescribe other qualifications for directors. The board may fix the compensation of directors unless otherwise provided in the articles.
 (b) A director shall perform the duties of a director, including duties as a member of a committee of the board on which the director may serve, in good faith, in a manner the director reasonably believes to be in the best interests of the corporation, and with the care, including reasonable inquiry, that an ordinarily prudent person in a like position would use under similar circumstances. Except as provided in (c) of this section, a director is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by
 (1) one or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;
 (2) counsel, public accountants, or other persons as to matters that the director reasonably believes to be within the person's professional or expert competence; or
 (3) a committee of the board upon which the director does not serve, designated in accordance with a provision of the articles or the bylaws, as to matters within the authority of the committee if the director reasonably believes the committee to merit confidence.
 (c) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by (b) of this section unwarranted.
 (d) A director has the absolute right at a reasonable time to inspect and copy all books, records, and documents of every kind and to inspect the physical properties of the corporation or a domestic or foreign subsidiary of the corporation. Inspection by a director may be made in person or by agent or attorney and the right of inspection includes the right to copy and make extracts. This section applies to a director of a foreign corporation having its principal executive office in this state or customarily holding meetings of its board in this state.
 (e) A director of a corporation who is present at a meeting of its board at which action on a corporate matter is taken is presumed to have assented to the action taken unless the director's dissent is entered in the minutes of the meeting or unless the director files a written dissent to the action with the secretary of the meeting before adjournment or forwards the dissent by certified mail to the secretary of the corporation immediately after adjournment. The right to dissent does not apply to a director who voted in favor of the action.
 Sec. 10.06.453. - Number and election of directors.
 (a) The board of directors shall consist of one or more members. The number of directors shall be fixed by, or in the manner provided in, the bylaws, unless the articles fix the number of directors, in which case a change in the number of directors shall be made only by amendment of the articles. If the number of directors is not otherwise set, the number of directors is three.
 (b) Except as otherwise provided in AS 10.06.230 and this section, the number of directors may be increased or decreased by amendment of the articles or the bylaws or by action of the board or the shareholders under the specific provisions of an article or a bylaw adopted by approval of the outstanding shares. A change in the number of directors, including by amendment of the articles, is subject to the following limitations:
 (1) if the board is authorized by the articles or the bylaws to change the number of directors, whether by amending the bylaws or by taking action under the specific provision of an article or a bylaw adopted by approval of the outstanding shares, the amendment or action shall require the vote of a majority of the entire board;
 (2) a decrease in the number of directors may not shorten the term of an incumbent director.
 (c) The articles may provide for the election of one or more directors by the holders of the shares of a class or series voting as a class or series.
 (d) The names and addresses of the members of the first board may be stated in the articles. The members of the first board hold office until the first annual meeting of shareholders, and until their successors have been elected and qualified.
 (e) At the first annual meeting of shareholders and at each subsequent annual meeting the shareholders shall elect directors to hold office until the next succeeding annual meeting, except in the case of the classification of directors as permitted by AS 10.06.455 . A director, including a director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified.
 Sec. 10.06.455. - Classification of directors.
 (a) If the board consists of three or more members, the articles of incorporation may provide that instead of electing all the directors annually the directors be divided into either two or three classes, each class to be as nearly equal in number as possible, with the term of office of directors of the first class to expire at the first annual meeting of shareholders after their election, that of the second class to expire at the second annual meeting after their election, and that of the third class, if any, to expire at the third annual meeting after their election. At each annual meeting after the classification the number of directors equal to the number of the class whose term expires at the time of the meeting shall be elected to hold office until the second succeeding annual meeting if there are two classes, or until the third succeeding annual meeting if there are three classes. A classification of directors is not effective before the first annual meeting of shareholders.
 (b) Unless cumulative voting rights under AS 10.06.420 (d) have been eliminated by the articles of incorporation, an amendment of the articles that would establish or require classification of the board under (a) of this section may not be adopted if the votes cast against the amendment would be sufficient to elect a director if voted cumulatively at an election of the entire board.
 Sec. 10.06.458. - Vacancies on the board.
 The board may declare vacant the office of a director who has been declared of unsound mind by a court order.
 Sec. 10.06.460. - Removal of director without cause.
 (a) At a regular or special meeting for which notice is given under AS 10.06.410 and this section, any or all of the directors may be removed without reason if the removal is approved by the outstanding shares, subject to the following:
 (1) in the case of a corporation with 500 or more holders of record entitled to vote on the removal and election of directors, as determined under AS 10.06.408 , written or printed notice of intention to seek removal under this section shall be delivered either personally or by mail to each shareholder of record entitled to vote at the meeting and if notice of intention to seek removal under this section is
 (A) delivered to the president or secretary of the corporation at least 75 days before the date of the annual meeting it shall be included on the notice stating the place, day, and hour of the annual meeting without cost to the shareholder seeking removal; or
 (B) not timely under (A) of this paragraph the shareholder seeking removal may, at the expense of that shareholder, deliver either personally or by mail the notice required by (1) of this subsection at any time up to 20 days before the date set for the annual meeting; if mailed, notice is considered delivered when deposited with postage prepaid in the United States mail addressed to the shareholder at the address appearing on the stock transfer books of the corporation;
 (2) unless cumulative voting rights under AS 10.06.420 (d) have been eliminated by the articles of incorporation, a director may not be removed, unless the entire board is removed, if the votes cast against removal would be sufficient to elect a director if voted cumulatively at an election at which the same total number of votes were cast; and
 (3) if by provision in the articles of incorporation the holders of the shares of a class or series, voting as a class or series, are entitled to elect one or more directors, a director elected in that manner may be removed only by the applicable vote of the holders of the shares of that class or series.
 (b) Except as provided in this section and AS 10.06.458 , 10.06.463, and 10.06.465(c), a director may not be removed before the expiration of the term of office of the director.
 Sec. 10.06.463. - Removal of director by superior court.
 The superior court may, at the suit of the board or the shareholders holding at least 10 percent of the number of outstanding shares of any class, remove from office a director for fraudulent or dishonest acts, gross neglect of duty, or gross abuse of authority or discretion with reference to the corporation and may bar from reelection a director removed in that manner for a period prescribed by the court. The corporation shall be made a party to the suit.
 Sec. 10.06.465. - Vacancies and resignation; special meeting of shareholders.
 (a) Unless otherwise provided in the articles or bylaws of the corporation and except for a vacancy created by the removal of a director, vacancies on the board may be filled by a majority of the directors then in office, whether or not less than a quorum, or by a sole remaining director. Unless the articles or a bylaw adopted with approval of the outstanding shares provide that the board may fill vacancies occurring in the board by reason of removal of directors, the vacancies may be filled only by approval of the shareholders.
 (b) The shareholders may elect a director to fill a vacancy not filled by the directors. An election by written consent to fill a vacancy requires the consent of a majority of the outstanding shares entitled to vote.
 (c) If, after the filling of a vacancy by the directors, the directors who have been elected by the shareholders constitute less than a majority of the directors, a holder or holders of an aggregate of 10 percent or more of the shares outstanding at the time may call a special meeting of shareholders under AS 10.06.405 to elect the entire board. The term of office of a director terminates upon the election and qualification of a successor.
 (d) Notwithstanding AS 10.06.453 (e), a director may resign effective upon giving written notice to the chairman of the board, the president, the secretary, or the board of directors of the corporation, unless the notice specifies a later time for the effectiveness of the resignation. If the resignation is effective at a future time, a successor may be elected to take office when the resignation becomes effective.
 Sec. 10.06.468. - Executive and other board committees.
 (a) If authorized by the articles or the bylaws of the corporation, the board, by resolution adopted by a majority of the entire board, may designate from among its members an executive committee and other committees of the board. Unless the number of directors fixed in accordance with AS 10.06.453 is less than three, each committee shall have at least two members, who serve at the pleasure of the board of directors. Each committee, to the extent provided in the resolution or the articles or bylaws of the corporation, has the authority of the board, except that a committee may not
 (1) declare dividends or distributions;
 (2) approve or recommend to shareholders actions or proposals required by this chapter to be approved by shareholders;
 (3) designate candidates for the office of director, for purposes of proxy solicitation or otherwise, or fill vacancies on the board or any committee of the board;
 (4) amend the bylaws;
 (5) approve a plan or merger not requiring shareholder approval;
 (6) capitalize retained earnings;
 (7) authorize or approve the reacquisition of shares unless under a general formula or method specified by the board;
 (8) authorize or approve the issuance or sale of, or a contract to issue or sell, shares or designate the terms of a series of a class of shares, unless the board, having acted regarding general authorization for the issuance or sale of shares, a contract to issue or sell, or the designation of a series, authorizes a committee, under a general formula or method specified by the board by resolution or by adoption of a stock option or other plan, to fix the terms of a contract for the sale of the shares and to fix the terms upon which the shares may be issued or sold, including, without limitation, the price, the dividend rate, provisions for redemption, sinking funds, conversion, voting or preferential rights, and provisions for other features of a class of shares, or a series of a class of shares, with full power in the committee to adopt a final resolution setting out all the terms of a series for filing with the commissioner under this chapter; or
 (9) authorize, approve, or ratify contracts or other transactions between the corporation and one or more of its directors, or between the corporation and a corporation, firm, or association in which one or more of its directors has a material financial interest under AS 10.06.478.
 (b) The designation of a committee, the delegation to the committee of authority, or action by the committee under that authority does not alone constitute compliance by a member of the board or the committee in question with the responsibility to act in good faith, in a manner the member reasonably believes to be in the best interests of the corporation, and with the care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances.
 Sec. 10.06.470. - Meetings: call, place, notice, and waiver.
 (a) A regular or special meeting of the board or a committee of the board may be called by the chairman of the board, the president, a vice-president, the secretary, or a director and may be held at any place inside or outside this state.
 (b) A regular meeting of the board or a committee designated by the board may be held without notice if the time and place of the meeting is fixed by the bylaws or the board. A special meeting of the board or a committee designated by the board shall be held as provided in the bylaws or, in the absence of bylaw provision, after either notice in writing sent 10 days before the meeting or notice by electronic means, personal messenger, or comparable person-to-person communication given at least 72 hours before the meeting. Unless otherwise provided in the bylaws the notice of a special meeting shall include disclosure of the business to be transacted and the purpose of the meeting.
 (c) Notice of a meeting need not be given to a director who signs a waiver of notice, whether before or after the meeting, or who attends the meeting without protesting before the meeting or at its commencement the lack of notice.
 Sec. 10.06.473. - Quorum of directors.
 (a) A majority of the number of directors fixed by the articles or bylaws of a corporation constitutes a quorum for the transaction of business unless a greater number is required by the articles or bylaws. The act of a majority of the directors present at a meeting at which a quorum is present is the act of the board, unless the act of a greater number is required by the articles or the bylaws.
 (b) The provisions of this section apply with equal force to committees of the board established under AS 10.06.468 and action by committees.
 Sec. 10.06.475. - Informal action by directors.
 (a) Unless prohibited by the articles or bylaws of the corporation, the board of a corporation or a committee designated by the board can validly conduct a meeting by communicating simultaneously with each other by means of conference telephones or similar communications equipment.
 (b) Unless prohibited by the articles or bylaws of the corporation, action required or permitted to be taken by the board or a committee designated by the board may be taken without a meeting on written consents, identical in content, setting out the action taken and signed by all the members of the board or the committee. The written consents shall be filed with the minutes. The consents have the same effect as a unanimous vote.
 Sec. 10.06.478. - Director conflicts of interest.
 (a) A contract or other transaction between a corporation and one or more of the directors of the corporation, or between a corporation and a corporation, firm, or association in which one or more of the directors of the corporation has a material financial interest, is neither void nor voidable because the director or directors or the other corporation, firm, or association are parties or because the director or directors are present at the meeting of the board that authorizes, approves, or ratifies the contract or transaction, if the material facts as to the transaction and as to the director's interest are fully disclosed or known to the
 (1) shareholders and the contract or transaction is approved by the shareholders in good faith, with the shares owned by the interested director or directors not being entitled to vote; or
 (2) board, and the board authorizes, approves, or ratifies the contract or transaction in good faith by a sufficient vote without counting the vote of the interested director or directors, and the person asserting the validity of the contract or transaction sustains the burden of proving that the contract or transaction was just and reasonable as to the corporation at the time it was authorized, approved, or ratified.
 (b) A common directorship does not alone constitute a material financial interest within the meaning of this section. A director is not interested within the meaning of this section in a resolution fixing the compensation of another director as a director, officer, or employee of the corporation, notwithstanding the fact that the first director is also receiving compensation from the corporation.
 (c) A contract or other transaction between a corporation and a corporation or association of which one or more directors of the corporation are directors is neither void nor voidable because the director or directors are present at the meeting of the board that authorizes, approves, or ratifies the contract or transaction, if the material facts of the transaction and the director's other directorship are fully disclosed or known to the board and the board authorizes, approves, or ratifies the contract or transaction in good faith by a sufficient vote without counting the vote of the common director or directors or the contract or transaction is approved by the shareholders in good faith. This subsection does not apply to contracts or transactions covered by (a) of this section.
 (d) Interested or common directors may be counted in determining the presence of a quorum at a meeting of the board that authorizes, approves, or ratifies a contract or transaction.
 (e) Nothing in this section affects the prohibitions or restraints imposed by AS 45.50.
 Sec. 10.06.480. - Liability of directors.
 (a) In addition to other liabilities, a director is liable in the following circumstances unless the director complies with the standard provided in AS 10.06.450 (b) for the performance of the duties of directors:
 (1) A director who votes for or assents to a distribution to the corporation's shareholders contrary to the provisions of AS 10.06.358 , 10.06.360, 10.06.363, or 10.06.365 or contrary to a restriction in the articles of incorporation, is liable to the corporation, jointly and severally with all other directors voting for or assenting to the distribution, for the amount of the distribution that is paid or the value of the assets that are distributed in excess of the amount of the distribution that could have been paid or distributed without violation of AS 10.06.405 - 10.06.438 or the restrictions of the articles of incorporation.
 (2) A director who votes for or assents to a distribution to the corporation's shareholders during the liquidation of the corporation without the payment and discharge of, or making adequate provision for, all known debts, obligations, and liabilities of the corporation is liable to the corporation, jointly and severally with all other directors voting for or assenting to distribution, for the value of the assets that are distributed, to the extent that the debts, obligations, and liabilities of the corporation are not thereafter paid and discharged.
 (3) A director who votes for or assents to a loan of assets of the corporation to an officer or employee or a loan secured by the corporation's shares contrary to the provisions of AS 10.06.485 or contrary to a restriction in the articles of incorporation, is liable to the corporation, jointly and severally with all other directors voting for or assenting to the loan, for the amount of the loan that is in excess of a loan that could have been extended without a violation of AS 10.06.485 or the restriction in the articles of incorporation.
 (b) A director against whom a claim is asserted under this section for the distribution of assets of the corporation is entitled to contribution from shareholders who accepted or received the assets, knowing the distribution to have been made in violation of this chapter, in proportion to the amounts received by them. A director against whom a claim is asserted under this section for the extension of a loan is entitled to contribution from the person receiving the loan.
 (c) A director against whom a claim is asserted under this section is entitled to contribution from other directors who voted for or assented to the action upon which the claim is asserted.
 Sec. 10.06.483. - Officers: tenure, resignation, agency, duty of care.
 (a) A corporation shall have a president, a secretary, a treasurer and other officers with titles and duties as stated in the bylaws of the corporation or determined by the board and as may be necessary to enable the corporation to sign instruments and share certificates. Any two or more offices may be held by the same person, except the offices of president and secretary. When all of the issued and outstanding stock of the corporation is owned by one person, the person may hold all or any combination of offices.
 (b) Except as otherwise provided in the articles or bylaws of the corporation, officers shall be chosen by the board and serve at the pleasure of the board, subject to the rights, if any, of an officer under a contract of employment. An officer may resign at any time upon written notice to the corporation without prejudice to the rights, if any, of the corporation under a contract to which the officer is a party.
 (c) All officers as between themselves and the corporation have the authority and shall perform the duties in the management of the corporation as provided in the bylaws of the corporation or, to the extent not provided in the bylaws, as provided by the board.
 (d) Subject to the provisions of AS 10.06.020 , a note, mortgage, evidence of indebtedness, contract, conveyance, or other instrument in writing, and an assignment or endorsement of these, executed or entered into between the corporation and another person, if signed by two individuals, one of whom is the chairman of the board, the president, or a vice-president and the other of whom is the secretary, an assistant secretary, the treasurer, or an assistant treasurer of the corporation, is not invalidated as to the corporation by a lack of authority of the signing officers in the absence of actual knowledge on the part of the other person that the signing officers had no authority to execute the instrument.
 (e) An officer shall perform the duties of the office in good faith and with that degree of care, including reasonable inquiry, that an ordinarily prudent person in a like position would use under similar circumstances. Except as provided in (f) of this section, an officer is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data in each case prepared or presented by legal counsel or public accountants.
 (f) An officer is not acting in good faith if the officer has knowledge concerning the matter in question that makes reliance otherwise permitted by (e) of this section unwarranted.
 Sec. 10.06.485. - Loans to directors, officers, and employees.
 (a) A loan may not be extended to an officer or employee without authorization by the board. A loan may not be extended to a director without the approval of two-thirds of the voting shares. An employee or officer who is also a director is considered a director for purposes of this section. A shareholder is not disqualified from voting on a loan to a shareholder as a director because of personal interest.
 (b) A loan to a director, officer, or employee and a loan secured by the shares of the corporation may not be made unless the loan would be permissible as a distribution under AS 10.06.358 - 10.06.365. A loan under this subsection impairs the retained earnings or paid-in capital accounts to the extent of the loan.
 (c) For purposes of this section, a loan may consist of cash, securities, or personal or real property.
 (d) If a corporation acts as a guarantor on a loan to a director, officer, or employee, the guarantee is treated as a loan under this section.
 (e) A director, officer, or employee of an affiliate corporation is a director, officer, or employee of the lending corporation for purposes of this section.
 (f) A loan is to be judged by the duties of directors and officers to act in good faith in a manner reasonably believed to be in the best interests of the corporation and with the care, including reasonable inquiry, that an ordinarily prudent person in a like position would use under similar circumstances.
 Sec. 10.06.490. - Indemnification of officers, directors, employees, and agents: insurance.
 (a) A corporation may indemnify a person who was, is, or is threatened to be made a party to a completed, pending, or threatened action or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation, by reason of the fact that the person is or was a director, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise. Indemnification may include reimbursement of expenses, attorney fees, judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with the action or proceeding if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to a criminal action or proceeding, the person had no reasonable cause to believe the conduct was unlawful. The termination of an action or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, does not create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to a criminal action or proceeding, the person had reasonable cause to believe that the conduct was unlawful.
 (b) A corporation may indemnify a person who was, is, or is threatened to be made a party to a completed, pending, or threatened action by or in the right of the corporation to procure a judgment in its favor by reason of the fact that the person is or was a director, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise. Indemnification may include reimbursement for expenses and attorney fees actually and reasonably incurred by the person in connection with the defense or settlement of the action if the person acted in good faith and in a manner the person reasonably believed to be in or not opposed to the best interests of the corporation. Indemnification may not be made in respect of any claim, issue, or matter as to which the person has been adjudged to be liable for negligence or misconduct in the performance of the person's duty to the corporation except to the extent that the court in which the action was brought determines upon application that, despite the adjudication of liability, in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for expenses that the court considers proper.
 (c) To the extent that a director, officer, employee, or agent of a corporation has been successful on the merits or otherwise in defense of an action or proceeding referred to in (a) or (b) of this section, or in defense of a claim, issue, or matter in the action or proceeding, the director, officer, employee, or agent shall be indemnified against expenses and attorney fees actually and reasonably incurred in connection with the defense.
 (d) Unless otherwise ordered by a court, indemnification under (a) or (b) of this section may only be made by a corporation upon a determination that indemnification of the director, officer, employee, or agent is proper in the circumstances because the director, officer, employee, or agent has met the applicable standard of conduct set out in (a) and (b) of this section. The determination shall be made by
 (1) the board by a majority vote of a quorum consisting of directors who were not parties to the action or proceeding; or
 (2) independent legal counsel in a written opinion if a quorum under (1) of this subsection is
 (A) not obtainable; or
 (B) obtainable but a majority of disinterested directors so directs; or
 (3) approval of the outstanding shares.
 (e) The corporation may pay or reimburse the reasonable expenses incurred in defending a civil or criminal action or proceeding in advance of the final disposition in the manner provided in (d) of this section if
 (1) in the case of a director or officer, the director or officer furnishes the corporation with a written affirmation of a good faith belief that the standard of conduct described in AS 10.06.450 (b) or 10.06.483(e) has been met;
 (2) the director, officer, employee, or agent furnishes the corporation a written unlimited general undertaking, executed personally or on behalf of the individual, to repay the advance if it is ultimately determined that an applicable standard of conduct was not met; and
 (3) a determination is made that the facts then known to those making the determination would not preclude indemnification under this chapter.
 (f) The indemnification provided by this section is not exclusive of any other rights to which a person seeking indemnification may be entitled under a bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, both as to action in the official capacity of the person and as to action in another capacity while holding the office. The right to indemnification continues as to a person who has ceased to be a director, officer, employee, or agent, and inures to the benefit of the heirs, executors, and administrators of the person.
 (g) A corporation may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against the person and incurred by the person in that capacity, or arising out of that status, whether or not the corporation has the power to indemnify the person against the liability under the provisions of this section.
 Sec. 10.06.502. - Permitted and prohibited amendments.
 (a) By complying with the provisions of this chapter a corporation may amend its articles of incorporation from time to time and in as many respects as desired if its articles as amended contain only provisions that would be lawful to insert in original articles filed at the time of the filing of the amendment.
 (b) In particular, and without limitation upon the general power of amendment, a corporation may amend its articles of incorporation to
 (1) change its corporate name;
 (2) extend a limitation upon its period of duration;
 (3) change, enlarge, or diminish a limitation upon its corporate purpose;
 (4) increase or decrease the aggregate number of shares, or shares of a class, that the corporation has authority to issue;
 (5) exchange, classify, reclassify, or cancel all or part of its shares, whether issued or unissued;
 (6) change the designation of all or a part of its shares, whether issued or unissued, and to change the preferences, limitations, and the relative rights of all or part of its shares, whether issued or unissued;
 (7) change shares of a class, whether issued or unissued, into a different number of shares of the same class or into the same or a different number of shares of other classes;
 (8) create new classes or shares having rights and preferences either prior and superior or subordinate and inferior to the shares of class then authorized, whether issued or unissued;
 (9) cancel or otherwise affect the right of the holders of the shares of class to receive dividends that have accrued but have not been declared;
 (10) divide a preferred or special class of shares, whether issued or unissued, into series and fix and determine the designation of the series and the variations in the relative rights and preferences as between the shares of the series;
 (11) authorize the board to establish, out of authorized but unissued shares, series of a preferred or special class of shares and fix and determine the relative rights and preferences of the shares of the series;
 (12) authorize the board to fix and determine the relative rights and preferences of the authorized but unissued shares of series in which either the relative rights and preferences have not been fixed and determined or the relative rights and preferences are to be changed;
 (13) revoke, diminish, or enlarge the authority of the board to establish series out of authorized but unissued shares of a preferred or special class and fix and determine the relative rights and preferences of the shares of that series; and
 (14) limit, deny, or grant to shareholders of a class the preemptive right to acquire additional shares of the corporation, whether then or thereafter authorized.
 (c) A corporation may not amend its articles of incorporation to alter a statement that may appear in the original articles of the names and addresses of the first directors, or the name and address of the initial agent, except to correct an error in the statement or to delete either after the corporation has filed a notice under AS 10.06.165 or 10.06.813.
 Sec. 10.06.504. - Procedure to amend articles of incorporation.
 (a) A corporation shall amend its articles of incorporation in the following manner:
 (1) if shares have not been issued, the board shall adopt a resolution setting out the proposed amendment or amendments;
 (2) subject to AS 10.06.506 , if shares have been issued, an amendment shall be approved by the board and the outstanding shares; approval may be initiated by the shareholders either before or after consideration by the board; if the board adopts a resolution setting out a proposed amendment, the board shall direct that the amendment be submitted to a vote at a meeting of shareholders that may be either the annual or a special meeting; if approval of the outstanding shares is obtained before action by the board, the board shall consider and either approve or reject the amendment at the next regular or special meeting;
 (3) unless the articles of incorporation provide otherwise, a corporation's board of directors may adopt one or more of the following amendments to the articles of incorporation without shareholder action:
 (A) to delete the names and addresses of the initial directors;
 (B) to delete the name and address of the initial registered agent or registered office, if a statement of change is on file with the commissioner; or
 (C) to change each issued and unissued authorized share of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding.
 (b) A proposed amendment may be contained in restated articles of incorporation that contain
 (1) a statement that except for the designated amendment the restated articles correctly set out without change the provisions of the articles being amended; and
 (2) a statement that the restated articles together with the designated amendment supersede the original articles and all amendments to the original articles.
 (c) Written notice setting out the proposed amendment or amendments or a summary of the changes to be made shall be given to each shareholder of record entitled to vote thereon within the time and in the manner provided in this chapter for the giving of notice of meetings of shareholders. If the amendment is to be considered at an annual meeting, the proposed amendment or summary may be included in the notice of the annual meeting.
 (d) The requirement of an affirmative vote of at least two-thirds of the shares entitled to vote for the adoption of an amendment to the articles of incorporation as provided in former AS 10.05.276 shall remain in force for corporations existing before July 1, 1989.
 (e) Notwithstanding (d) of this section, an election to be governed by the voting provisions of AS 10.06.504 - 10.06.506, may be made in the same manner as an amendment to the articles of incorporation is made under those sections. An election under this subsection requires the affirmative vote of at least two-thirds of the shares entitled to vote under former AS 10.05.276 (3).
 Sec. 10.06.506. - Class voting on amendments.
 (a) The holders of the outstanding shares of a class may vote as a class upon a proposed amendment, whether or not the holders are entitled to vote on the amendment by the provisions of the articles of incorporation, if the amendment
 (1) increases or decreases the aggregate number of authorized shares of the class;
 (2) exchanges, reclassifies, or cancels all or part of the shares of the class;
 (3) exchanges or creates a right of exchange of all or part of the shares of another class into the shares of the class;
 (4) changes the designations, preferences, limitations, or relative rights of the shares of the class;
 (5) changes the shares of the class into the same or a different number of shares of the same class or another class;
 (6) creates a new class of shares having rights and preferences prior and superior to the shares of the class, or increases the rights and preferences or the number of authorized shares of a class having rights and preferences prior or superior to the shares of the class;
 (7) divides the shares of a preferred or special class into series and fixes and determines the designation of the series and the variations in the relative rights and preferences between the shares of the series or authorizes the board to do so;
 (8) limits or denies the existing preemptive rights of the shares of the class;
 (9) cancels or otherwise affects dividends on the shares of the class that are accrued but not declared.
 (b) If the holders of the outstanding shares of a class are entitled to vote as a class under (a) of this section, the amendment is not approved unless it receives a majority vote of the outstanding shares of that class and approval of the outstanding shares.
 Sec. 10.06.508. - Greater voting requirements.
 If the articles of incorporation require the vote of a larger proportion or of all of the shares of a class or series, or of a larger proportion or of all the directors, than is otherwise required by this chapter, the provision in the articles requiring the greater vote may not be altered, amended, or repealed except by that greater vote unless otherwise provided in the articles.
 Sec. 10.06.510. - Articles of amendment.
 The articles of amendment shall be executed by the corporation by its president or vice-president and by its secretary or an assistant secretary and shall set out the
 (1) name of the corporation;
 (2) amendment adopted;
 (3) date of the approval of the amendment by the board and outstanding shares, or by the board if shares have not been issued;
 (4) number of shares outstanding and the number of shares entitled to vote, and, if the shares of a class are entitled to vote as a class, the designation and number of outstanding shares of each class entitled to vote;
 (5) number of shares voted for and against the amendment and, if the shares of a class are entitled to vote as a class, the number of shares of each class voted for and against the amendment or, if shares have not been issued, a statement to that effect; and
 (6) manner in which an exchange, reclassification, or cancellation of issued shares is to be carried out if the amendment provides for an exchange, reclassification, or cancellation of issued shares and is not set out in the amendment.
 Sec. 10.06.512. - Filing of articles of amendment.
 An original and an exact copy of the articles of amendment shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a certificate of amendment.
 Sec. 10.06.514. - Effect of certificate of amendment.
 (a) An amendment is effective upon the issuance of a certificate of amendment by the commissioner, or on a later date, not more than 30 days after the filing of the certificate with the commissioner, as provided in the articles of amendment.
 (b) An amendment may not affect an existing cause of action in favor of or against the corporation, or a pending suit to which the corporation is a party, or the existing rights of persons other than shareholders. If the corporate name is changed by amendment, a suit brought by or against the corporation under its former name does not abate.
 Sec. 10.06.516. - Restated articles of incorporation.
 A domestic corporation may, by resolution adopted by the board, restate its articles of incorporation as amended up to that time. Upon the adoption of the resolution, restated articles shall be executed by the corporation by its president or a vice-president and by its secretary or an assistant secretary and must set out all of the operative provisions of the articles as amended up to that time together with a statement that the restated articles correctly set out without change the corresponding provisions of the articles as amended up to that time and that the restated articles supersede the original articles and all amendments to them.
 Sec. 10.06.518. - Filing of restated articles of incorporation.
 An original and an exact copy of the restated articles of incorporation shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a restated certificate of incorporation.
 Sec. 10.06.520. - Effect of issuance of restated certificate of incorporation.
 Upon the issuance of a restated certificate of incorporation, the restated articles of incorporation become effective and supersede the original articles and all amendments.
 Sec. 10.06.522. - Amendment of articles of incorporation in reorganization proceedings.
 (a) If a plan of reorganization of a corporation has been confirmed by decree or order of a court in proceedings for the reorganization of the corporation under an applicable statute of the United States relating to reorganization of corporations, the articles of the corporation may be amended as necessary in the manner provided in (c) of this section, in order to carry out the plan and put it into effect, only if the articles as amended contain provisions that might be lawfully contained in original articles at the time of the making of the amendment.
 (b) In particular, and without limitation upon the general power of amendment, the articles of incorporation may be amended to
 (1) change the corporate name, period of duration, or corporate purposes of the corporation;
 (2) repeal, alter, or amend the bylaws of the corporation;
 (3) change the aggregate number of shares or shares of a class that the corporation has authority to issue;
 (4) change the preferences, limitation, and relative rights of all or part of the shares of the corporation, and classify, reclassify, or cancel all or part of the shares, whether issued or unissued;
 (5) authorize the issuance of bonds, debentures, or other obligations of the corporation, whether or not convertible into shares of a class or bearing warrants or other evidences of optional rights to purchase or subscribe for shares of a class, and fix the terms and conditions of the bonds, debentures, or other obligations; and
 (6) constitute or reconstitute and classify or reclassify the board of the corporation, and appoint directors and officers in place of or in addition to all or any of the directors or officers then in office.
 (c) Articles of amendment approved by decree or order of a court shall be executed by the person or persons the court designates or appoints for the purpose and must set out the name of the corporation, the amendments of the articles approved by the court, the date of the decree or order approving the articles of amendment, the title of the proceedings in which the decree or order was entered, and a statement that the decree or order was entered by a court having jurisdiction of the proceedings for the reorganization of the corporation under an applicable statute of the United States.
 Sec. 10.06.524. - Filing of amendment of articles in reorganization proceedings.
 An original and an exact copy of the articles of amendment in reorganization proceedings shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a certificate of amendment.
 Sec. 10.06.526. - Effect of issuance of certificate of amendment in reorganization proceedings.
 An amendment becomes effective upon the issuance of a certificate of amendment in reorganization proceedings, and the articles are considered to be amended without action by the directors or shareholders of the corporation and with the same effect as if the amendments had been adopted by unanimous action of the directors and shareholders of the corporation.
 Sec. 10.06.530. - Merger.
 Two or more domestic corporations may merge into one of such corporations under a plan of merger approved in the manner provided in AS 10.06.530 - 10.06.582.
 Sec. 10.06.532. - Procedure for merger.
 A plan of merger approved by a resolution of the board of each corporation shall be proposed setting out
 (1) the names of the corporations proposing to merge and the name of the surviving corporation into which they propose to merge;
 (2) the terms and conditions of the proposed merger;
 (3) the manner and basis of converting the shares of each merging corporation into shares or other securities or obligations of the surviving corporation;
 (4) a statement of changes in the articles of incorporation of the surviving corporation caused by the merger; and
 (5) other provisions of the merger considered necessary or desirable.
 Sec. 10.06.534. - Consolidation.
 Two or more domestic corporations may consolidate into a new domestic corporation under a plan of consolidation approved in the manner provided in AS 10.06.530 - 10.06.582.
 Sec. 10.06.536. - Procedure for consolidation.
 A plan of consolidation approved by a resolution of the board of each corporation shall be proposed setting out
 (1) the names of the corporations proposing to consolidate and the name of the new corporation into which they propose to consolidate;
 (2) the terms and conditions of the proposed consolidation;
 (3) the manner and basis of converting the shares of each corporation into shares or other securities or obligations of the new corporation;
 (4) the statements with respect to the new corporation required to be set out in the articles of incorporation for corporations organized under this chapter; and
 (5) other provisions of the consolidation considered necessary or desirable.
 Sec. 10.06.538. - Share exchange.
 All of the issued or outstanding shares of one or more classes of a domestic corporation may be acquired through the exchange of all of the issued or outstanding shares of the class or classes by another domestic or foreign corporation under a plan of exchange approved in the manner provided in AS 10.06.530 - 10.06.582.
 Sec. 10.06.540. - Procedure for share exchange.
 (a) A plan of exchange approved by a resolution of the board of each corporation shall be proposed setting out
 (1) the name of the corporation the shares of which are proposed to be acquired by exchange and the name of the acquiring corporation;
 (2) the terms and conditions of the proposed exchange;
 (3) the manner and basis of exchanging the shares to be acquired for shares, obligations, or other securities of the acquiring corporation or another corporation, or, in whole or in part, for cash or other property;
 (4) other provisions of the proposed exchange considered necessary or desirable.
 (b) The procedure authorized by this section does not limit the power of a corporation to acquire all or part of the shares of any class or classes of a corporation through voluntary exchange or otherwise by agreement with the shareholders.
 Sec. 10.06.542. - Disparate treatment of shares of the same class or series prohibited; exceptions.
 (a) Except as provided in (b) of this section all shares of the same class or series shall be treated equally with respect to a distribution of shares, cash, property, rights, or securities in any plan of merger, consolidation, or share exchange.
 (b) Disparate treatment of shares of the same class or series may be proposed in a plan of merger, consolidation, or share exchange if
 (1) disparate treatment is necessary to preserve a subchapter S election under the Internal Revenue Code of 1954;
 (2) there is a sound business reason for disparate treatment and proponents of the plan prove it is consistent with fiduciary duties owed to all shareholders; or
 (3) there is unanimous consent of all shareholders.
 Sec. 10.06.544. - Notice to and approval by shareholders.
 Upon approval by the board of each corporation of a plan of merger, consolidation, or exchange, each board shall, by resolution, direct that the plan be submitted for approval, at either an annual or special meeting, by the outstanding shares of each corporation. Written notice shall by given to each shareholder of record, whether or not the share or shares of the shareholder have voting rights under the articles of the corporation, not less than 20 days before the meeting, in the manner provided in this chapter for the giving of notice of meetings of shareholders. Whether the meeting is an annual or special meeting, the notice shall state that the purpose or one of the purposes of the meeting is to consider the proposed plan of merger, consolidation, or exchange. A copy or summary of the plan of merger, consolidation, or exchange, as well as a copy of AS 10.06.574 and 10.06.576, concerning the rights of a dissenting shareholder, shall be included with the notice.
 Sec. 10.06.546. - Manner of approval by shareholders.
 At each meeting for which notice is given under AS 10.06.544 a vote of the shareholders shall be taken on the proposed plan of merger, consolidation, or exchange. Each outstanding share of each corporation may vote on the proposed plan whether or not the share has voting rights under the articles of the corporation. The plan is approved if it receives the affirmative vote of at least two-thirds of the outstanding shares of each corporation. If a class of shares of a corporation is entitled to vote on the plan as a class, the plan is approved if it receives the affirmative vote of at least two-thirds of the outstanding shares of each class of shares entitled to vote on the plan as a class and the affirmative vote of at least two-thirds of the total shares entitled to vote on the plan. A class of shares of a corporation is entitled to vote as a class if a plan contains a provision that, if contained in a proposed amendment to the articles of incorporation, would entitle the class of shares to vote as a class and, in the case of an exchange, if the class is included in the exchange.
 Sec. 10.06.548. - Abandonment of plan of merger, consolidation, or exchange.
 After approval of the outstanding shares of each corporation under AS 10.06.546 and before the filing of the articles of merger, consolidation, or exchange, the merger, consolidation, or exchange may be abandoned under provisions set out in the plan.
 Sec. 10.06.550. - Articles of merger, consolidation, or exchange.
 After approval, articles of merger, articles of consolidation, or articles of exchange shall be executed by each corporation by its president or a vice-president and by its secretary or an assistant secretary, and must set out the
 (1) plan of merger, consolidation, or exchange;
 (2) number of shares outstanding of each corporation and, if the shares of a class were entitled to vote as a class, the designation and number of outstanding shares of the class; and
 (3) number of shares voted for and against the plan and, if the shares of a class were entitled to vote as a class, the number of shares of the class voted for and against the plan.
 Sec. 10.06.552. - Filing of articles of merger, consolidation, or exchange.
 An original and an exact copy of the articles of merger, consolidation, or exchange shall be delivered to the commissioner for processing according to AS 10.06.910 and for the issuance of a certificate of merger, consolidation, or exchange.
 Sec. 10.06.554. - Merger of subsidiary corporation.
 A corporation owning at least 90 percent of the outstanding shares of each class of another corporation may merge the other corporation into itself without approval by a vote of the shareholders of either corporation.
 Sec. 10.06.556. - Procedure for merger of subsidiary corporation.
 (a) The board of a proposed surviving corporation shall, by resolution, approve a plan of merger setting out
 (1) the name of the subsidiary corporation and the name of the corporation owning at least 90 percent of its shares;
 (2) subject to AS 10.06.542 , the manner and basis of converting the shares of the subsidiary corporation into shares, obligations, or other securities of the surviving or other corporation or, in whole or in part, into cash or other property.
 (b) A copy of a plan of merger shall be mailed to each shareholder of record of the subsidiary corporation.
 (c) Articles of merger shall be executed by the surviving corporation by its president or a vice-president and by its secretary or an assistant secretary and must set out the
 (1) plan of merger;
 (2) number of outstanding shares of each class of the subsidiary corporation and the number of those shares of each class owned by the surviving corporation; and
 (3) date of the mailing to shareholders of the subsidiary corporation of the plan of merger.
 Sec. 10.06.558. - Filing of articles of merger of subsidiary corporation.
 An original and an exact copy of the articles of merger of a subsidiary corporation shall be delivered to the commissioner for processing according to AS 10.06.910 and for the issuance of a certificate of merger.
 Sec. 10.06.560. - Effect of merger, consolidation, or exchange.
 (a) A merger, consolidation, or exchange is effective upon the issuance of a certificate of merger, consolidation, or exchange by the commissioner, or on a later date, not more than 30 days after the filing of the certificate with the commissioner, as provided in the plan.
 (b) When a merger or consolidation becomes effective,
 (1) the corporations that are parties to the plan of merger or consolidation shall be a single corporation, that, in the case of a merger, shall be that corporation designated in the plan of merger as the surviving corporation, and, in the case of a consolidation, shall be the new corporation provided for in the plan of consolidation;
 (2) the separate existence of all corporations that are parties to the plan of merger or consolidation, except the surviving or new corporation, ceases;
 (3) a surviving or new corporation has all the rights, privileges, immunities, and powers and is subject to all the duties and liabilities of a corporation organized under this chapter;
 (4) the surviving or new corporation possesses all the public and private rights, privileges, immunities, and franchises of each of the merging or consolidating corporations; all property, real, personal, and mixed, and all debts due on whatever account, including subscriptions to shares, and all other choses in action, and every other interest of, belonging to, or due to each of the merged or consolidated corporations, shall be transferred to and vested in the surviving or new corporation without further act; and the title to real estate, or an interest in real estate, vested in any of the corporations may not revert or be in any way impaired by reason of a merger or consolidation;
 (5) a surviving or new corporation is responsible and liable for all the liabilities and obligations of each of the merged or consolidated corporations; a claim existing or action or proceeding pending by or against the merged or consolidated corporations may be prosecuted as if the merger or consolidation has not taken place, or the surviving or new corporation may be substituted in its place; and the rights of creditors or any liens upon the property of the merged or consolidated corporations may not be impaired by the merger or consolidation;
 (6) in the case of a merger, the articles of incorporation of the surviving corporation are considered to be amended to the extent that changes in its articles are stated in the plan of merger; and, in the case of a consolidation, the statements set out in the articles of consolidation that are required or permitted to be set out in the articles of incorporation of corporations organized under this chapter are considered to be the original articles of the new corporation.
 (c) When a merger, consolidation, or exchange becomes effective, the shares of the corporation or corporations party to the plan that are to be converted or exchanged under the terms of the plan cease to exist, in the case of a merger or consolidation, or are considered to be exchanged, in the case of an exchange, and the holders of the shares are entitled only to the shares, obligations, other securities, cash, or other property into which the shares have been converted or for which they have been exchanged, in accordance with the plan, subject to the rights under AS 10.06.574 .
 Sec. 10.06.562. - Merger, consolidation, or exchange of shares between domestic and foreign corporation.
 One or more foreign corporations and one or more domestic corporations may be merged or consolidated, or participate in an exchange, if the merger, consolidation, or exchange is permitted by the laws of the state under which each foreign corporation is organized and
 (1) each domestic corporation complies with the provisions of this chapter with respect to the merger, consolidation, or exchange of domestic corporations and each foreign corporation complies with the applicable provisions of the laws of the state under which it is organized; and
 (2) if the surviving or new corporation is to be governed by the laws of another state, it complies with the provisions of this chapter concerning foreign corporations if it is to transact business in this state and it files with the commissioner an
 (A) agreement that the surviving or new foreign corporation may be served with process in this state in a proceeding for the enforcement of an obligation of a domestic corporation that is a party to the merger or consolidation and in a proceeding for the enforcement of the rights of a dissenting shareholder of a domestic corporation against the surviving or new corporation;
 (B) irrevocable appointment of the commissioner as the agent of the surviving or new corporation to accept service of process in a proceeding described in (A) of this paragraph; and
 (C) agreement that it will promptly pay to the dissenting shareholders of a domestic corporation the amount to which they are entitled under provisions of this chapter with respect to the rights of dissenting shareholders.
 Sec. 10.06.564. - Reorganization: disclosure of alien affiliates.
 Not less than 20 days before the consummation of an organic change under AS 10.06.530 - 10.06.562, the surviving or new corporation shall deliver to the commissioner
 (1) a list of the names and addresses of each alien affiliate of the surviving or new corporation;
 (2) the percentage of outstanding shares controlled by each alien affiliate; and
 (3) a specific description of the nature of the relationship between the surviving or new corporation and its alien affiliate.
 Sec. 10.06.566. - Sale of assets in regular course of business; mortgage or pledge of assets.
 The board of the corporation, without the approval of the shareholders or outstanding shares of the corporation, may authorize the sale, lease, exchange, or other disposition of all, or substantially all, the property and assets of a corporation in the usual and regular course of its business and the mortgage or pledge of any or all property and assets of a corporation whether or not in the usual and regular course of business, upon terms and conditions and for consideration, that may consist in whole or in part of cash or other property, including shares, obligations, or other securities of another domestic or foreign corporation.
 Sec. 10.06.568. - Sale of assets not in regular course of business.
 (a) A sale, lease, exchange, or other disposition of all, or substantially all, of the property and assets, with or without the good will, of a corporation, if not in the usual and regular course of its business, may be made upon terms and conditions and for consideration, that may consist in whole or in part of cash or other property, including shares, obligations or other securities of another foreign or domestic corporation, as authorized in (b) of this section.
 (b) A sale, lease, exchange, or other disposition shall be recommended to the shareholders by resolution approved by the board and submitted to a vote of the shareholders at a regular or special meeting. Written notice shall be given to each shareholder of record of the corporation, whether or not the shares have voting rights under the articles of the corporation, not less than 20 days before the meeting, in the manner provided in this chapter for the giving of notice of meetings of shareholders. Whether the meeting is an annual or special meeting the notice shall state that the purpose or one of the purposes of the meeting is to consider the proposed sale, lease, exchange, or other disposition, and include a copy of AS 10.06.574 - 10.06.576, concerning the rights of a dissenting shareholder.
 Sec. 10.06.570. - Approval of transaction by shareholders.
 (a) At a meeting for which notice is given under AS 10.06.568 (b) a vote of the shareholders shall be taken on the recommended sale, lease, exchange, or other disposition and the shareholders may fix, or may authorize the board to fix, the terms and conditions and the consideration to be received by the corporation. The transaction is approved if the recommendation of the board receives the affirmative vote of at least two-thirds of the outstanding shares of the corporation, unless a class of shares is entitled to vote as a class, in which event the transaction shall be approved upon receiving the affirmative vote of at least two-thirds of the outstanding shares of each class of shares entitled to vote as a class and of the total shares entitled to vote.
 (b) If the buyer in a sale of assets under AS 10.06.568 is in control of or under common control with the seller, the principal terms of the sale must be approved by at least 90 percent of the outstanding shares of the seller unless the sale is to a domestic or foreign corporation in consideration for the nonredeemable common shares of the purchasing corporation or its parent.
 Sec. 10.06.572. - Abandonment of transaction by board.
 The board in its discretion may abandon a sale, lease, exchange, or other disposition of assets after approval by the shares without further action or approval by the shares, subject to the rights of third parties under contracts relating to the sale, lease, exchange, or other disposition.
 Sec. 10.06.574. - Right of shareholders to dissent.
 (a) A shareholder may dissent from the following corporate actions:
 (1) a plan of merger, consolidation, or exchange to which the corporation is a party; or
 (2) a sale or exchange of all or substantially all of the property and assets of the corporation not made in the usual and regular course of its business, including a sale in dissolution, but not including a sale under a court order or a sale for cash on terms requiring that all or substantially all of the net proceeds of the sale be distributed to the shareholders in accordance with their respective interests within one year after the date of sale.
 (b) The rights of a shareholder who dissents as to less than all of the shares registered in the name of the shareholder shall be determined as if the shares as to which the shareholder dissents and the other shares of the shareholder are registered in the names of different shareholders.
 (c) This section does not apply to the shareholders of the surviving corporation in a merger if a vote of shareholders of the surviving corporation is not necessary to authorize the merger.
 (d) This section does not apply to the holders of shares of a class or series if the shares of the class or series were registered on a national securities exchange on the date fixed to determine the shareholders entitled to vote at the meeting of shareholders at which the plan of merger, consolidation, or exchange or the proposed sale or exchange of property and assets is to be acted upon unless the articles of the corporation provide otherwise.
 Sec. 10.06.576. - Rights of dissenting shareholders: procedure to enforce shareholder's right to receive payment for shares; withdrawal of demand.
 Sec. 10.06.576. Rights of dissenting shareholders: procedure to enforce shareholder's right to receive payment for shares; withdrawal of demand.
 (a) A shareholder electing to exercise a right to dissent shall file with the corporation, before or at the meeting of shareholders at which the proposed corporate action is submitted to a vote, a written objection to the proposed corporate action. The objection must include a notice of election to dissent, the shareholder's name and residence address, the number and classes of shares as to which the shareholder dissents, and a demand for payment of the fair value of the shares if the action is taken. A shareholder to whom the corporation did not give notice of the meeting in accordance with this chapter is not required to make the objection provided in this section.
 (b) Within 10 days after the shareholders' vote authorizing the action, the corporation shall given written notice of the authorization to each shareholder who filed written objection or from whom written objection was not required. The corporation may consider that a shareholder who voted for the proposed action has elected not to enforce a right of dissent under this chapter, and need not give notice to the shareholder.
 (c) Within 20 days after notice has been given under (b) of this section, a shareholder from whom written objection was not required under (a) of this section and who elects to dissent shall file with the corporation a written notice of the election, stating the shareholder's name and residence address, the number and classes of shares as to which the shareholder dissents, and a demand for payment of the fair value of the shares. A shareholder who elects to dissent from a merger under AS 10.06.532 , a consolidation under AS 10.06.534 , a share exchange under AS 10.06.540 , a transaction authorized under AS 10.06.562, or a sale of assets under AS 10.06.568 shall file a written notice of the election to dissent within 20 days after the merger plan, consolidation plan, share exchange plan, or sale of assets resolution has been mailed to the shareholder.
 (d) A merger, consolidation, or exchange is considered completed within the meaning of this chapter on the effective date determined in accordance with AS 10.06.560 ; a transaction under AS 10.06.568 is completed within the meaning of this chapter when the corporation has received the consideration specified in the board resolution that was submitted to the shareholders in accordance with that section.
 (e) Upon completion of the corporation action, the shareholder shall cease to have the rights of a shareholder except the right to be paid the fair value of the shares as to which the dissenter's rights were perfected under this chapter. A notice of election may be withdrawn by the shareholder at any time before an acceptance under AS 10.06.578 (f), but in no case later than 60 days from the date of completion of the corporate action, except that the time for withdrawing a notice of election shall be extended for 60 days from the date an offer is made, if the corporation fails to make a timely offer under AS 10.06.578 . After the time for withdrawal has expired, withdrawal of a notice of election requires the written consent of the corporation. In order to be effective, withdrawal of a notice of election must be accompanied by the return to the corporation of an advance payment made to the shareholder as provided in AS 10.06.578 . If a notice of election is withdrawn, if the corporate action is rescinded, if a court determines that the shareholder is not entitled to the right to dissent, or if the shareholder otherwise loses the right to dissent, the shareholder shall not have the right to receive payment for the shares and shall be reinstated to all rights as a shareholder that were effective on the date of the completion of the corporate action. The rights to which the shareholder is reinstated include intervening preemptive rights and the right to payment of an intervening dividend or other distribution. If an intervening right has expired or if a dividend or distribution that is not in cash has been completed, the corporation may elect to pay the shareholder the fair value of the shares in cash at the value, as determined by the board, at the time of the expiration or completion. The election to pay the value in cash shall be without prejudice to a corporate proceeding that has occurred in the interim.
 (f) At the time of filing the notice of election to dissent, or within 30 days after the shareholder has filed the notice, the shareholder shall submit to the corporation, or to its transfer agent, the certificates representing the shares for which payment is claimed, if certificates have been issued. The corporation or its transfer agent shall note conspicuously on the certificates, or on a separate document if certificates have not been issued for the shares, that a notice of election has been filed, and shall return the certificates or the separate document to the shareholder or to the person who submitted them on the shareholder's behalf. Unless a court, for good cause shown, otherwise directs, a shareholder who fails to comply with this subsection loses the right to dissent granted by this chapter, if the corporation gives written notice that the right to dissent will be lost to the shareholder within 45 days from the date that the shareholder filed the notice of election to dissent. If the corporation fails to exercise this notice option in a timely manner, the shareholder retains the right to dissent granted by this chapter.
 (g) When a share of a dissenting shareholder under (f) of this section is transferred, the new certificate must bear a notation similar to that made under (f) of this section and state the name of the original dissenting holder of the shares, or, if the share is an uncertificated share, the corporation must give the transferee a written notice stating that a notice of election to dissent has been filed and giving the name of the original dissenting holder. A transferee acquires only the rights in the corporation that the original dissenting shareholder had at the time of transfer.
 Sec. 10.06.578. - Offer and payment to dissenting shareholders; circumstances where prohibited.
 (a) Within 15 days after the expiration of the period within which shareholders may file their notice of election to dissent under AS 10.06.576, or within 15 days after the proposed corporate action is completed, whichever is later, the corporation or, in the case of a merger or consolidation, the surviving or new corporation, shall make a written offer by certified mail to each shareholder who has filed the notice of election, to pay the amount the corporation estimates to be the fair value of the shares. The offer shall be made at the same price for each share to all dissenting shareholders of the same class, or if divided into series, of the same series.
 (b) The offer required by (a) of this section shall be accompanied by a
 (1) balance sheet of the corporation whose shares the dissenting shareholder holds; the date of the balance sheet shall be that of the most recent balance sheet produced in the 12 months before the offer;
 (2) profit and loss statement or statements for at least 12 months preceding the date of the balance sheet; if the corporation was not in existence during the entire 12-month period preceding the balance sheet required by (1) of this section, then a profit and loss statement for that portion of the 12-month period preceding the balance sheet during which the corporation was in existence;
 (3) statement of the total number of shares with respect to which notices of election to dissent have been received and the total number of holders of these shares; and
 (4) copy of this section and AS 10.06.580 .
 (c) If the corporate action has been completed the offer required by (a) of this section shall also be accompanied by
 (1) advance payment to each shareholder who submitted the share certificates to the corporation, or to whom notice was sent if the shares were uncertificated, as provided in AS 10.06.576 (f), of the amount offered under (a) of this section; or
 (2) a statement to a shareholder who has not submitted the share certificates, if certificates were issued for the shares, that advance payment of the amount offered under (a) of this section will be made by the corporation promptly upon submission of the certificates.
 (d) If the corporate action has not been completed when the offer required by (a) of this section is made, the advance payment or statement about the advance payment shall be sent to each shareholder entitled to the payment or notice, after completion of the corporate action.
 (e) The advance payment or statement about the advance payment shall include advice to the shareholder that acceptance of the payment does not constitute a waiver of the shareholder's right to dissent.
 (f) The corporation may consider that a shareholder who fails to make written objection to the amount tendered under (c)(1) of this section or to submit shares in response to the statement sent under (c)(2) of this section within 30 days of the date the statement was mailed has agreed that the amount offered represents the fair value of the shares. The shareholder shall have no interest in the shares or the outcome of litigation begun under AS 10.06.580 .
 (g) Notwithstanding the other provisions of this section, if the payments otherwise required by (c) and (d) of this section or determined in accordance with AS 10.06.580 would be distributions in violation of AS 10.06.358 - 10.06.365, or 10.06.375, the corporation may not make a distribution to a dissenting shareholder. In that event, a corporation that would otherwise have the payment obligation under (c) and (d) of this section or AS 10.06.580 shall, in addition to complying with (a) and (b) of this section, give written notice within the time limits of (a) and (b) of this section to dissenting shareholders of its inability to make payment. The notice shall include
 (1) an explanation why the corporation is unable to make the payments otherwise required by this section;
 (2) a statement that a dissenting shareholder has an option to
 (A) withdraw the shareholder's notice of election to dissent, and that the corporation will consider that the withdrawal was made with the written consent of the corporation; or
 (B) retain the status of a dissenter, and, if the corporation is liquidated, be subordinated to the rights of the creditors of the corporation, but have rights superior to the nondissenting shareholders, but if the corporation is not liquidated, retain the right to be paid under (c) and (d) of this section or AS 10.06.580 and the corporation must satisfy the obligation when the restrictions on distributions do not apply; and
 (3) a statement that if the corporation does not receive the written election provided under (2) of this subsection within 60 days after notice given as required by this section, the corporation will consider that the shareholder has withdrawn the notice of election under (2)(A) of this subsection.
 Sec. 10.06.580. - Action to determine value of shares upon failure to accept corporate offer.
 (a) If the corporation fails to make the offer required by AS 10.06.578(a) or the shareholder rejects the offer within the 30-day period specified in AS 10.06.578 (f)
 (1) the corporation shall, within 20 days after the expiration of the 30-day period specified in AS 10.06.578 (f), file a petition in the court of the judicial district where the registered office of the corporation is located, requesting that the fair value of the shares be determined; if, in the case of a merger or consolidation, the surviving or new corporation is a foreign corporation without a registered office in the state, the petition shall be filed in the judicial district where the registered office of the domestic corporation was last located; or
 (2) if the corporation fails to institute a proceeding as provided in this section, a dissenting shareholder may institute a proceeding in the name of the corporation; if a dissenting shareholder does not institute a proceeding within 30 days after the expiration of the 10-day period granted the corporation under (1) of this subsection, the dissenter loses the dissenter's rights unless the superior court, for good cause shown, otherwise directs.
 (b) All dissenting shareholders who have rejected the corporate offer extended under AS 10.06.578 (a), wherever residing, shall be made parties to the proceeding as an action against their shares quasi in rem. The corporation shall serve a copy of the complaint in the proceeding on each dissenting shareholder who is a resident of this state in the manner provided by the Alaska Rules of Civil Procedure, and on each nonresident dissenting shareholder either by certified mail and publication, or in another manner permitted by law. The jurisdiction of the court shall be plenary and exclusive. A dissenting shareholder who is a party to the proceeding is entitled to judgment against the corporation for the amount determined under (c) of this section to be the fair value of the shares of that shareholder.
 (c) The court shall determine whether a dissenting shareholder who is a party to the court action is entitled to receive payment for the shareholder's shares. If the corporation does not request a determination, or if the court finds that a dissenting shareholder is entitled to a determination, the court shall establish the value of the shares; for the purposes of this section, the value shall be the fair value at the close of business on the day before the date on which the vote was taken approving the proposed corporate action. In fixing the fair value of the shares, the court shall consider the nature of the transaction giving rise to the right to dissent under AS 10.06.576 , its effects on the corporation and its shareholders, the concepts and methods customary in the relevant securities and financial markets for determining the fair value of shares of a corporation engaging in a similar transaction under comparable circumstances, and other relevant factors. The court may appoint one or more persons as appraisers to receive evidence and recommend a decision on the question of fair value of the shares. The appraisers have the power and authority specified in the order of appointment or as amended.
 (d) The judgment must include an allowance for interest at the rate the court finds to be fair and equitable, from the date on which the proposed corporate action vote was taken to the date of payment. In determining the rate of interest, the court shall consider all relevant factors, including the rate of interest that the corporation would have had to pay to borrow money during the pendency of the proceeding. If the court finds that the refusal of a shareholder to accept the corporate offer of payment for the shares is arbitrary, vexatious, or otherwise in bad faith, the court shall deny interest to the shareholder.
 (e) A party to the proceeding shall bear its own costs and expenses, including the fees and expenses of its counsel and of any experts employed by it. Notwithstanding the foregoing, the court may, in its discretion, apportion and assess all or part of the costs, expenses, and fees incurred by the corporation against one or more of the dissenting shareholders who are parties to the proceeding, if the court finds that a refusal to accept the corporate offer was arbitrary, vexatious, or otherwise in bad faith. The court may, in its discretion, apportion and assess all or a part of the costs, expenses, and fees incurred by one or more of the dissenting shareholders who are parties to the proceeding against the corporation if the court finds that
 (1) the fair value of the shares materially exceeds the amount that the corporation offered to pay;
 (2) an offer or required advance payment was not made by the corporation as provided in AS 10.06.578 ;
 (3) the corporation failed to institute the special proceeding within the period specified under (a) of this section; or
 (4) the action of the corporation in complying with its obligations as provided in this chapter was arbitrary, vexatious, or otherwise in bad faith.
 (f) Unless prohibited by AS 10.06.578 (g), within 60 days after the final determination of the proceeding, the corporation shall pay to each dissenting shareholder who is a party the amount determined under (e) of this section in exchange for the surrender of the certificate representing the dissenter's shares or the dissenter's shares if the shares are uncertificated. Upon payment of the judgment, the dissenting shareholder ceases to have an interest in the shares.
 Sec. 10.06.582. - Status of shares acquired from dissenting shareholders.
 Shares acquired by a corporation under AS 10.06.578 and 10.06.580 shall be held and disposed of by the corporation as other shares reacquired under AS 10.06.388 , except that, in the case of a merger or consolidation, they shall be held and disposed of as the plan of merger or consolidation may otherwise provide.
 Sec. 10.06.605. - Voluntary dissolution by vote, written consent of shares, or election of the board.
 (a) A corporation may elect voluntarily to wind up and dissolve by
 (1) the vote of shareholders taken at a special or annual meeting with notice under AS 10.06.410 to each shareholder entitled to vote at the meeting and stating that the purpose, or one of the purposes, of the meeting is to consider approval of voluntary dissolution of the corporation; at the meeting the election to voluntarily dissolve is adopted upon receiving the affirmative votes of two-thirds or more of the shares of the corporation entitled to vote, unless any class of shares is entitled to vote as a class, in which case the election is adopted upon receiving the affirmative vote of two-thirds or more of the shares of each class entitled to vote as a class and of two-thirds or more of the shares entitled to vote; or
 (2) written consent of the shares taken without a meeting under AS 10.06.423.
 (b) A corporation may elect by approval of the board to wind up and dissolve if the corporation has:
 (1) been adjudicated bankrupt;
 (2) disposed of all of its assets and has not conducted any business for a period of five years immediately preceding the adoption of the resolution to dissolve the corporation; or
 (3) issued no shares.
 Sec. 10.06.608. - Certificate of election: contents, signing, verification and filing.
 (a) A corporation that has elected to wind up and dissolve shall immediately file a certificate evidencing the election as provided in this section.
 (b) The certificate must be an officers' certificate or shall be signed by at least a majority of the directors then in office, by one or more shareholders authorized to do so by the shareholders holding shares representing 50 percent or more of the voting power, or by the officer or shareholder designated in the written consent and must set out
 (1) the name of the corporation, the names and addresses of its officers under AS 10.06.483 , the names and addresses of its directors, and the statement that the corporation has elected to wind up and dissolve;
 (2) the number of shares voting for the election if the election was made by the vote of shareholders and a statement that the election was made by shareholders representing at least two-thirds of the voting power under AS 10.06.605 (a)(1);
 (3) a copy of the written consent signed by all shareholders of the corporation if the election was made by the written consent of the shares;
 (4) circumstances showing the corporation to be within one of the categories described in AS 10.06.605 (b) if the election was made by the board under that subsection.
 (c) An original and an exact copy of the certificate conforming to (b) of this section shall be delivered to the commissioner for processing according to AS 10.06.910 .
 Sec. 10.06.610. - Certificate of revocation of election: contents, signing, verification, and filing.
 (a) A voluntary election to wind up and dissolve under AS 10.06.605 may be revoked before distribution of assets by an election to revoke made in the same manner as an election under AS 10.06.605 . A certificate evidencing the election to revoke shall be signed and filed in the manner prescribed in AS 10.06.608 .
 (b) The certificate must set out
 (1) that the corporation has revoked its election to wind up and dissolve;
 (2) that no assets have been distributed as a result of the election;
 (3) the number of shares voting for the revocation and the total number of outstanding shares the holders of which were entitled to vote on the revocation, if the election to revoke was made by the vote of shareholders;
 (4) a copy of the written consent signed by all shareholders of the corporation if the election to revoke was made by the written consent of the shares;
 (5) the resolution of the board if the election to revoke was made by the board.
 Sec. 10.06.613. - Effect of certificate of revocation of election.
 Revocation of a voluntary dissolution proceeding is effective upon compliance with AS 10.06.610 and the corporation may again carry on its business.
 Sec. 10.06.615. - Commencement and conduct of voluntary proceedings for winding up; cessation of business; notice.
 (a) Voluntary proceedings for winding up the corporation commence upon the resolution of shareholders or directors of the corporation electing to wind up and dissolve, or upon the filing with the corporation of a written consent of the shareholders.
 (b) If a voluntary proceeding for winding up has commenced, the board shall continue to act as a board and has powers as provided in (c) of this section to wind up and settle its affairs, both before and after the filing of the certificate of dissolution.
 (c) If a voluntary proceeding for winding up has commenced, the corporation shall cease to carry on business except to the extent necessary for the beneficial winding up of its business and except during the period the board considers necessary to preserve the corporation's goodwill or going-concern value pending a sale of its business or assets, in whole or in part. The board shall give written notice of the commencement of the proceeding for voluntary winding up by mail to all shareholders and all known creditors and claimants whose addresses appear on the records of the corporation. It is unnecessary to give notice to shareholders who voted in favor of winding up and dissolving the corporation.
 Sec. 10.06.618. - Judicial supervision of winding up; petition and notice; order protecting shareholders and creditors.
 If a corporation is in the process of voluntary winding up, a court, upon the petition of the corporation, a five-percent shareholder, or three or more creditors, and upon notice to the corporation and to other persons interested in the corporation as shareholders and creditors as the court may order, may take jurisdiction over the voluntary winding-up proceeding if it appears necessary for the protection of any parties in interest. The court, if it assumes jurisdiction, may make orders as to any and all matters concerning the winding up of the affairs of the corporation and for the protection of its shareholders and creditors of the corporation.
 Sec. 10.06.620. - Articles of dissolution: contents.
 If a corporation has been completely wound up without court proceedings, a majority of the directors then in office shall sign articles of dissolution stating that
 (1) the corporation has been completely wound up;
 (2) its known debts and liabilities have been actually paid, or adequately provided for under AS 10.06.668 , or paid or adequately provided for as far as the assets of the corporation permit, or that it has incurred no known debts or liabilities; if there are known debts or liabilities for which adequate provision for payment has been made, the articles of dissolution must state what provision has been made, setting out the name and address of the corporation, person, or governmental agency that has assumed or guaranteed payment, or the name and address of the depositary with which deposit has been made and such other information as may be necessary to enable the creditor or other person to whom payment is to be made to appear and claim payment of the debt or liability;
 (3) its known assets have been distributed to shareholders, or, if there are no shareholders, to persons entitled to the assets, or wholly applied or deposited on account of its debts and liabilities or that it acquired no known assets;
 (4) the corporation is dissolved.
 Sec. 10.06.623. - Filing of articles of dissolution.
 An original and an exact copy of the articles of dissolution shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a certificate of dissolution.
 Sec. 10.06.625. - Effect of certificate of dissolution.
 Upon the issuance of a certificate of dissolution, the existence of the corporation ceases, except for the purpose of suits, other proceedings, and appropriate corporate action by shareholders, directors, and officers as provided in this chapter.
 Sec. 10.06.628. - Involuntary dissolution by verified complaint; filing; intervention by shareholder or creditor.
 (a) A verified complaint for involuntary dissolution of a corporation on any of the grounds specified in (b) of this section may be filed in the superior court by the following persons:
 (1) one-half or more of the directors in office;
 (2) a shareholder or shareholders who hold shares representing not less than 331/3 percent of the total number of outstanding shares, assuming conversion of preferred shares convertible into common shares, or of the outstanding common shares, or of the equity of the corporation, exclusive of shares owned by persons who have personally participated in any of the transactions enumerated in (b)(4) of this section;
 (3) a shareholder if the ground for dissolution is that the period for which the corporation was formed has terminated without extension; or
 (4) another person expressly authorized to do so in the articles.
 (b) The grounds for involuntary dissolution are:
 (1) the corporation has abandoned its business for more than one year;
 (2) the corporation has an even number of directors who are equally divided and cannot agree as to the management of its affairs, so that its business can no longer be conducted to advantage or so that there is danger that its property and business will be impaired or lost, and the holders of the voting shares of the corporation are so divided into factions that they cannot elect a board consisting of an uneven number;
 (3) there is internal dissension and two or more factions of shareholders in the corporation are so deadlocked that its business can no longer be conducted with advantage to its shareholders, or the shareholders have failed at two consecutive annual meetings at which all voting power was exercised to elect successors to directors whose terms have expired or would have expired upon election of their successors;
 (4) those in control of the corporation have been guilty of or have knowingly countenanced persistent and pervasive fraud, mismanagement or abuse of authority or persistent unfairness toward shareholders, or the property of the corporation is being misapplied or wasted by its directors or officers;
 (5) in the case of any corporation with 35 or fewer shareholders of record, liquidation is reasonably necessary for the protection of the rights or interests of the complaining shareholder or shareholders; or
 (6) the period for which the corporation was formed has terminated without extension.
 (c) Before the trial of the action a shareholder or creditor of the corporation may intervene.
 (d) For purposes of this section, "shareholder" includes a beneficial owner of shares who has entered into an agreement under AS 10.06.425(a).
 Sec. 10.06.630. - Avoiding dissolution by verified complaint; purchase of plaintiff's shares; determination of fair value; stay; appraisal; award; appeal.
 Sec. 10.06.630. Avoiding dissolution by verified complaint; purchase of plaintiff's shares; determination of fair value; stay; appraisal; award; appeal.
 (a) Subject to a contrary provision in the articles of incorporation, in a suit for involuntary dissolution under AS 10.06.628 the corporation or, if it does not elect to purchase, the holders of 50 percent or more of the voting power of the corporation, the "purchasing parties" may avoid the dissolution of the corporation and the appointment of a receiver by purchasing for cash the shares owned by the plaintiffs, the "moving parties" at their fair value. The fair value shall be determined on the basis of the liquidation value, taking into account the possibility of sale of the entire business as a going concern in a liquidation. The election of the corporation to purchase may be made by the approval of the outstanding shares excluding shares held by the moving parties.
 (b) If the purchasing parties elect to purchase the shares owned by the moving parties, and are unable to agree with the moving parties upon the fair value of the shares, and give bond with sufficient security to pay the estimated reasonable expenses, including attorney fees, of the moving parties if the expenses are recoverable under (c) of this section, the court upon application of the purchasing parties shall stay the winding up and dissolution proceeding and shall proceed to ascertain and fix the fair value of the shares owned by the moving parties.
 (c) The court shall appoint three disinterested appraisers to appraise the fair value of the shares owned by the moving parties, and shall make an order referring the matter to the appraisers for the purpose of ascertaining the value of the shares. The order shall prescribe the time and manner of producing evidence if evidence is required. The award of the appraisers or of a majority of the appraisers, when confirmed by the court, is final and conclusive upon all parties. The court shall enter a decree that provides in the alternative for winding up and dissolution of the corporation unless payment is made for the shares within the time specified by the decree. If the purchasing parties do not make payment for the shares within the time specified, judgment shall be entered against the purchasing parties and the surety or sureties on the bond for the amount of the expenses, including attorney fees, of the moving parties. A shareholder aggrieved by the action of the court may appeal.
 (d) If the purchasing parties desire to prevent the winding up and dissolution, they shall pay to the moving parties the value of their shares as provided under this section less an allowance for the costs of the appraisal as the court shall determine. In the case of an appeal, the purchasing parties shall pay to the moving parties the value of the shares and costs of appraisal as fixed on appeal. On receiving payment or the tender of payment as determined by the court, the moving parties shall transfer their shares to the purchasing parties.
 (e) For the purposes of this section, "shareholder" includes a beneficial owner of shares who has entered into an agreement under AS 10.06.425(a).
 Sec. 10.06.633. - Involuntary dissolution by the commissioner: grounds, procedure, reinstatement.
 (a) A corporation may be dissolved involuntarily by the commissioner if
 (1) the corporation is delinquent six months in filing its biennial report or in paying its biennial corporation tax or a penalty;
 (2) the corporation has failed for 30 days to appoint and maintain a registered agent in the state;
 (3) the corporation has failed for 30 days after change of its registered office or registered agent to file in the office of the commissioner a statement of the change;
 (4) the corporation has failed for two years to complete dissolution under a certificate of election under AS 10.06.608 to dissolve;
 (5) a vacancy on the board of the corporation is not filled within six months or the next annual meeting, whichever occurs first;
 (6) a misrepresentation of material facts has been made in the application, report, affidavit, or other document submitted under this chapter; or
 (7) the corporation is 90 days delinquent in filing notice of change of an officer, director, alien affiliate, or five percent shareholder, as required by this chapter.
 (b) A corporation may not be dissolved under this section unless the commissioner has given the corporation written notice of its delinquency, failure, or noncompliance by certified mail addressed to its registered office, registered agent, president, or secretary at the last known address as shown by the records of the commissioner. If the corporation fails, within 60 days after the notice is sent by certified mail, to contest the alleged neglect, omission, delinquency, or noncompliance by a written request for a hearing before the commissioner or fails to correct the asserted neglect, omission, delinquency, or noncompliance it may be dissolved under (d) of this section.
 (c) If, following a hearing, the commissioner determines the presence of neglect, omission, delinquency, or noncompliance providing grounds for involuntary dissolution under this section, the corporation may appeal to the superior court by filing with the clerk of the court a notice of appeal setting out a copy of the notice given by the commissioner under (b) of this section together with a copy of a timely demand for a hearing by the corporation, and a copy of an affirmation by the commissioner of an intention to dissolve under (d) of this section. The matter shall be tried de novo by the superior court, and the court shall either sustain the commissioner or direct the commissioner to take action the court considers proper.
 (d) If a corporation has given cause for involuntary dissolution and has failed to correct the neglect, omission, delinquency, or noncompliance as provided in this section, and there has been no order of the superior court, the commissioner shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation has been dissolved, the date, and the reason for which it was dissolved. The original certificate of dissolution shall be placed in the department files and a copy of it mailed to the corporation at its registered office or in care of its registered agent, president, or secretary at the last known address, as shown by the records of the commissioner. Upon the issuance of the certificate of involuntary dissolution the existence of the corporation ceases, except as otherwise provided in this section, and its name shall be available to and may be adopted by another corporation no less than six months after the dissolution.
 (e) A corporation dissolved under this section may be reinstated within two years from the date of the certificate of involuntary dissolution if it is established to the satisfaction of the commissioner that in fact there was no cause for the dissolution, or if the neglect, omission, delinquency, or noncompliance resulting in dissolution has been corrected and payment made of double the amount delinquent along with the amount the corporation would have paid had it not been dissolved during the two-year period. Reinstatement may not be authorized if the same or a deceptively similar corporate, reserved, or registered name is currently on file with the commissioner, unless the corporation being reinstated amends its articles of incorporation to change its name to conform with the provisions of this chapter.
 (f) Nothing in this section relieves a corporation reinstated under this section from penalty or forfeiture of its powers in a case of failure to pay subsequently accruing licenses and taxes imposed by a law of the state.
 (g) An action arising out of a contract assigned by a corporation dissolved under this section may be brought in the name of the assignee. The fact of assignment and of purchase by the plaintiff shall be set out in the complaint or other process. The defense may avail itself of any defense the defense might have availed itself of in a suit upon the claim by the corporation had it not been dissolved under this section.
 (h) Service of process on a corporation dissolved under this section shall be made in the same manner prescribed by law as if the corporation had not been dissolved.
 Sec. 10.06.635. - Commissioner's authority to bring action for involuntary dissolution; grounds; relief.
 Sec. 10.06.635. Commissioner's authority to bring action for involuntary dissolution; grounds; relief.
 (a) In addition to other remedies provided by law, a corporation may be dissolved involuntarily by a decree of the superior court in an action filed by the commissioner when it is established that the corporation has
 (1) procured its certificate of incorporation through fraud;
 (2) continued to exceed or abuse the authority conferred upon it by law;
 (3) seriously violated a statute regulating corporations; or
 (4) violated a provision of law by an act or default that under the law is a ground for forfeiture of corporate existence.
 (b) The court may order dissolution or other or partial relief as it considers just and expedient. The court also may appoint a receiver under AS 10.06.643 for winding up the affairs of the corporation or may order that the corporation be wound up by its board subject to the supervision of the court.
 Sec. 10.06.638. - Jurisdiction and process for commissioner's action.
 Sec. 10.06.638. Jurisdiction and process for commissioner's action.
 (a) An action for the involuntary dissolution of a corporation under AS 10.06.635 shall be commenced by the commissioner in the superior court.
 (b) Summons shall issue and be served as in civil actions. If no registered agent or office is found to serve, the commissioner shall publish notice as in civil cases in a newspaper published in the judicial district where the registered office of the corporation is situated, containing a notice of the pendency of the action, the title of the court, the title of the action, and the date on or after which default may be entered. The commissioner may include in one notice the names of any number of corporations against which actions are pending in the same court.
 (c) The commissioner shall mail a copy of the notice to an office of the corporation, if one is known, within 10 days after the first publication of the notice.
 (d) Notice shall be published at least once each week for two successive weeks, and the first publication may begin after the summons has been returned.
 (e) Unless a corporation is served with summons, a default may not be taken against the corporation earlier than 30 days after the first publication of notice.
 Sec. 10.06.640. - Appointment of provisional director: deadlock.
 (a) If the ground for the complaint for involuntary dissolution of the corporation is a deadlock in the board as set out in AS 10.06.628(b)(2), the court may appoint a provisional director.
 (b) A provisional director shall be an impartial person, who is neither a shareholder nor a creditor of the corporation, nor related according to the common law by consanguinity or affinity within the third degree to a director of the corporation or to a judge of the court by which the provisional director is appointed. A provisional director has all the rights and powers of a director until the deadlock in the board is broken or until the provisional director is removed by order of the court or by approval of the outstanding shares.
 (c) Unless otherwise agreed the compensation of the provisional director shall be fixed by the court.
 Sec. 10.06.643. - Appointment of receiver: application, hearing and notice, security, qualifications, powers, compensation.
 (a) If, at the time of the filing of a complaint for involuntary dissolution under AS 10.06.628 or at any time after the filing, the court has reasonable grounds to believe that unless a receiver of the corporation is appointed the interests of the corporation and its shareholders will suffer pending the hearing and determination of the complaint, upon the application of the plaintiff and after a hearing upon notice to the corporation as the court may direct, the court may appoint a receiver to take over and manage the business and affairs of the corporation and to preserve its property pending the hearing and determination of the complaint for dissolution.
 (b) A receiver shall be a citizen of the United States or a corporation authorized to act as receiver. A corporate receiver may be a domestic corporation or a foreign corporation authorized to transact business in the state. A receiver shall give bond and provide sureties as the court may require.
 (c) The compensation of the receiver shall be paid out of the assets of the corporation and unless otherwise agreed shall be fixed by the court.
 Sec. 10.06.645. - Decree for winding up and dissolution: further judicial relief.
 After hearing, the court may decree a winding up and dissolution of the corporation as provided in AS 10.06.625 or, with or without winding up and dissolution, may make orders and decrees and issue injunctions in the case as justice and equity may require.
 Sec. 10.06.648. - Commencement and conduct of involuntary proceedings for winding up; cessation of business; notice.
 (a) Involuntary proceedings for winding up commence when an order for winding up is entered under AS 10.06.635 (b) or 10.06.645.
 (b) If an involuntary proceeding for winding up has commenced, the board shall conduct the winding up of the affairs of the corporation, subject to the supervision of the court, unless other persons are appointed by the court to conduct the winding up. The directors or other persons may, subject to any restrictions imposed by the court, exercise all their powers through the executive officers of the corporation without an order of the court.
 (c) If an involuntary proceeding for winding up has commenced, the corporation shall cease to carry on business except to the extent necessary for the beneficial winding up of the business and except during a period board may consider necessary to preserve the corporation's goodwill or going-concern value pending a sale of its business or assets, in whole or in part. The directors shall mail written notice of the commencement of the proceeding for involuntary winding up to all shareholders and to all known creditors and claimants whose addresses appear on the records of the corporation, unless the order for winding up has been stayed by appeal or otherwise or the proceeding or the execution of the order has been enjoined.
 Sec. 10.06.650. - Jurisdiction of court.
 If an involuntary proceeding for winding up has been commenced, the jurisdiction of the court includes
 (1) the determination of the validity of all claims and demands against the corporation, whether due or not yet due, contingent, unliquidated, or sounding only in damages, and the barring from participation of creditors and claimants failing to make and present claims and proof as required by an order;
 (2) the determination or compromise of all claims against the corporation or any of its property, and the determination of the amount of money or assets required to be retained to pay or provide for the payment of claims;
 (3) the determination of the rights of shareholders in and to the assets of the corporation;
 (4) the supervision of the presentation and filing of intermediate and final accounts of the directors or other persons appointed to conduct the winding up and hearing thereon, the allowance, disallowance or settlement of the accounts, and the discharge of the directors or the other persons from their duties and liabilities;
 (5) the appointment of a master to hear and determine any or all matters, with the power or authority the court considers proper;
 (6) the filling of vacancies on the board that the directors or shareholders are unable to fill;
 (7) the removal of a director if it appears that the director has been guilty of dishonesty, misconduct, neglect, or abuse of trust in conducting the winding up or if the director is unable to act; the court may order an election to fill the vacancy, and may enjoin, for the time it considers proper, the reelection of the removed director; the court, in place of ordering an election, may appoint a director to fill the vacancy caused by the removal; a director appointed by the court serves until the next annual meeting of shareholders or until a successor is elected or appointed;
 (8) staying the prosecution of a suit, proceeding, or action against the corporation and requiring the parties to present and prove their claims in the manner required of other creditors;
 (9) the determination of whether adequate provision has been made for payment or satisfaction of all debts and liabilities not actually paid;
 (10) the making of orders for the withdrawal or termination of proceedings to wind up and dissolve, subject to conditions for the protection of shareholders and creditors;
 (11) the making of an order, after the allowance or settlement of the final accounts of the directors or other persons, that the corporation is legally wound up and is dissolved;
 (12) the making of orders for the bringing in of new parties as the court considers proper.
 Sec. 10.06.653. - Claims against corporation; court and non-court directed winding up; presentation; notice; payment; secured claims; rejected claims.
 (a) In a court-directed winding up of a corporation under AS 10.06.618, 10.06.628, 10.06.635, and 10.06.645, creditors and claimants may be barred from participation in a distribution of the general assets of the corporation if they fail to make and present claims and proofs within the time the court may order. The time in which to present claims may not be less than four nor more than six months after the first publication of notice to creditors unless it appears by affidavit that there are no claims, in which case the time may not be less than three months. If it is shown that a claimant did not receive notice because of absence from the state or other cause, the court may allow a claim to be filed or presented at any time before distribution is completed.
 (b) Notice to creditors in a court-directed winding up shall be published not less than once a week for three consecutive weeks in a newspaper of general circulation, published in the judicial district in which the proceeding is pending or, if a newspaper is not published in that judicial district, in a newspaper designated by the court. The notice shall direct creditors and claimants to make claims and proofs to the person, at the place, and within the time specified in the notice. A copy of the notice shall be mailed to the last known address of each person shown as a creditor or claimant on the books of the corporation.
 (c) A holder of a secured claim in a court-directed winding up may prove for the whole debt in order to secure payment of a deficiency. If a holder fails to present a claim, the holder is barred only as to any right against the general assets for a deficiency in the amount realized on the holder's security.
 (d) Before a distribution in a court-directed winding up is made, the amount of an unmatured, contingent, or disputed claim against the corporation that has been presented and has not been disallowed, or the part of a claim to which the holder would be entitled if the claim were due, established, or absolute, shall, if presently reduced to cash, be paid to the commissioner of revenue. The amount shall be paid to the party entitled to the amount when the party becomes entitled or, if the party fails to establish a claim, the amount shall be distributed with the other assets of the corporation; the court may make other provision for payment of a claim, as it considers adequate. A creditor who has a claim that has been allowed but is not yet due is entitled to the present value of the claim upon distribution.
 (e) Assets of the corporation subject to claims under this section and not reduced to cash shall be held pending distribution as creditors and claimants agree or as the court directs.
 (f) If the ownership of shares of stock is in dispute, if the existence of a claim of a creditor or shareholder is contingent or contested, or if the amount of a claim of a creditor or shareholder is contingent, contested, or not determined, the maximum amount of the claims shall be reduced to cash and deposited with the commissioner of revenue. Amounts deposited with the commissioner of revenue under this subsection shall be paid to the creditor, shareholder, or the legal representative of the shareholder or creditor as the disputing parties may agree or a court may direct.
 (g) Suits against the corporation on claims that have been rejected under (d) or (f) of this section shall be commenced within 30 days after written notice of rejection is given to the claimant.
 Sec. 10.06.655. - Order declaring corporation wound up and dissolved; declarations; effect; additional orders; discharge of directors.
 (a) Upon the final settlement of the accounts of the directors or other persons appointed under AS 10.06.648 and the determination that the corporation's affairs are in a condition for it to be dissolved, the court shall make an order declaring the corporation legally wound up and dissolved. The order shall declare that the
 (1) corporation has been legally wound up, that any tax or penalty due under AS 10.06.805 - 10.06.870 has been paid or secured and that the other known debts and liabilities of the corporation have been paid or adequately provided for, or that taxes, penalties, debts, and liabilities have been paid as far as its assets permit; if adequate provision has been made for the payment of all known debts or liabilities, the order shall state what provision has been made, setting out the name and address of the corporation, person, or governmental agency that has assumed or guaranteed the payment, or the name and address of the depositary with which deposit has been made or other information as may be necessary to enable the creditor or other person to whom payment is to be made to appear and claim payment of the debt or liability;
 (2) known assets of the corporation have been distributed to the persons entitled to the assets or that it acquired no known assets;
 (3) accounts of directors or other persons appointed under AS 10.06.648 have been settled and that they are discharged from their duties and liabilities to creditors and shareholders;
 (4) corporation is dissolved.
 (b) The court may make additional orders and grant further relief as it considers proper upon the evidence submitted.
 (c) Upon the making of the order declaring the corporation dissolved, corporate existence ceases except for the purposes of further winding up if needed. The directors or other persons appointed under AS 10.06.648 shall be discharged from their duties and liabilities, except as needed to complete the winding up.
 Sec. 10.06.658. - Filing of decree of dissolution.
 The clerk of the court shall file with the commissioner a certified copy of a court decree dissolving a corporation. A fee may not be charged for the filing of a decree of dissolution.
 Sec. 10.06.660. - Powers and duties of directors in dissolution proceedings.
 The powers and duties of the directors or other persons appointed by the court under AS 10.06.648 and officers after commencement of a dissolution proceeding include, but are not limited to, the following acts in the name and on behalf of the corporation:
 (1) to elect officers and to employ agents and attorneys to liquidate or wind up the affairs of the corporation;
 (2) to continue the conduct of the business insofar as necessary for the disposal or winding up of the business;
 (3) to carry out contracts and collect, pay, compromise, and settle debts and claims for or against the corporation;
 (4) to defend suits brought against the corporation;
 (5) to sue, in the name of the corporation, for sums due or owing to the corporation or to recover property of the corporation;
 (6) to collect amounts remaining unpaid on subscriptions to shares or to recover unlawful distributions;
 (7) to sell at public or private sale, exchange, convey, or otherwise dispose of all or any part of the assets of the corporation for cash in an amount considered reasonable by the board with or without compliance with the provisions of AS 10.06.568 and 10.06.570 and without dissenters' rights (AS 10.06.574 - 10.06.582) and upon terms, conditions, and other considerations the board considers reasonable or expedient;
 (8) to execute bills of sale and deeds of conveyance in the name of the corporation;
 (9) in general to make contracts and to do any and all things in the name of the corporation that may be proper or convenient for the purposes of winding up, settling, and liquidating the affairs of the corporation.
 Sec. 10.06.663. - Proceeding to determine identity of directors or to appoint directors.
 If the identity of a director or the right of a director to hold office is in doubt, if a director is dead or unable to act, if a director fails or refuses to act, or if the director's whereabouts cannot be ascertained, an interested person may petition the superior court to determine the identity of the director or, if there are no directors, to appoint directors to wind up the affairs of the corporation, after hearing upon such notice as the court may direct.
 Sec. 10.06.665. - Distribution of corporate assets among shareholders; when to be made.
 After determining that all of the known debts and liabilities of a corporation in the process of winding up have been paid or adequately provided for, the board shall distribute all the remaining corporate assets among the shareholders according to their respective rights and preferences or, if there are no shareholders, to the persons entitled to the assets. If the winding up is by court proceeding or subject to court supervision, the distribution may not be made until after the expiration of any period for the presentation of claims that has been prescribed by order of the court.
 Sec. 10.06.668. - Provision for payment of debt or liability.
 The payment of a debt or liability, whether the whereabouts of the creditor is known or unknown, has been adequately provided for if
 (1) payment of the debt or liability has been assumed or guaranteed in good faith by one or more financially responsible corporations or other persons or by the United States government or an agency of the United States, and the provision was determined in good faith and with reasonable care by the board to be adequate at the time of distribution of the assets by the board under AS 10.06.605 - 10.06.678; or
 (2) the amount of the debt or liability has been deposited as provided in AS 10.06.653 .
 Sec. 10.06.670. - Distribution in money or in kind; installments.
 Distribution of assets may be made in money, in property, or in securities and either in installments or as a whole, if the distribution is done fairly and ratably and in conformity with the articles of incorporation and the rights of the shareholders, and shall be made as soon as reasonably consistent with the beneficial liquidation of the corporate assets.
 Sec. 10.06.673. - Plan of distribution; adoption; binding effect; notice; payment to dissenting shareholders; abandonment.
 (a) If a corporation in the process of winding up has both preferred and common shares outstanding, a plan of distribution of the shares, obligations, or securities of another corporation, or of the assets of the corporation, other than money, that is not in accordance with the liquidation rights of the preferred shares as specified in the articles of incorporation may be adopted if approved by the board and by approval of the outstanding shares of each class. The plan may provide that the distribution is in complete or partial satisfaction of the rights of the preferred shareholders upon distribution and liquidation of the assets.
 (b) A plan of distribution approved under (a) of this section is binding upon the shareholders except as provided in (c) of this section. The board shall mail notice of the adoption of the plan within 20 days after its adoption to all holders of shares having a liquidation preference.
 (c) Shareholders having a liquidation preference who dissent from the plan of distribution are entitled to be paid the amount of their liquidation preference in cash if they file written demand for payment with the corporation within 30 days after the date of mailing of the notice of the adoption of the plan of distribution unless the plan of distribution is abandoned. The demand shall state the number and class of the shares held of record by the shareholder for which the shareholder claims payment.
 (d) If a demand for cash payment is filed under (c) of this section, the board in its discretion may abandon the plan without further approval by the outstanding shares and the shareholders shall be entitled to distribution according to their rights and liquidation preferences in the process of winding up.
 Sec. 10.06.675. - Recovery of amounts improperly distributed.
 (a) If a distribution of assets has been made in the process of winding up a corporation without a court order and without prior payment or adequate provision for payment of the debts and liabilities of the corporation, the amount improperly distributed to a shareholder may be recovered by the corporation. Shareholders who received an improper distribution may be joined as a party in the same action.
 (b) Suit may be brought in the name of the corporation to enforce the liability under (a) of this section against a shareholder receiving an improper distribution by a creditor of the corporation, whether or not the creditor has reduced the claim of the creditor to judgment.
 (c) A shareholder who satisfies a liability under this section has the right of ratable contribution from other distributees who are similarly liable. A shareholder who has been compelled to return to the corporation more than the shareholder's ratable share of the amount needed to pay the debts and liabilities of the corporation may require that the corporation recover from any or all of the other distributees the proportion of the amounts received by them by the improper distribution necessary to give contribution to shareholders held liable under this section and to make the distribution of the assets fair and ratable, according to the respective rights and preferences of the shares, after payment or adequate provision for payment of all the debts and liabilities of the corporation.
 (d) In this section, "process of winding up" includes proceedings under AS 10.06.605 - 10.06.678 and other distributions of assets to shareholders made in contemplation of termination or abandonment of the corporate business.
 Sec. 10.06.678. - Continued existence of dissolved corporations; purposes; abatement of actions; distribution of omitted assets.
 (a) A corporation that is dissolved voluntarily or involuntarily continues to exist for the purpose of winding up its affairs, defending actions against it, and enabling it to collect and discharge obligations, dispose of and convey its property, and collect and divide its assets. A dissolved corporation does not continue to exist for the purpose of continuing business except so far as necessary for winding up the business.
 (b) An action or proceeding to which a corporation is a party does not abate by the dissolution of the corporation or by reason of proceedings for winding up and dissolution of the corporation. A corporation that is dissolved voluntarily or involuntarily may not commence a court action, except for a court action under AS 10.06.675 .
 (c) Assets inadvertently or otherwise omitted from the winding up continue as assets of the dissolved corporation for the benefit of persons entitled to the assets upon dissolution of the corporation and on realization the assets shall be distributed to the persons entitled.
 (d) The directors of the corporation on the date of its dissolution or as determined under AS 10.06.663 shall exercise and enjoy the powers necessary to act under the terms of this section.
 Sec. 10.06.705. - Admission of foreign corporation.
 A foreign corporation may not transact business in this state until it has been issued a certificate of authority by the commissioner. A foreign corporation may not be issued a certificate of authority to transact business in this state that a corporation organized under this chapter is not permitted to transact. A foreign corporation may not be denied a certificate of authority because the laws of the state or country under which it is organized governing its organization and internal affairs differ from the laws of this state.
 Sec. 10.06.710. - Liability for transacting business without certificate of authority.
 A foreign corporation that transacts business in the state without a certificate of authority is liable to this state, for the years or portions of years during which it transacts business in the state without a certificate of authority, in an amount equal to all fees and corporation taxes that would have been imposed by this chapter on the corporation if it had applied for and received a certificate of authority to transact business in this state as required by this chapter and filed all reports required by this chapter, plus all penalties imposed by this chapter for failure to pay the fees and corporation taxes, plus a penalty of up to $10,000 per calendar year or portion of a calendar year for each year it transacts business in this state without a certificate of authority. The attorney general shall bring proceedings to recover amounts due the state under this section.
 Sec. 10.06.713. - Transacting business without certificate of authority as a bar to right to sue.
 A foreign corporation transacting business in this state without a certificate of authority may not maintain an action, suit, or proceeding in a court of this state until it obtains a certificate of authority. A successor or assignee of a foreign corporation transacting business without a certificate of authority may not maintain an action, suit, or proceeding in a court of this state on a right, claim, or demand arising out of the transaction of business by the corporation in this state until a certificate of authority is obtained by the corporation or by a corporation that has acquired all or substanially all of its assets.
 Sec. 10.06.715. - Transacting business without certificate of authority not affecting contracts and right to defend action.
 The failure of a foreign corporation to obtain a certificate of authority to transact business in this state does not impair the validity of a contract or act of the corporation, and does not prevent the corporation from defending an action, suit, or proceeding in a court of this state.
 Sec. 10.06.718. - Activities not constituting transacting business in this state.
 Without excluding other activities that may not constitute transacting business in this state, a foreign corporation is not considered to be transacting business in this state, for the purposes of this chapter, by reason of carrying on in this state any one or more of the following activities:
 (1) maintaining, defending, or settling an action, suit, or administrative or arbitration proceeding, or the settlement of claims or disputes;
 (2) holding meetings of directors or shareholders of the corporation, or carrying on other activities concerning the internal affairs of the corporation;
 (3) maintaining bank accounts;
 (4) maintaining an office or agency for the transfer, exchange, and registration of securities of the corporation, or appointing and maintaining a trustee or depositary for the securities of the corporation;
 (5) making sales through independent contractors;
 (6) soliciting or procuring orders by mail, through employees, agents, or otherwise, if the orders require acceptance outside the state before becoming binding contracts;
 (7) creating, as borrower or lender, or acquiring indebtedness or mortgages or other security interests in real or personal property;
 (8) securing or collecting debts, or enforcing rights in property securing debts;
 (9) transacting business in interstate commerce;
 (10) conducting an isolated transaction completed within a period of 30 days not in the course of a number of repeated transactions of like nature.
 Sec. 10.06.720. - Corporate name of foreign corporation.
 A certificate of authority may not be issued to a foreign corporation unless the corporate name of the corporation
 (1) contains the word "corporation", "company", "incorporated", or "limited", or an abbreviation of one of these words, or, for use in this state, adds at the end of its name one of these words or an abbreviation of one of them;
 (2) does not contain a word or phrase that indicates or implies that it is organized for a purpose other than the purpose contained in its articles of incorporation or that it is authorized or empowered to conduct the business of banking or insurance;
 (3) does not contain the word "city", "borough", or "village" or otherwise imply that the corporation is a municipality, but the name of a city, borough, or village may be used in the corporate name;
 (4) is not the same name as, or deceptively similar to, the name of a domestic corporation existing under the laws of this state or a foreign corporation authorized to transact business in this state, or a name the exclusive right to which is reserved in the manner provided in this title, or the name of a corporation that has in effect a registration of its name as provided in this chapter.
 Sec. 10.06.723. - Assumed corporate name.
 (a) If a foreign corporation applying for a certificate of authority has a name that is impermissible under any provision of AS 10.06.720 , it shall select an assumed name, acceptable under the provisions of AS 10.06.720, under which it elects to do business in this state.
 (b) The commissioner shall maintain records that cross-reference the actual and assumed names of all foreign corporations authorized to transact business in this state.
 Sec. 10.06.725. - Change of name by foreign corporation.
 If a foreign corporation authorized to transact business in this state changes its name to one under which a certificate of authority would not be granted to it, the certificate of authority of the corporation is suspended and it may not transact business in this state until it has changed its name to a name available to it under the laws of this state.
 Sec. 10.06.728. - Application for certificate of authority.
 To receive a certificate of authority to transact business in this state, a foreign corporation shall apply to the commissioner.
 Sec. 10.06.730. - Contents of application.
 The application must set out
 (1) the name of the corporation and the assumed name, if any, or if the name of the corporation does not contain the word "corporation", "company", "incorporated", or "limited" or an abbreviation of one of these words, the name of the corporation with the word or abbreviation that it elects to use in this state; and the state or country under whose laws it is incorporated;
 (2) the date of incorporation and the period of duration of the corporation;
 (3) the address of the principal office of the corporation in the state or country under whose laws it is incorporated;
 (4) the address of the proposed registered office of the corporation in this state, and the name of its proposed registered agent in this state at that address;
 (5) the purpose the corporation proposes to pursue in the transaction of business in this state and the codes from the identification code established under AS 10.06.870 that most closely describe the activities in which the corporation will engage in this state;
 (6) the names and addresses of the directors and officers of the corporation;
 (7) a statement of the aggregate number of shares that the corporation may issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class;
 (8) a statement of the aggregate number of issued shares itemized by classes, par value of shares, shares without par value, and series, if any, within a class;
 (9) a statement expressed in dollars of the amount of stated capital of the corporation;
 (10) an estimate expressed in dollars of the
 (A) value of all property to be owned by the corporation for the following year;
 (B) value of the property of the corporation to be located in this state during the following year;
 (C) gross amount of all business that will be transacted by the corporation during the following year; and
 (D) gross amount of business that will be transacted by the corporation at or from places of business in this state during the following year;
 (11) additional information necessary or appropriate to enable the commissioner to determine whether the corporation is entitled to a certificate of authority and to determine and assess the fees and taxes prescribed in this chapter that are payable;
 (12) the name and address of each alien affiliate, the percentage of outstanding shares controlled by each alien affiliate, and a specific description of the nature of the relationship between the foreign corporation and its alien affiliate; or, a statement that there are no alien affiliates;
 (13) the name and address of each person owning at least five percent of the shares, or five percent of any class of shares, and the percentage of the shares or class of shares owned by that person.
 Sec. 10.06.733. - Execution and filing of application for certificate of authority.
 The application of the corporation for a certificate of authority shall be on forms prescribed and furnished by the commissioner. The application shall be executed by the president or vice-president of the corporation and by its secretary or an assistant secretary. The original application and an exact copy of it shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a certificate of authority.
 Sec. 10.06.735. - Effect of certificate of authority.
 Upon the issuance of a certificate of authority by the commissioner, the corporation may transact business in this state for the purpose set out in its application, subject, however, to the right of this state to suspend or revoke the authority as provided in this chapter.
 Sec. 10.06.738. - Amended certificate of authority.
 (a) A foreign corporation authorized to transact business in this state shall obtain an amended certificate of authority if it changes its corporate name, or desires to pursue in this state other or additional purposes than those set out in its earlier application for a certificate of authority.
 (b) The requirements for the form and contents of an application for an amended certificate of authority, the manner of its execution, the filing of the original application and an exact copy of it with the commissioner, and the issuance and effect of an amended certificate of authority shall be the same as in the case of an original application for a certificate of authority.
 Sec. 10.06.740. - Powers of foreign corporation.
 A foreign corporation that has received a certificate of authority enjoys, until a certificate of revocation or of withdrawal has been issued as provided in this chapter, the same, but no greater, rights and privileges as a domestic corporation organized for the purposes set out in the application under which the certificate of authority is issued and, except as otherwise provided in this chapter, is subject to the duties, restrictions, penalties, and liabilities now or hereafter imposed upon a domestic corporation of like character.
 Sec. 10.06.743. - Revocation of certificate of authority.
 A certificate of authority of a foreign corporation to transact business in this state may be revoked by the commissioner when
 (1) the corporation fails to file its biennial report within the time required by this chapter, or fails to pay fees, corporation taxes, or penalties prescribed in this chapter when they are due and payable;
 (2) the corporation fails to appoint and maintain a registered agent in this state;
 (3) the corporation fails, after change of its registered office or registered agent, to file with the commissioner a statement of the change as required by this chapter;
 (4) the corporation fails to file with the department an amendment to its articles of merger within the time prescribed by this chapter;
 (5) a misrepresentation of a material matter has been made in an application, report, affidavit, or other document submitted under this chapter; or
 (6) the corporation is a party to an illegal combination in restraint of trade.
 Sec. 10.06.745. - Limitations on revocation of certificate of authority.
 The commissioner may not revoke a certificate of authority of a foreign corporation unless the
 (1) commissioner has given the corporation at least 60 days notice by certified mail addressed to its registered office in this state; and
 (2) corporation fails before revocation to file the biennial report, or pay the fees, corporation taxes, or penalties, or file the required statement of change of registered agent or registered office, or file the articles of merger, or correct the misrepresentation.
 Sec. 10.06.748. - Issuance of certificate of revocation.
 Upon revoking a certificate of authority, the commissioner shall
 (1) issue a certificate of revocation in duplicate;
 (2) file one of the certificates in the commissioner's office; and
 (3) mail one of the certificates of revocation to the corporation at its registered office in this state under AS 10.06.753 (1).
 Sec. 10.06.750. - Effect of certificate of revocation.
 Upon the issuance of the certificate of revocation, the authority of the corporation to transact business in this state ceases.
 Sec. 10.06.753. - Registered office and registered agent of foreign corporation.
 A foreign corporation authorized to transact business in this state shall have and continuously maintain in the state a registered
 (1) office that may be, but need not be, the same as its place of business in this state; and
 (2) agent, who may be either an individual resident in this state whose business office is identical to the registered office, or a domestic corporation, or a foreign corporation authorized to transact business in this state, that has a business office identical to the registered office.
 Sec. 10.06.758. - Change of registered office or registered agent of foreign corporation.
 A foreign corporation authorized to transact business in this state may change its registered office or change its registered agent, or both, upon filing with the commissioner a statement setting out
 (1) the name of the corporation;
 (2) the address of its registered office;
 (3) the address of the new registered office if the address of its registered office is to be changed;
 (4) the name of its registered agent;
 (5) the name of its new registered agent if its registered agent is to be changed;
 (6) that the address of its registered office and the address of the business office of its registered agent, as changed, will be identical; and
 (7) that the change is authorized by resolution adopted by the board of directors.
 Sec. 10.06.760. - Filing of statement of change.
 A statement of change under AS 10.06.758 shall be executed by the corporation by its president or a vice-president and delivered to the commissioner. If the commissioner finds that the statement conforms to the provisions of this chapter, the commissioner shall file the statement in the office of the commissioner and, upon the filing, the change of address of the registered office, or the appointment of a new registered agent, or both, as the case may be, becomes effective.
 Sec. 10.06.763. - Service of process on foreign corporation.
 The registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of the corporation upon whom process, notice, or demand required or permitted by law to be served upon the corporation may be served.
 Sec. 10.06.765. - Service on commissioner.
 When a foreign corporation authorized to transact business in this state, or not authorized to transact business in this state but doing so, fails to appoint or maintain a registered agent in this state, or when a registered agent cannot with reasonable diligence be found at the registered office, or when the certificate of authority of a foreign corporation is suspended or revoked, the commissioner is an agent upon whom process, notice, or demand may be served. Service is made upon the commissioner as provided in AS 10.06.175 (b).
 Sec. 10.06.768. - Records kept by commissioner.
 The commissioner shall keep a record of all processes, notices, or demands served upon the commissioner under AS 10.06.765 and shall record the time of service and action taken by the commissioner with reference to the service.
 Sec. 10.06.770. - Procedure not exclusive.
 AS 10.06.763 - 10.06.768 do not limit or affect the right to serve a process, notice, or demand required or permitted by law to be served upon a corporation in any other manner.
 Sec. 10.06.775. - Organic change of foreign corporation.
 If a foreign corporation authorized to transact business in this state is a party to an organic change permitted by the laws of the state or country where it is incorporated, and the corporation is the surviving corporation, it shall, within 30 days after the change becomes effective, file with the commissioner a copy of the articles of merger, consolidation, exchange, or reorganization authenticated by the proper office of the state or country under whose laws the organic change was carried out. It is not necessary for the corporation to obtain a new or amended certificate of authority to transact business in this state unless the name of the corporation is changed or unless the corporation desires to pursue in this state other or additional purposes than those that it is authorized to transact in this state.
 Sec. 10.06.778. - Withdrawal of foreign corporation.
 A foreign corporation authorized to transact business in this state may withdraw from this state upon obtaining from the commissioner a certificate of withdrawal. To obtain a certificate of withdrawal, the foreign corporation shall deliver to the commissioner an application for withdrawal.
 Sec. 10.06.780. - Contents of application for withdrawal.
 An application for withdrawal must set out
 (1) the name of the corporation and the state or country where it is incorporated;
 (2) that the corporation is not transacting business in this state;
 (3) that the corporation surrenders its authority to transact business in this state;
 (4) that the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in an action, suit, or proceeding based upon a cause of action arising in this state during the time the corporation was authorized to transact business in this state may be made on the corporation by service on the commissioner;
 (5) a post office address to which the commissioner may mail a copy of a process against the corporation that may be served on the commissioner;
 (6) a statement of the aggregate number of shares that the corporation may issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class, as of the date of the application;
 (7) a statement of the aggregate number of issued shares, itemized by classes, par value of shares, shares without par value, and series, if any, within a class, as of the date of the application;
 (8) a statement, expressed in dollars, of the amount of stated capital of the corporation, as of the date of the application;
 (9) additional information necessary or appropriate to enable the commissioner to determine and assess unpaid fees or corporate taxes payable as prescribed in this chapter.
 Sec. 10.06.783. - Form of application for withdrawal.
 An application for withdrawal shall be made on forms prescribed and furnished by the commissioner and shall be executed by the corporation by its president or a vice-president and by its secretary or an assistant secretary, or, if the corporation is in the hands of a receiver or trustee, the application shall be executed on behalf of the corporation by the receiver or trustee.
 Sec. 10.06.785. - Filing of application for withdrawal.
 An original and an exact copy of an application for withdrawal shall be delivered to the commissioner for processing according to AS 10.06.910 and for issuance of a certificate of withdrawal.
 Sec. 10.06.788. - Effect of certificate of withdrawal.
 Upon the issuance of a certificate of withdrawal, the authority of a corporation to transact business in this state ceases.
 Sec. 10.06.805. - Biennial report of domestic and foreign corporations.
 A domestic corporation and a foreign corporation authorized to transact business in this state shall file a biennial report within the time prescribed by this chapter.
 Sec. 10.06.808. - Contents of biennial report.
 A biennial report must set out
 (1) the name of the corporation and the state or country where it is incorporated;
 (2) the address of the registered office of the corporation in this state, and the name of its registered agent in this state at that address, and, in the case of a foreign corporation, the address of its principal office in the state or country where it is incorporated;
 (3) a brief statement of the character of the business in which the corporation is engaged in this state and the codes from the identification code established under AS 10.06.870 which most closely describe the activities in which the corporation is engaged in this state;
 (4) the names and addresses of the directors and officers of the corporation;
 (5) a statement of the aggregate number of shares that the corporation has authority to issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class;
 (6) a statement of the aggregate number of issued shares itemized by classes, par value of shares, shares without par value, and series, if any, within a class;
 (7) the name and address of each alien affiliate, the percentage of outstanding shares controlled by each alien affiliate, and a specific description of the nature of the relationship between the corporation and its alien affiliates, or that there is no alien affiliate;
 (8) the name and address of each person owning at least five percent of the shares, or five percent of any class of shares as of September 30 of the second year of the biennial reporting period, and the percentage of the shares or class of shares owned by that person.
 Sec. 10.06.811. - Filing of biennial report.
 (a) A biennial report of a domestic or foreign corporation shall be filed with the department and is due before January 2 of the filing year. A domestic corporation filing articles of incorporation and a foreign corporation receiving a certificate of authority during an even-numbered year must file the biennial report each even-numbered year. A corporation filing with the department during an odd-numbered year must file the biennial report each odd-numbered year. The biennial report is delinquent if not filed before February 1 of each odd or even year as provided in this section. Delinquent returns are subject to the penalty in AS 10.06.815 .
 (b) Proof to the satisfaction of the commissioner that on or before February 1 the report was deposited in the United States mail in a sealed envelope, properly addressed with postage prepaid, is compliance with (a) of this section.
 (c) The commissioner shall file the report if it conforms to the requirements of this chapter. If the commissioner finds that the report does not conform to the requirements of this chapter, the report shall promptly be returned to the corporation for necessary corrections. If the report is corrected to conform to the requirements of this chapter and returned to the commissioner in sufficient time to be filed before April 1 of the year in which it is due, the penalties for failure to file the report within the time provided in AS 10.06.815 do not apply.
 (d) Upon receipt of a form from the commissioner, a domestic or foreign corporation must file a biennial report within six months after original incorporation or authorization to transact business in this state.
 Sec. 10.06.813. - Filing notice of change of officers, directors, five percent shareholders, and alien affiliates.
 (a) In the event of a change of an officer, director, or alien affiliate of a corporation during the first year of the biennial reporting period or a change in a five percent shareholder before September 30 of the first year of the biennial reporting period, the corporation shall file a notice of change amending the biennial report of the corporation before the following January 2.
 (b) The notice shall be filed with the commissioner and shall state the name and current mailing address of each director, officer, five percent shareholder, or alien affiliate not included in the corporation's last filed biennial report, and the name of the person replaced and the office held. The notice shall be signed by the president or vice-president of the corporation.
 Sec. 10.06.815. - Penalty for failure to file biennial report.
 A domestic or foreign corporation that fails or refuses to file a biennial report within the time set by this chapter is subject to a penalty of 10 percent of the amount of the corporation tax assessed against it for the period beginning January 1 of the year for which the report should have been filed. The commissioner shall assess the penalty at the time of the assessment of the corporation tax. If the amount of the corporation tax as originally assessed is adjusted in accordance with this chapter, the amount of the penalty shall also be adjusted to 10 percent of the amount of the adjusted corporation tax. The amount of the corporation tax and the amount of the penalty shall be separately stated in a notice to the corporation.
 Sec. 10.06.818. - Interrogatories by commissioner; judicial proceeding to contest.
 (a) The commissioner may propound to a domestic or foreign corporation and to an officer or director of a domestic or foreign corporation interrogatories reasonably necessary and proper to enable the commissioner to ascertain whether the corporation has complied with the provisions of this chapter.
 (b) Interrogatories shall be propounded by the commissioner or the designee of the commissioner to
 (1) a domestic corporation by complying with AS 10.06.175 ;
 (2) a foreign corporation by complying with AS 10.06.763 ;
 (3) an individual officer or director of a domestic or foreign corporation by mailing by certified mail a copy of the interrogatories addressed to the person at the place of business of the person in this state, or, if the person has no place of business in this state, to the principal office or place of business of the person.
 (c) Interrogatories shall be answered within 30 days or within the additional time fixed by the commissioner or by the superior court. Answers shall be full and complete, in writing and under oath. If the interrogatories are directed to an individual, they shall be answered by that person, and if directed to a corporation they shall be answered by the president, vice-president, secretary, or assistant secretary of the corporation or, in the instance of a foreign corporation, the person or persons functioning as comparable officers in accordance with the laws of the state of incorporation.
 (d) A petition stating good cause to extend the date for answer, to modify or set aside the interrogatories propounded by the commissioner, or to enforce compliance with AS 10.06.820 may be filed in the superior court before the expiration of the 30 days fixed in this section for answer.
 Sec. 10.06.820. - Confidentiality of information disclosed by interrogatories.
 Interrogatories and answers propounded and obtained under AS 10.06.818 are not open to public inspection and the commissioner may not disclose facts or information obtained from the interrogatories except as the official duty of the commissioner requires or unless the interrogatories or the answers are required for evidence in criminal proceedings or other action by the state.
 Sec. 10.06.823. - Failure to answer interrogatories.
 Unless otherwise provided by an order of court issued in response to a petition filed under AS 10.06.818 (d),
 (1) a domestic or foreign corporation and each officer or director of a domestic or foreign corporation that fails or refuses to answer truthfully and fully interrogatories propounded by the commissioner within the time prescribed by AS 10.06.818 (c) is guilty of a class A misdemeanor; and
 (2) the commissioner need not file a document to which the interrogatories relate until the interrogatories are properly answered and need not file a document to which the interrogatories relate if the answers disclose that the document does not conform to the provisions of this chapter.
 Sec. 10.06.825. - Penalties imposed upon officers and directors.
 An officer or director of a domestic or foreign corporation who signs articles, or a statement, report, application, or other document filed with the commissioner that is known to the officer or director to be false in a material respect, is guilty of a class A misdemeanor.
 Sec. 10.06.828. - Incorporation or filing fees.
 A domestic or foreign corporation that is required to file articles of incorporation, an application for a certificate of authority, amendatory articles, or other application with the department, except corporate entities organized under AS 10.20 and corporate entities organized under the laws of the United States or the laws of a state or territory of the United States or the laws of a foreign country for the same purposes as those allowed under AS 10.20, shall pay to the commissioner a filing fee established by the department by regulation. The filing fee shall be uniform and fixed without reference to the amount of authorized shares.
 Sec. 10.06.830. - Fees on appointment or revocation of appointment of process agent or change of agent's address.
 Sec. 10.06.830. Fees on appointment or revocation of appointment of process agent or change of agent's address.
 (a) A foreign corporation filing with the department a certificate of the appointment and consent of an agent residing in this state, or a certificate of revocation of the appointment of a resident agent, shall pay to the commissioner a fee established by the department by regulation.
 (b) For filing a statement of change of address of registered agent under AS 10.06.170 (a) or resignation under AS 10.06.170 (b), the agent shall pay to the commissioner a fee established by the department by regulation.
 Sec. 10.06.833. - Fees and penalties payable on withdrawal of foreign corporation.
 A registered foreign corporation may withdraw from this state upon payment of all biennial corporation taxes and penalties due at the time of desired withdrawal and by filing with the department an application for a certificate of withdrawal signed by its proper officers and under its corporate seal. The fee for filing the application with the commissioner shall be established by the department by regulation.
 Sec. 10.06.835. - Fees on dissolution of domestic corporation.
 A domestic corporation shall pay to the commissioner a fee established by the department by regulation for filing the documents required by this chapter for the dissolution of a domestic corporation.
 Sec. 10.06.838. - Taxes, penalties, and fees on filing certificate of dissolution of foreign corporation.
 If a foreign corporation desires to file a certificate of dissolution from the state of its incorporation, it shall file the certificate, signed by the proper state officer, under seal, upon payment of all biennial corporation taxes and penalties due to this state at the time of dissolution. The filing fee for the certificate of dissolution shall be established by the department by regulation.
 Sec. 10.06.840. - Fees for certified copies of documents.
 The fee for furnishing a certified copy of a document shall be established by the department by regulation.
 Sec. 10.06.843. - Other filing fees.
 (a) The filing fee for a document not otherwise provided in this chapter shall be established by the department by regulation.
 (b) The department may by regulation charge a corporation subject to this chapter a fixed fee in place of the fees specified in this chapter, and for routine administrative services rendered to a corporation by the department.
 (c) Notwithstanding (b) of this section fees required under AS 10.06.140 and AS 10.06.828 are not included in a fixed fee.
 Sec. 10.06.845. - Biennial corporation tax; penalty for nonpayment.
 (a) A domestic corporation and a foreign corporation doing business in this state or having its articles of incorporation on file with the department shall, before January 2 of each filing year, pay to the commissioner a biennial corporation tax as follows: domestic corporation, $100; foreign corporation, $200. A corporation that fails to pay the biennial corporation tax before February 1 of the filing year must pay to the commissioner a penalty of $25 for each year or part of a year of delinquency.
 (b) Proof to the satisfaction of the commissioner that on or before February 1 the tax or report was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, is compliance with (a) of this section.
 (c) Corporate entities organized under AS 10.20 are not required to pay the biennial corporation tax imposed by this section.
 Sec. 10.06.848. - Failure to pay tax or make report as precluding suit by corporation.
 (a) A domestic or foreign corporation may not commence a suit, action, or proceeding in a court in this state without alleging and proving at the time it commences the suit, action, or proceeding that it has paid its biennial corporation tax last due and has filed its biennial report for the last reporting period. A certificate of the payment of the biennial corporation tax and filing of the biennial report is prima facie evidence of the payment of the tax and the filing of the biennial report. The commissioner shall issue the certificate or a duplicate for a fee established by the department by regulation.
 (b) A corporation that is dissolved involuntarily may commence an action under AS 10.06.675 without complying with (a) of this section.
 (c) A foreign or domestic corporation that satisfies (a) of this section but is dissolved after commencing the suit, action, or proceeding may continue to maintain the action after the dissolution.
 Sec. 10.06.850. - Commissioner to institute suits to compel payment.
 The commissioner may institute a suit in the name of the state to enforce the payment of a biennial corporation tax. Corporate entities organized under AS 10.20 and foreign corporations organized under the laws of the United States or the laws of a state or territory of the United States or the laws of a foreign country for the same purposes as those allowed under AS 10.20 are exempt from the payment of the biennial corporation tax.
 Sec. 10.06.853. - Failure to pay tax as evidence of insolvency.
 Failure of a corporation to pay the biennial corporation tax for a period of one year after the date when payment first becomes due is prima facie evidence of the inability of a corporation to meet maturing debts and liabilities that may be shown under AS 10.06.360 by the state, a private person, or a corporation.
 Sec. 10.06.855. - Payments to be made in advance.
 Fees and charges provided for in this chapter, including the biennial corporation tax, shall be paid in advance.
 Sec. 10.06.858. - Accounting for and disposition of taxes and fees paid.
 (a) All fees and taxes paid under this chapter shall be accounted for and deposited in the general fund.
 (b) [Repealed, Sec. 28 ch 90 SLA 1991].
 Sec. 10.06.863. - Appeal from revocation of certificate of authority.
 If the commissioner revokes a certificate of authority of a foreign corporation to transact business in this state under this chapter, the foreign corporation may appeal to the superior court by filing with the clerk of the court a notice of appeal setting out a copy of its certificate of authority and a copy of the notice of revocation given by the commissioner. The matter shall be tried de novo by the superior court, and the court shall either sustain the action of the commissioner or direct the commissioner to take action the court considers proper.
 Sec. 10.06.865. - Cancellation of certificates issued and filings accepted.
 The commissioner may, within one year after a filing, and after written notice to the corporation or individual making the filing, cancel a certificate issued or filing accepted under this chapter, on any ground existing at the time of issuance or filing for which the commissioner could have originally refused to issue the certificate or accept the filing. The notice of cancellation shall state the reason for the cancellation. A corporation or individual may request a hearing before the commissioner within 90 days after receipt of the notice. Cancellation becomes final if the corporation or individual does not request a hearing within 90 days after receipt of notice. Notice of cancellation shall be sent by certified mail with return receipt requested. If the return receipt is not received by the department within a reasonable time and the department has made diligent inquiry as to the address of the corporation, notice may be made by publication in a newspaper of general circulation in the vicinity of the registered office of the corporation or the address of the individual who made the filing, and the cancellation becomes final 60 days after publication of the notice if the person or corporation does not request a hearing.
 Sec. 10.06.868. - Forms to be furnished by the commissioner.
 Reports required by this chapter to be filed with the department or the commissioner shall be on forms prescribed and furnished by the commissioner. Forms for other documents to be filed in the office of the department or the commissioner shall be furnished by the commissioner on request, but the use of those forms, unless required in this chapter, is not mandatory.
 Sec. 10.06.870. - Identification code.
 The commissioner shall establish and adopt a coded list of business activities and shall make the list available to the public.
 Sec. 10.06.905. - Voting of shares; quorum; status of disqualified shares.
 (a) If the articles of incorporation provide for more or less than one vote for a share on a matter, a reference in this chapter to a majority or other proportion of shares means a majority or other proportion of the votes entitled to be cast on that matter. If shares are disqualified from voting on a matter, they may not be considered outstanding for the determination of a quorum at a meeting to act upon or for the required vote to approve action upon that matter.
 (b) A requirement in this chapter for a vote of each class of outstanding shares means a vote regardless of limitations or restrictions upon the voting rights of that class, unless expressly limited to voting shares.
 Sec. 10.06.910. - Processing of writings filed with the commissioner.
 If a writing delivered to the commissioner for filing conforms to law and all fees and corporation taxes prescribed in this chapter have been paid, the commissioner shall
 (1) endorse on each original and an exact copy the word "filed" and the date of the filing;
 (2) file the exact copy in the commissioner's office;
 (3) return the original of the writing, together with any writing issued by the commissioner attached to the original, to the corporation or its representative.
 Sec. 10.06.915. - Disapproval of writing by commissioner; appeal.
 If the commissioner fails to approve articles of incorporation, amendment, merger, consolidation, exchange or dissolution, or any other document required by this chapter to be approved by the commissioner, the commissioner shall, within 10 days after the delivery of the document to the commissioner, give written notice of disapproval to the person or domestic or foreign corporation, delivering the document, and specifying the reasons for disapproval. The person or corporation may appeal from the disapproval to the superior court by filing with the clerk of the court a notice of appeal setting out a copy of the document sought to be filed and a copy of the written disapproval. The matter shall be tried de novo by the superior court, which shall either sustain the action of the commissioner or direct the commissioner to take action the court considers proper.
 Sec. 10.06.920. - Writings; corrections.
 A writing relating to a corporation filed by the commissioner under this chapter may be corrected if it contains an error apparent on the face or defect in the execution of the writing, including the deletion of a matter not permitted to be stated in the writing. A certificate, entitled "Certificate of Correction of . . . (correct title of writing and name of corporation)", shall be signed in the same manner as the original writing and shall be delivered to the commissioner. The certificate shall set out the name of the corporation, the date the writing to be corrected was filed by the commissioner, the provision in the writing corrected or eliminated, and, if the execution was defective, the proper execution. The filing of the certificate by the commissioner does not alter the effective time of the writing being corrected and does not affect any right or liability accrued or incurred before the filing. A corporate name may not be changed or corrected under this section.
 Sec. 10.06.925. - Writings as evidence.
 (a) A writing filed by the commissioner relating to a corporation and containing statements of fact required or permitted by law and a certification by the commissioner of the absence of a filing shall be received in all courts, public offices, and official bodies as prima facie evidence of these facts and of the execution of the writing.
 (b) If under the laws of a jurisdiction other than this state a writing by an officer in that jurisdiction or a copy of a writing certified or exemplified by the officer, may be received as prima facie evidence of the incorporation, existence, or capacity of any foreign corporation incorporated in that jurisdiction, the writing when exemplified shall be received by all courts, public offices, and official bodies of this state as prima facie evidence with the same force as in another jurisdiction. The writing or certified copy of the writing shall be received without being exemplified if it is certified by the secretary of state or official performing the equivalent function as to corporate records of that jurisdiction.
 Sec. 10.06.930. - Corporate seal as evidence.
 The presence of a corporate seal on a writing purporting to be executed by authority of a corporation shall be prima facie evidence that the writing was executed with the authority of the corporation.
 Sec. 10.06.935. - Waiver of notice.
 If notice is required to be given to a shareholder or director of a corporation under the provisions of this chapter or under the provisions of the articles or bylaws of the corporation, a waiver of the notice in writing signed by the person entitled to notice, whether before or after the time stated for notice, is equivalent to the giving of notice.
 Sec. 10.06.950. - Powers of commissioner.
 The commissioner has the power and authority reasonably necessary to enable the commissioner to administer this chapter and to perform the duties imposed upon the commissioner by this chapter.
 Sec. 10.06.953. - Regulations.
 To the extent provided by explicit reference in this chapter, the department shall adopt regulations referred to in this chapter in accordance with the Administrative Procedure Act (AS 44.62).
 Sec. 10.06.955. - Application to existing corporations.
 (a) This chapter applies to a domestic corporation organized under former AS 10.05 (the Alaska Business Corporation Act), and to the extent provided in AS 10.06.010 , 10.06.020, 10.06.233, 10.06.433(g), 10.06.435, 10.06.450(d), and 10.06.705 - 10.06.870 to a foreign corporation authorized to do or doing business in this state.
 (b) The existence of a corporation formed or existing on the date of enactment of this chapter is not affected by the enactment of this chapter or by any change in the requirements for the formation of corporations.
 Sec. 10.06.958. - Provisions construed as restatements and continuations.
 If a provision of this chapter is substantially the same as a statutory provision in former AS 10.05 existing on the effective date of this chapter, it shall be construed as a restatement and continuation, and not as a new enactment.
 Sec. 10.06.960. - Corporations organized under Alaska Native Claims Settlement Act.
 (a) A corporation organized under 43 U.S.C. 1601 - 1629e as amended (Alaska Native Claims Settlement Act) shall be incorporated under and is subject to this chapter except
 (1) each corporation shall issue without further consideration the number of shares of common stock that may be necessary to comply with the requirements of the act and all stock so issued is considered fully paid and nonassessable when issued;
 (2) unless otherwise provided in the articles of incorporation, the capital
 (A) is considered the consideration for the initial issuance of shares; and
 (B) of a corporation organized under the act includes the
 (i) land or interests in it conveyed to the corporation by the United States under the act, except that which is required to be conveyed under 43 U.S.C. 1613(c)(1), (3), and (4), entered at its fair value to the corporation upon receiving the conveyance of it; and
 (ii) money, when received under 43 U.S.C. 1605 and 43 U.S.C. 1608, that is retained by the corporation and that is not immediately distributed or required to be distributed under 43 U.S.C. 1606(j).
 (b) Notwithstanding the provision of AS 10.06.305 - 10.06.390, payment from the money of a corporation organized under the act that is required by the language of the act to be distributed to shareholders or to other corporations so organized is not a distribution to its shareholders as defined in AS 10.06.990 .
 (c) Notwithstanding the provisions of AS 10.06.546 , a plan of merger, consolidation, or exchange in which each participating corporation either (1) was organized under the act, within the same one of the 12 regions of Alaska established under the act, or (2) resulted from the prior merger, consolidation, or exchange of other similarly organized corporations within the same region, is approved if it receives the affirmative vote of the holders of at least a majority of the outstanding shares of each corporation. If a class of shares of a corporation specified in this subsection is entitled to vote as a class, the plan of merger, consolidation, or exchange is approved if it receives the affirmative vote of the holders of at least a majority of the outstanding shares of each class of shares entitled to vote as a class and of the total outstanding shares. Notwithstanding AS 10.06.574 - 10.06.582, a plan of merger, consolidation, or exchange approved under this section before December 19, 1991, may not include a right of shareholders to dissent.
 (d) [Repealed, Sec. 21 ch 6 SLA 1993].
 (e) Notwithstanding the provision of AS 10.06.502 - 10.06.510, a corporation organized under the act may amend its articles by a vote of the board of directors in order for the corporation to comply with the mandatory requirements of the act.
 (f) Notwithstanding the other provisions of this chapter, a corporation organized under the act is governed by the act to the extent the act is inconsistent with this chapter, and the corporation may take any action, including amendment of its articles, authorized by the act, and the action is considered to be approved and adopted if approved under the act. An amendment approved under the act and delivered to the commissioner under AS 10.06.512 shall be filed by the commissioner under AS 10.06.910 , and a certificate of amendment shall be issued.
 (g) Notwithstanding AS 10.06.358 , if there are no retained earnings, the directors of a corporation organized under the act may declare and pay distributions in cash or property out of its net profits for the fiscal year in which the distribution is declared and for the preceding fiscal year, except when the corporation is insolvent under AS 10.06.360. For the purposes of this subsection, a corporation's debts include the amounts it is required to distribute under 43 U.S.C. 1606(i) and 43 U.S.C. 1606(j). The directors may determine the net profits derived from the exploitation or liquidation of wasting assets without consideration of the depletion of those assets resulting from lapse of time, consumption, liquidation, or exploitation, of the assets, and a distribution declared from those net profits shall be described, concurrently with distribution of the net profits to shareholders, as a distribution from wasting assets without consideration of the depletion of the assets. In this subsection, "wasting assets" means timber resources and subsurface estates.
 (h) Notwithstanding AS 10.06.358 , the directors of a corporation organized under the act may, from time to time, distribute to its shareholders in partial liquidation a portion of the corporation's assets out of capital, in cash or property, except that a distribution
 (1) may not be made at a time when the corporation is insolvent under AS 10.06.360 ;
 (2) may not be made unless the articles of incorporation authorize the board to make the distribution or the distribution is authorized by the affirmative vote of the holders of at least two-thirds of the outstanding shares;
 (3) when made, shall be identified as a distribution in partial liquidation and the amount per share shall be disclosed to the shareholders concurrently with the distribution.
 (i) Notwithstanding AS 10.06.633 (e), a corporation that is organized as a Native corporation under the act, that has been involuntarily dissolved by the commissioner under AS 10.06.633 , and that has failed to apply for reinstatement during the period established under AS 10.06.633(e), may be reinstated under AS 10.06.633 (e) within one year of June 29, 1994. The reinstated corporation and its shareholders have all of the rights, privileges, liabilities, and obligations that would have applied to them if the corporation had not been dissolved, and all corporate and shareholder actions taken during the period of dissolution are considered to be as valid as if dissolution had not occurred.
 (j) If a corporation is formed before June 29, 1994 to replace a Native corporation that has been involuntarily dissolved under AS 10.06.633, and if the replacing corporation has the same name as the dissolved corporation, the replacing corporation and its shareholders succeed, upon payment of any amounts that would have been required for the reinstatement of the dissolved corporation under AS 10.06.633 (e), to all of the rights, privileges, liabilities, and obligations that would have applied to the dissolved corporation and its shareholders if the dissolved corporation had been reinstated under AS 10.06.633 (e).
 (k) Notwithstanding (i) of this section and AS 10.06.633 (e), a corporation that is organized as a Native village corporation under the act, that has been involuntarily dissolved by the commissioner under AS 10.06.633, and that has failed to apply for reinstatement during the period established under AS 10.06.633 (e) may be reinstated under AS 10.06.633(e) on or before December 31, 1998. The reinstated corporation and its shareholders have all of the rights, privileges, liabilities, and obligations that would have applied to them if the corporation had not been dissolved, and all corporate and shareholder actions taken during the period of dissolution are considered to be as valid as if dissolution had not occurred. If a corporation elects to reinstate under this subsection and if the corporation's previously used corporate name is no longer available for use by the corporation, then, notwithstanding AS 10.06.502 - 10.06.510, an amendment to the articles of incorporation changing the previously used corporate name may be adopted by action of the corporation's board of directors alone.
 (l) [Renumbered as AS 10.06.504 (d)].
 (m) [Renumbered as AS 10.06.504 (e)].
 (n) Notwithstanding AS 10.06.504 (d), an amendment to the articles of incorporation of a corporation organized under 43 U.S.C. 1601 - 1628 (Alaska Native Claims Settlement Act) and incorporated under former AS 10.05.005 to add a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages under AS 10.06.210 (1)(N) may be adopted by the affirmative vote of a majority of the shares represented at the regular or special meeting at which a quorum is present in person or by proxy.
 (o) Notwithstanding AS 10.06.455 (b) and 10.06.504(d), an amendment to the articles of incorporation of a village corporation organized under 43 U.S.C. 1601 - 1629e (Alaska Native Claims Settlement Act) and incorporated under former AS 10.05.005 to add a provision authorizing the classification of directors under AS 10.06.455 may be adopted by the affirmative vote of a majority of the shares represented at a regular or special meeting at which a quorum is present in person or by proxy.
 (p) In this section,
 (1) "act" means 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement Act);
 (2) "Native corporation" has the meaning given in 43 U.S.C. 1602(m).
 Sec. 10.06.961. - Distributions by native corporations to minors in the custody of a state.
 (a) Notwithstanding AS 13.46.085 or the appointment of a guardian of the property of the child under AS 47.10.010 , when a child who is in the custody of this state under AS 47.10 or a minor who is in the custody of this state under AS 47.12 or of another state under a provision similar to AS 47.10 or AS 47.12 becomes entitled to receive dividends or other distributions resulting from the ownership of stock or a membership in a corporation organized under this chapter and under 43 U.S.C. 1601 - 1641 (Alaska Native Claims Settlement Act), the corporation paying the dividends or making the other distributions shall retain the dividends and other distributions in an interest bearing account for the benefit of the child or minor during the state custody.
 (b) The corporation may not spend, obligate, or otherwise use the property held in an account established under (a) of this section unless the use is approved by a court.
 (c) Upon presentation of proof of entitlement by the person entitled to distribution, the corporation shall distribute the property remaining in an account established under (a) of this section to the
 (1) minor when the minor reaches the age of 18 years, whether or not the minor is still in the state custody;
 (2) legal guardian of the minor, when the state custody terminates while the minor is less than 18 years of age;
 (3) minor's heirs if the minor dies before the distribution.
 (d) The retention and distribution of dividends and distributions under this section is not subject to AS 13.46.
 (e) In this section, "minor" means a person under 18 years of age.
 Sec. 10.06.963. - Severability.
 If a provision of this chapter is held invalid, the invalidity does not affect other provisions of this chapter that can be given effect without the invalid provision.
 Sec. 10.06.965. - Reservation of power.
 The legislature reserves the right to alter, amend, suspend, or repeal in whole or in part this chapter at pleasure, or a certificate of incorporation or the authority to do business in this state, of a domestic or foreign corporation, whether or not existing or authorized on the effective date of this chapter.
 Sec. 10.06.968. - Signature.
 "Signature" includes a mark when the signer cannot write. The signer's name shall be written near the mark by a witness who shall write the witness' own name near the signer's name. A signature by mark can be acknowledged or can serve as a signature to a sworn statement.
 Sec. 10.06.970. - Rules of construction and interpretation.
 Unless a provision or the context otherwise requires, the following general provisions and rules of construction govern this chapter:
 (1) title, chapter, article, and section headings do not affect the scope, meaning, or intent of the provisions of this chapter;
 (2) when, by the provisions of this chapter, a power is granted to, or a duty imposed upon, a public officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized, under law, by the officer, unless this chapter expressly provides otherwise;
 (3) when a notice, report, statement, or record is required or authorized by this chapter, it shall be made in writing in a manner reasonably calculated to communicate the notice, report, statement, or record to the recipient;
 (4) a reference in this chapter to mailing means first-class mail, postage prepaid, unless certified mail is specified; certified mail includes registered mail;
 (5) subject to a specific accounting treatment required by a particular section of this chapter,
 (A) references in this chapter to financial statements, balance sheets, income statements, and statements of changes in financial position of a corporation and references to assets, liabilities, earnings, retained earnings, and similar accounting items of a corporation mean financial statements or items prepared fairly and reasonably to present the purported matters;
 (B) financial statements prepared or determined in accordance with generally accepted accounting principles then applicable are fair and reasonable;
 (C) references in this chapter to financial statements mean, in the case of a corporation that has subsidiaries, consolidated statements of the corporation and its subsidiaries, and all references to accounting items mean items determined on a consolidated basis in accordance with consolidated financial statements;
 (6) a reference in this chapter to the time a notice is given or sent means, unless otherwise expressly provided, the time a written notice by mail is deposited in the United States mail, postage prepaid; or the time any other written notice is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by electronic means to the recipient by the person giving the notice; or the time an oral notice is communicated in person or by electronic means to the recipient or to a person at the office of the recipient whom the person giving the notice has reason to believe will promptly communicate it to the recipient;
 (7) when reference is made to any portion of this chapter or of any other law of this state, the reference applies to all amendments and additions;
 (8) "shall" is mandatory, "may" is permissive, and "may not" is prohibitory.
 Sec. 10.06.990. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "acknowledged" means that a document is accompanied by a certificate of its acknowledgment as provided in AS 09.63.010 - 09.63.130;
 (2) "affiliate" means a person that directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, a corporation subject to this chapter;
 (3) "alien" means
 (A) an individual who is not a citizen or national of the United States, or who is not lawfully admitted to the United States for permanent residence, or paroled into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 - 1525, as amended);
 (B) a person, other than an individual, that was not created or organized under the laws of the United States or of a state, or whose principal place of business is not located in any state; or
 (C) a person, other than an individual, that was created or organized under the laws of the United States or of a state, or whose principal place of business is located in a state, and that is controlled by a person described in (A) or (B) of this paragraph;
 (4) "approved by the board" or "approval of the board" means approved or ratified by the vote of the board or by the vote of a committee authorized to exercise the powers of the board, except as to matters not within the competence of the committee under AS 10.06.468 ;
 (5) "approved by the outstanding shares" or "approval of the outstanding shares" means approved by the affirmative vote of a majority of the outstanding shares entitled to vote; this approval includes the affirmative vote of a majority of the outstanding shares of each class or series entitled by the articles of incorporation or this chapter to vote as a class or series on the subject matter and also includes the affirmative vote of a greater proportion, including all, of the outstanding shares of a class or series if a greater proportion is required by the articles or this chapter;
 (6) "approved by the shareholders" or "approval of the shareholders" means approved or ratified by the affirmative vote of a majority of the shares entitled to vote represented at a duly held meeting at which a quorum is present or by the written consent of shareholders (AS 10.06.423) or by the affirmative vote or written consent of a greater proportion, including all, of the shares of a class or series if a greater proportion is required by the articles of incorporation or this chapter for all or any specified shareholder action;
 (7) "articles" or "articles of incorporation" means the original or restated articles of incorporation and all amendments and includes articles of merger;
 (8) "authorized shares" means the shares of all classes that the corporation may issue;
 (9) "board" means the board of directors of a domestic or foreign corporation;
 (10) "commissioner" means the commissioner of commerce and economic development or a designee of the commissioner;
 (11) "common shares" means shares that have no preference over other shares with respect to distribution of assets on liquidation or with respect to payment of dividends;
 (12) "control" means
 (A) owning directly or indirectly, or having the power to vote, 25 percent or more of a class of voting securities of a corporation subject to this chapter; or
 (B) influencing or affecting in any substantive manner the election of a majority of the directors or trustees of a corporation subject to this chapter;
 (13) "corporation" or "domestic corporation" means a corporation for profit subject to the provisions of this chapter, but does not include a foreign corporation or a national bank;
 (14) "corporation tax" means the biennial corporation tax imposed under Alaska law on corporations;
 (15) "department" means the Department of Commerce and Economic Development;
 (16) "director" means a natural person designated in the articles of incorporation or elected by the incorporators as a director and includes a natural person and successor of that person designated, elected, or appointed by any other name or title to act as a director;
 (17) "distribution to its shareholders" means the transfer of cash or property by a corporation or its subsidiary to its shareholders without consideration, whether by way of dividend or otherwise, except a dividend in shares of the corporation, or the purchase or redemption of its shares for cash or property; the time of a distribution of a dividend is the date of the declaration of the dividend and the time of a distribution by purchase or redemption of shares is the date cash or property is transferred by the corporation, whether or not under a contract of an earlier date; however, if a negotiable debt security is issued in exchange for shares, the time of the distribution is the date when the corporation acquires the shares in the exchange; in the case of a sinking fund payment, cash or property is transferred within the meaning of this paragraph at the time that it is delivered to a trustee for the holders of preferred shares to be used for the redemption of those shares or physically segregated by the corporation in trust for that purpose;
 (18) "entire board" means the total number of directors that the corporation has if there are no vacancies;
 (19) "filed", unless otherwise expressly provided, means filed in the office of the commissioner;
 (20) "five percent shareholder" means a person owning at least five percent of the shares or five percent of any class of shares of a corporation;
 (21) "foreign corporation" means a corporation for profit organized under laws other than the laws of Alaska for a purpose for which a corporation may be organized under this chapter;
 (22) "independent accountant" means a certified public accountant or a public accountant who is independent of the corporation as determined in accordance with generally accepted auditing standards and who is engaged to audit financial statements of the corporation or perform other accounting services;
 (23) "liquidation price" or "liquidation preference" means amounts payable for shares of a class upon voluntary or involuntary dissolution, winding up or distribution of the entire assets of the corporation, including any cumulative dividends accrued and unpaid, in priority to shares of another class or classes;
 (24) "net assets" means the amount by which the total assets of a corporation exceed the total debts of the corporation;
 (25) "oath" includes affirmation.
 (26) "officers' certificate" means a certificate signed by the chair of the board, the president or a vice-president and by the secretary, the treasurer, or an assistant secretary or assistant treasurer;
 (27) "on the certificate" means that a statement appears on the face of a share certificate or on the reverse of the certificate with a reference to the statement on the face;
 (28) "organic change" means a merger, consolidation, share exchange, or sale of assets other than in the regular course of business;
 (29) "parent" or "parent corporation" means an affiliate controlling a specified corporation directly or indirectly through one or more intermediaries;
 (30) "paid-in capital" means the consideration actually received by a corporation for issuance of its shares, plus any additional amount capitalized by its board under AS 10.06.390 ;
 (31) "person" means an individual, a corporation, a partnership, an association, a joint-stock company, an estate, a trust if the interests of the beneficiaries are evidenced by a security, an unincorporated association, a government, a political subdivision of a government, or a combination of these entities;
 (32) "preferred shares" means shares other than common shares;
 (33) "proxy" means a written authorization signed by a shareholder or the shareholder's attorney-in-fact giving another person power to vote with respect to the shares of the shareholder; "signed" for the purpose of this paragraph means the placing of the shareholder's name on the proxy by manual signature by the shareholder or the shareholder's attorney-in-fact;
 (34) "proxy holder" means the person to whom a proxy is given;
 (35) "redemption price" means the amount in cash, property or securities, or any combination of these, payable on shares of any class or series upon the redemption of the shares; unless otherwise expressly provided, the redemption price is payable in cash;
 (36) "retained earnings" means the account of the corporation representing undistributed and uncapitalized net profits, income, gains, and losses from the date of incorporation;
 (37) "series of shares" means those shares within a class that have the same rights, preferences, privileges, and restrictions but that differ in one or more rights, preferences, privileges, or restrictions from other shares within the same class;
 (38) "shareholder" means a holder of record of a share in a corporation;
 (39) "shares" means the units into which the proprietary interests in a corporation are divided;
 (40) "state" means any of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, or any other territory or possession of the United States;
 (41) "subscriber" means one who subscribes for a share in a corporation before or after incorporation;
 (42) "subsidiary" of a specified corporation means a corporation in which the specified corporation owns more than 50 percent of the voting power directly or indirectly through one or more other subsidiaries of the specified corporation;
 (43) "surviving corporation" means a corporation into which one or more other corporations are merged;
 (44) "vacancy" when used with respect to the board means any authorized position of director that is not then filled by a duly elected director, whether caused by death, resignation, removal, change in the authorized number of directors, or otherwise;
 (45) "verified" means that a document has been certified to be true as provided in AS 09.63.040 ;
 (46) "vote" includes authorization by written consent subject to the provisions of AS 10.06.423 and 10.06.475;
 (47) "voting power" means the power to vote for the election of directors at the time a determination of voting power is made and does not include the right to vote upon the happening of a condition or event that has not yet occurred; when different classes of shares are entitled to vote as separate classes for different members of the board, the determination of percentage of voting power shall be made on the basis of the percentage of the total number of authorized directors that the shares in question have the power to elect in an election at which all shares then entitled to vote for the election of any directors are voted;
 (48) "writing" includes any form of recorded message capable of comprehension by ordinary visual means.
 Sec. 10.06.995. - Short title.
 This chapter may be cited as the Alaska Corporations Code.
 Chapter 10.10. - BUSINESS AND INDUSTRIAL DEVELOPMENT CORPORATION ACT
 Sec. 10.10.010. - Incorporators.
 Three or more persons, who are residents of this state, who desire to create an industrial development corporation under this chapter for the purpose of promoting, developing, and advancing the prosperity and economic welfare of the state and, to that end, to exercise the powers and privileges provided in this chapter, may be incorporated by filing articles of incorporation in the office of the commissioner as provided in this chapter.
 Sec. 10.10.020. - Assistance of commissioner.
 The commissioner shall assist the incorporators in forming the corporation and shall meet with and advise the corporation's board of directors.
 Sec. 10.10.030. - Articles of incorporation.
 (a) The articles of incorporation must contain:
 (1) the name of the corporation, which must include the words "Industrial Development Corporation of the State of Alaska";
 (2) the location of the principal office of the corporation, but the corporation may have offices in other places in the state fixed by the board of directors;
 (3) the purposes for which the corporation is organized, which must be to promote, stimulate, develop, and advance the business prosperity and economic welfare of this state and its citizens; to encourage and assist through loans, investments or other business transactions in the location of new business and industry in this state and to rehabilitate and assist existing business and industry; to stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of this state, provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of this state; to cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, commercial, agricultural, and recreational developments in this state; and to provide financing for the promotion, development, and conduct of all kinds of business activity in this state;
 (4) the names and post office addresses of the members of the first board of directors, who, unless otherwise provided by the articles of incorporation or the bylaws, shall hold office for the first year of existence of the corporation or until their successors are elected and have qualified;
 (5) any provision which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation; any provision creating, dividing, limiting, and regulating the powers of the corporation, the directors, stockholders or any class of the stockholders, including, but not limited to a list of the officers; and any provision governing the issuance of stock certificates to replace lost or destroyed certificates;
 (6) the amount of authorized capital stock and the number of shares into which it is divided, the par value of each share and the amount of capital with which it will commence business and, if there is more than one class of stock, a description of the different classes; the names and post office addresses of the subscribers of stock and the number of shares subscribed by each; the aggregate of the subscription shall be the minimum amount of capital with which the corporation shall commence business and may not be less than $1,000.
 (b) The articles of incorporation shall be in writing subscribed by not fewer than three natural persons competent to contract and acknowledged by each of the subscribers before an officer authorized to take acknowledgments and filed in duplicate originals in the office of the commissioner for approval.
 (c) The commissioner may not approve articles of incorporation for a corporation organized under this chapter until a total of at least seven financial institutions authorized to do business within this state have agreed in writing to become members of the corporation, and the agreement in writing is filed with the commissioner together with the articles of incorporation. When the articles of incorporation have been filed in the office of the commissioner and approved, the commissioner shall
 (1) endorse on each duplicate original the word "filed," and the date of the filing;
 (2) file one duplicate original in the commissioner's office;
 (3) issue a certificate of incorporation and affix the other duplicate original to it;
 (4) return to the incorporators or their representative the certificate of incorporation, together with the duplicate original of the articles of incorporation affixed.
 (d) Upon the issuance of the certificate of incorporation, the corporate existence begins. The certificate of incorporation is conclusive evidence that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated.
 Sec. 10.10.040. - General powers.
 In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by AS 10.06.010 , the corporation shall, subject to the restrictions and limitations contained in this chapter have the following powers:
 (1) to elect, appoint, and employ officers, agents, and employees; to make contracts and incur liabilities for a purpose of the corporation, except that the corporation may not incur a secondary liability by way of guaranty or endorsement of the obligations of a person, firm, corporation, joint-stock company, association or trust, or in another manner;
 (2) to borrow money from its members and the Small Business Administration and any other federal agency for a purpose of the corporation; to issue for those purposes its bonds, debentures, notes or other evidences of indebtedness, whether secured or unsecured, and to secure them by mortgage, pledge, deed of trust or other lien on its property, franchises, rights, and privileges of every kind and nature, or a part of them or interest in them, without securing stockholder or member approval;
 (3) to make loans to a person, firm, corporation, joint-stock company, association or trust, and to establish and regulate the terms and conditions with respect to the loans and the charges for interest and service connected with them, except that the corporation may not approve an application for a loan unless and until the person applying for the loan shows that the applicant has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution;
 (4) to purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, transfer, lease, or otherwise dispose of real and personal property, together with the rights and privileges that are incidental and appurtenant to the property and the use of it, including real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations;
 (5) to acquire the good will, business, rights, real and personal property and other assets, or a part of them, or interest in them, of any persons, firms, corporations, joint-stock companies, associations or trusts, and to assume, undertake, or pay the obligations, debts, and liabilities of the person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments thereon or for the purpose of disposing of the real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants or business establishments;
 (6) to acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes, or other securities and evidences of interest in, or indebtedness of any person, firm, corporation, joint-stock company, association or trust, and while the owner or holder of them to exercise all the rights, powers, and privileges of ownership, including the right to vote on them;
 (7) to mortgage, pledge, or otherwise encumber any property, right or thing of value, acquired under the powers contained in (4), (5), and (6) of this section as security for the payment of a part of the purchase price of them;
 (8) to cooperate with and avail itself of the facilities of the United States Department of Commerce, the state Department of Commerce and Economic Development, and any other state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance, and development of the business prosperity and economic welfare of the communities or of the state or of a part of the state;
 (9) to do whatever is necessary or convenient to carry out the powers expressly granted in this chapter.
 Sec. 10.10.050. - Authorization of members.
 (a) Notwithstanding any rule at common law or provision of a general or special law or provision in their respective charters, agreements of association, articles of organization, or trust indentures:
 (1) a natural person, domestic corporation, foreign corporation authorized to transact business in the state, insurance company, or a financial institution which becomes a member of the corporation, may acquire, purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of shares of the capital stock of the corporation or bonds, securities or other evidence of indebtedness created by the corporation; and while the owner of shares of capital stock of the corporation may exercise all the rights, powers and privileges of ownership, all without the approval of any regulatory authority of the state except as otherwise provided in this chapter; the amount of capital stock of the corporation which may be acquired by a member may not exceed 10 per cent of the loan limit of the member;
 (2) a financial institution may become a member of the corporation and make loans to the corporation as provided in this chapter.
 (b) The amount of capital stock of the corporation which a member may acquire under the authority granted in this section is in addition to the amount of capital stock in corporations which the member may otherwise be authorized to acquire.
 Sec. 10.10.060. - Admission to membership.
 A financial institution may request membership in the corporation by making application to the board of directors on the form and in the manner the board of directors require, and membership becomes effective upon acceptance of the application by the board.
 Sec. 10.10.070. - Loans by members.
 (a) Each member of the corporation shall make loans to the corporation when called upon by it to do so on the terms and other conditions approved from time to time by the board of directors, subject to the following conditions:
 (1) all loans limits shall be established at the thousand dollar amount nearest to the amount computed under this subsection;
 (2) a loan to the corporation may not be made if immediately thereafter the total amount of the obligations of the corporation would exceed 10 times the amount then paid in on the outstanding capital stock of the corporation;
 (3) the total amount outstanding on the loans to the corporation made by any member at any one time, when added to the amount of the investment in the capital stock of the corporation then held by the member, may not exceed
 (A) 20 per cent of the total amount then outstanding on loans to the corporation by all members, including in the total amount outstanding amounts validly called for loan but not yet loaned;
 (B) the following limit, to be determined as of the time the member becomes a member on the basis of the audited balance sheet of the member at the close of its fiscal year immediately preceding its application for membership, or in the case of an insurance company, its last annual statement to the state insurance commissioner: two and one-half per cent of the capital and surplus of a commercial bank or trust company; one-half of one per cent of the total outstanding loans made by a savings and loan association or building and loan association; two and one-half per cent of the capital and unassigned surplus of a stock insurance company, except a fire insurance company; two and one-half per cent of the unassigned surplus of a mutual insurance company, except a fire insurance company; two and one-half per cent of the unassigned surplus of a mutual insurance company, except a fire insurance company; one-tenth of one per cent of the assets of a fire insurance company; and such limits as may be approved by the board of directors of the corporation for other financial institutions;
 (4) subject to (3)(A) of this subsection, each call made by the corporation shall be prorated among the members of the corporation in substantially the same proportion that the adjusted loan limit of each member bears to the aggregate of the adjusted loan limits of all members; the adjusted loan limit of a member shall be the amount of the member's loan limit, reduced by the balance of outstanding loans made by the member to the corporation and the investment in capital stock of the corporation held by the member at the time of the call;
 (5) all loans to the corporation by members shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times, and which shall bear interest at a rate of not less than one-quarter of one per cent in excess of the rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans; the prime rate of interest is defined in this chapter as the rate of interest normally paid by banks or lending institutions.
 (b) A member may not be obligated to make loans to the corporation pursuant to calls made after notice of the intended withdrawal of the member.
 Sec. 10.10.080. - Duration of membership.
 Membership in the corporation is for the duration of the corporation, but upon written notice given to the corporation five years in advance, a member may withdraw from membership in the corporation at the expiration date of the notice.
 Sec. 10.10.090. - Powers of stockholders and members.
 The stockholders and the members of the corporation have the following powers of the corporation:
 (1) to determine the number of and elect directors as provided in AS 10.10.120;
 (2) to make, amend, and repeal bylaws;
 (3) to amend this charter as provided in AS 10.10.110 ;
 (4) to dissolve the corporation as provided in AS 10.10.180 ;
 (5) to do all things necessary or desirable to secure aid, assistance loans and other financing from any financial institutions, and from any agency established under 15 U.S.C. 661 - 697 (Small Business Investment Act of 1958), or other similar federal laws now or hereafter enacted;
 (6) to exercise other of the powers of the corporation consistent with this chapter which may be conferred on the stockholders and the members by the bylaws.
 Sec. 10.10.100. - Voting by members and stockholders.
 (a) On all matters requiring action by the stockholders and the members of the corporation, the stockholders and members shall vote separately by classes, and except as otherwise provided in this chapter, these matters require the affirmative vote of a majority of the votes to which the stockholders present or represented at the meeting are entitled and the affirmative vote of a majority of the votes to which the members present or represented at the meeting are entitled.
 (b) Each stockholder shall have one vote, in person or by proxy, for each share of capital stock held by that stockholder, and each member shall have one vote, in person or by proxy, except that a member having a loan limit of more than $1,000 shall have one additional vote, in person or by proxy, for each additional $1,000 which the member is authorized to have outstanding on loans to the corporation at any one time as determined under AS 10.10.070 (a)(3)(B).
 Sec. 10.10.110. - Amendment of articles.
 (a) The articles of incorporation may be amended by the vote of the stockholders and the members of the corporation, voting separately by classes. Amendments must be approved by the affirmative vote of two-thirds of the votes to which the stockholders are entitled and two-thirds of the votes to which the members are entitled. An amendment of the articles of incorporation may not be made which is inconsistent with the general purposes expressed in this chapter or which authorizes an additional class of capital stock to be issued, or which eliminates or curtails the right of the commissioner of administration to examine the corporation or the obligation of the corporation to make reports as provided in AS 10.10.150 . An amendment of the articles of incorporation which increases the obligation of a member to make loans to the corporation, or makes a change in the principal amount, interest rate, maturity date, or in the security or credit position of an outstanding loan of a member to the corporation, or affects a member's right to withdraw from membership as provided in this chapter, or affects a member's voting rights as provided in this chapter, may not be made without the consent of each member affected by the amendment.
 (b) Within 30 days after a meeting at which an amendment of the articles of incorporation has been adopted, articles of amendment signed and sworn to by the president, treasurer, and a majority of the directors, setting out the amendment and adoption of the amendment, shall be submitted in duplicate originals to the commissioner who shall examine them, and upon finding that they conform to the requirements of this chapter, shall
 (1) endorse on each duplicate original the word "filed," and the date of the filing;
 (2) file one duplicate original in the commissioner's office;
 (3) issue a certificate of amendment and affix the other duplicate original to it;
 (4) return to the corporation or its representative the certificate of amendment, together with the duplicate articles of amendment affixed.
 (c) Upon the issuance of a certificate of amendment by the commissioner, the amendment becomes effective.
 Sec. 10.10.120. - Directors and officers.
 (a) The business and affairs of the corporation shall be conducted by a board of directors, a president, a vice president, a secretary, a treasurer, and other officers and agents the corporation by its bylaws may authorize. The board of directors shall consist of a number not less than seven nor more than 21, determined in the first instance by the incorporators and thereafter annually by the members and the stockholders of the corporation. The board of directors may exercise all the powers of the corporation except those that are conferred by law or by the bylaws of the corporation upon the stockholders or members and shall choose and appoint all the agents and officers of the corporation and fill all vacancies except on the board of directors. The board of directors shall be elected in the first instance by the incorporators and thereafter at the annual meeting, which shall be held during the month of January or, if no annual meeting can be held in the year of incorporation, then within 90 days after the approval of the articles of incorporation at a special meeting. At each annual meeting, or at each special meeting held as provided in this section, the members of the corporation shall elect two-thirds of the board of directors, and the stockholders shall elect the remaining directors. The directors hold office until the next annual meeting of the corporation or special meeting held in lieu of the annual meeting after the election and until their successors are elected and qualified unless sooner removed in accordance with the bylaws. A vacancy in the office of a director elected by the members shall be filled by the directors elected by the members, and a vacancy in the office of a director elected by the stockholders shall be filled by the directors elected by the stockholders.
 (b) Directors and officers are not responsible for losses unless they are occasioned by the willful misconduct of the directors and officers.
 Sec. 10.10.130. - Earned surplus.
 Each year the corporation shall set apart as earned surplus not less than 10 per cent of its net earnings for the preceding fiscal year until the surplus equals one half of the amount paid in on the capital stock then outstanding. Whenever the amount of the surplus is less than the required amount, it shall be built up again to the required amount in the manner provided for its original accumulation. Net earnings and surplus shall be determined by the board of directors, after providing for reserves the directors consider desirable, and the determination of the directors made in good faith shall be conclusive on all persons.
 Sec. 10.10.140. - Designation of depository.
 The corporation may not deposit any of its funds in a banking institution unless the institution has been designated as a depository by a vote of a majority of the directors present at an authorized meeting of the board of directors, exclusive of a director who is an officer or director of the depository. The corporation may not receive money on deposit.
 Sec. 10.10.150. - Examinations.
 The corporation shall be examined at least once annually by the commissioner of administration and shall make reports of its condition not less than annually to the commissioner of administration and more frequently upon call of the commissioner of administration, who in turn shall make copies of the reports available to the commissioner of commerce and economic development and the governor. The corporation shall also furnish other information which may from time to time be required by the commissioner of administration. The corporation shall pay the actual cost of the examinations.
 Sec. 10.10.160. - First meeting of corporation.
 (a) The first meeting of the corporation shall be called by a notice signed by three or more of the incorporators, stating the time, place, and purpose of the meeting. A copy of the notice shall be mailed or delivered to each incorporator at least five days before the day appointed for the meeting. The first meeting may be held without notice upon agreement in writing signed by all the incorporators. There shall be recorded in the minutes of the meeting a copy of the notice or of the unanimous agreement of the incorporators.
 (b) At the first meeting, the incorporators shall choose, by ballot, a temporary clerk, adopt bylaws, elect directors by ballot, and act upon other matters within the powers of the corporation. The temporary clerk shall be sworn and shall make and attest a record of the proceedings. A majority of the incorporators, but not fewer than three, shall be a quorum for the transaction of business.
 Sec. 10.10.170. - Duration of corporation.
 The duration of the corporation shall be 50 years, subject, however, to the right of the stockholders and the members to dissolve the corporation before the expiration of that period as provided in AS 10.10.180.
 Sec. 10.10.180. - Dissolution of corporation.
 The corporation may upon the affirmative vote of two-thirds of the votes to which the stockholders are entitled and two-thirds of the votes to which the members are entitled dissolve the corporation. Upon dissolution of the corporation, none of the corporation's assets shall be distributed to the stockholders until all sums due the members of the corporation as creditors of the corporation have been paid in full.
 Sec. 10.10.185. - Cancellation of certificates issued and filings accepted.
 The provisions in AS 10.06 (Alaska Corporations Code) relating to the cancellation of certain corporate filings apply to corporations created under this chapter.
 Sec. 10.10.190. - Prohibition of pledge of credit of state.
 The credit of the state may not be pledged to a corporation organized under the provisions of this chapter.
 Sec. 10.10.200. - Corporation a ""state development company''.
 Sec. 10.10.200. Corporation a ""state development company''.
 A corporation organized under the provisions of this chapter shall be a state development company, as defined in 15 U.S.C. 661 - 696 (Small Business Investment Act of 1958), or any other similar federal legislation, and shall be authorized to operate on a statewide basis.
 Sec. 10.10.210. - Definitions.
 In this chapter, unless the context otherwise requires,
 (1) "board of directors" means the board of directors of the corporation created under this chapter;
 (2) "commissioner" means the commissioner of commerce and economic development;
 (3) "corporation" means the Alaska Business and Industrial Development Corporation created under this chapter;
 (4) "financial institution" means a banking corporation or trust company, savings and loan association, insurance company or related corporation, partnership, foundation, or other institution engaged primarily in lending or investing funds;
 (5) "loan limit" means for any member, the maximum amount permitted to be outstanding at one time on loans made by the member to the corporation, as determined under this chapter;
 (6) "member" means a financial institution authorized to do business within
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