AS Title 44, Chapter 25: Department of Revenue

Article 1. Powers and Duties. Chapter 25. Department of Revenue. Sec. 44.25.010. Commissioner of revenue. The principal executive officer of the Department of Revenue is the commissioner of revenue. Sec. 44.25.020. Duties of department. The Department of Revenue shall (1) enforce the tax laws of the state; (2) collect, account for, have custody of, invest, and manage all state funds and all revenues of the state except revenues incidental to a program of licensing and regulation carried on by another state department, funds managed and invested by the Alaska Retirement Management Board, and as otherwise provided by law; (3) invest and manage the balance of the power development fund in accordance with AS 44.83.386 ; (4) administer the surety bond program for licensure as a fish processor or primary fish buyer; (5) provide reasonable assistance to the Alaska Industrial Development and Export Authority under AS 44.88.850 (c). Sec. 44.25.028. Conflicts of interest and required disclosures when duties relate to pension investments. (a) The commissioner of revenue may designate employees of the Department of Revenue who are subject to the provisions of AS 39.50 because of their responsibility for participating in the management or investment of the funds for which the Alaska Retirement Management Board is responsible. (b) If an officer or employee of the Department of Revenue with responsibility for funds for which the Alaska Retirement Management Board is responsible acquires, owns, or controls an interest, direct or indirect, in an entity or project in which assets under the control of the board are invested, the officer or employee shall immediately disclose the interest to the board. The disclosure is a matter of public record and shall be included in the minutes of the board meeting next following the disclosure. The commissioner shall adopt regulations to restrict officers and employees of the department from having a substantial interest in an entity or project in which assets under the control of the board are invested. (c) Failure to comply with the requirements of this section or regulations enacted under it is grounds for termination of employment. Secs. 44.25.030 — 44.25.038. Loans for Native corporations. [Repealed, § 72 ch 113 SLA 1982.] Article 2. Bond Program for Fish Processors and Primary Fish Buyers. Sec. 44.25.040. Security for certain obligations. (a) A person applying for a license as a fish processor or primary fish buyer shall file with the commissioner of revenue a performance bond, conditioned upon the promise to pay the following: (1) wages owing to all persons employed by the fish processor or primary fish buyer, including contractual employee benefits; (2) independent registered commercial fishermen for the price of the raw fishery resource purchased from them; (3) fees owing for the service of transporting raw fish; (4) contributions imposed under AS 23.20 (Alaska Employment Security Act). (b) A fish processor or primary fish buyer that processes more than 30,000 pounds of fish a year or purchases more than $30,000 of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The amount of the bond is $10,000 unless, during the five years preceding the application, one of the following has occurred: (1) a final judgment in excess of $10,000 was awarded against the bond required under this section; if the final judgment against the bond was in excess of $10,000 but less than $50,000, the amount of the bond is increased to a total of $50,000; if the final judgment against the bond was $50,000 or more, the amount of the bond is increased to a total of $100,000; (2) the commissioner has determined that the fish processor has engaged in the business of fish processor in the state or the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this section and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer; if the fish processor has engaged in the business of a fish processor or the primary fish buyer has engaged in the business of primary fish buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of the bond is increased to a total of $100,000; or (3) the commissioner has determined under (j) of this section that a claim against the bond filed by the Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of the claim was in excess of $10,000 but was less than $50,000, the amount of the bond is increased to a total of $50,000; if the amount of the claim was $50,000 or more, the amount of the bond is increased to a total of $100,000; an increase in bond amount under this paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department of Labor and Workforce Development met the requirements in (i) of this section. (c) A fish processor or primary fish buyer that processes 30,000 pounds or less of fish a year and purchases $30,000 or less of fish a year shall file a performance bond with the commissioner in the amount specified in this subsection. The amount of the bond is $2,000 unless, during the preceding five years, one of the following has occurred: (1) a final judgment in excess of $2,000 was awarded against the bond required under this section; if the final judgment against the bond was in excess of $2,000 but less than $10,000, the amount of the bond is increased to a total of $10,000; if the final judgment against the bond was $10,000 or more, the amount of the bond is increased to a total of $20,000; (2) the commissioner has determined that the fish processor has engaged in the business of fish processor in the state or that the primary fish buyer has engaged in the business of primary fish buyer in the state while not in compliance with this section and has not yet satisfied a final judgment entered against the fish processor or primary fish buyer for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer; if the fish processor has engaged in the business of fish processor or primary fish buyer has engaged in the business of primary fish buyer while not in compliance with this section and has not yet satisfied a final judgment for payment for labor furnished to, raw fishery resources purchased by, or raw fish transportation services provided to the fish processor or primary fish buyer, the amount of the bond is increased to a total of $20,000; or (3) the commissioner has determined under (j) of this section that a claim against the bond filed by the Department of Labor and Workforce Development under (i) of this section met the requirements in (i) of this section; if the amount of the claim was in excess of $2,000 but was less than $10,000, the amount of the bond is increased to a total of $10,000; if the amount of the claim was $10,000 or more, the amount of the bond is increased to a total of $20,000; an increase in bond amount under this paragraph may not be imposed until 45 days after the commissioner determines under (j) of this section that the claim of the Department of Labor and Workforce Development met the requirements in (i) of this section. (d) If a fish processor who has filed a performance bond under (c) of this section processes more than 30,000 pounds of fish in a year or purchases more than $30,000 of fish in a year, the fish processor shall, within seven days after the day on which the 30,000 pound threshold or the $30,000 threshold is exceeded, notify the commissioner and comply with (b) of this section. If a fish processor who has filed a performance bond under (c) of this section processes more than 30,000 pounds of fish in a year or purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on which the 30,000 pound threshold or the $30,000 threshold is exceeded, the fish processor shall suspend processing fish until a bond has been filed under (b) of this section. (e) If a primary fish buyer who has filed a performance bond under (c) of this section purchases more than $30,000 of fish in a year, the primary fish buyer shall, within seven days after the day on which the $30,000 threshold is exceeded, notify the commissioner and comply with (b) of this section. If a primary fish buyer who has filed a performance bond under (c) of this section purchases more than $30,000 of fish in a year, and does not comply with (b) of this section within seven days after the date on which the $30,000 threshold is exceeded, the primary fish buyer shall suspend purchases of fish until a bond has been filed under (b) of this section. (f) A fish processor or primary fish buyer may use only a surety bond, cash deposit, or other negotiable security as a performance bond under this section. The surety must be satisfactory in the determination of the commissioner. The use of other negotiable security as a performance bond must be in a form acceptable to the commissioner. The commissioner shall waive the filing of a performance bond under this section if (1) the fish processor or primary fish buyer has more than $10,000 in lienable real property located in the state and provides proof of the property in a form satisfactory to the commissioner; (2) the fish processor or primary fish buyer is not required under (b) or (c) of this section to post a bond in excess of $10,000; and (3) within the five years preceding the application under AS 43.75.020 , an employee, fisherman, or contracted raw fish transporter has not obtained a final judgment against the fish processor's or primary fish buyer's bond under this section. (g) If an applicant for a license as a fish processor or primary fish buyer has complied with this section, the Department of Revenue may issue that applicant a license to engage in the business of fish processor or primary fish buyer. (h) A claim against a fish processor or primary fish buyer for failing to pay an employee for wages or contractual benefits owed, for failing to pay an independent registered fisherman for the price of raw fishery resource purchased from the fisherman, or for failing to pay an independent contractor for the transportation of raw fish may be brought upon the bond filed under this section in the superior court of the judicial district in which the work was done or in any judicial district in the state in which jurisdiction may be obtained. If an action is brought upon the bond, a copy of the complaint shall be served by registered or certified mail upon the commissioner at the time the suit is filed. The commissioner shall transmit a copy of the complaint and any judgment to the surety or holder of the negotiable security. If a judgment is entered against cash deposited with the commissioner, the commissioner, upon receipt of a certified copy of a final judgment, shall pay the judgment from the amount of the deposit. The commissioner shall maintain a record, available for public inspection, of all suits commenced under this subsection. (i) A claim against a fish processor or primary fish buyer for failing to pay contributions imposed under AS 23.20 may be brought by the Department of Labor and Workforce Development against the bond filed under this section by filing a claim against the bond with the commissioner, along with proof, satisfactory to the commissioner, that the fish processor or primary fish buyer (1) received a notice of assessment under AS 23.20.205 ; (2) did not pay the amount specified in the notice of assessment within 30 days after receiving the notice of assessment or, if the assessment was contested under AS 23.20.220 , within 30 days after receiving the department's final decision under AS 23.20.220 (c); and (3) did not file an appeal of the assessment under AS 23.20.220 or filed an appeal but did not initiate a proceeding for judicial review under AS 23.20.445 within 30 days after the department's final decision under AS 23.20.220 (c). (j) If the commissioner determines that the Department of Labor and Workforce Development has met the claim requirements in (i) of this section, the commissioner shall forward the claim and supporting documents to the surety or holder of the negotiable security. If the fish processor or primary fish buyer has deposited cash with the commissioner, the commissioner shall pay the claim of the Department of Labor and Workforce Development from the amount of the deposit. If the commissioner determines that the Department of Labor and Workforce Development has not met the claim requirements in (i) of this section, the commissioner shall provide the Department of Labor and Workforce Development with written notice of the deficiency of its claim. (k) If a performance bond is insufficient to satisfy all claims filed against it under this section, claims brought against the bond under (h) of this section have priority over a claim filed against the bond under (i) of this section. The Department of Labor and Workforce Development shall return to the commissioner money received from a claim filed against a fish processor's or primary fish buyer's performance bond under (i) of this section if an employee, fisherman, or contracted raw fish transporter obtains a final judgment under (h) of this section against that fish processor's or primary fish buyer's bond and the (1) fish processor or primary fish buyer has not replenished the bond after it was used to cover the claim filed under (i) of this section; or (2) final judgment obtained by the employee, fisherman, or contracted raw fish transporter is more than the amount of the bond available under (b) or (c) of this section. (l) The term of a performance bond expires two years after the fish processor or primary fish buyer is no longer licensed in this state, except that if, during that two-year period, a claim has been asserted against the bond, the term of the bond is five years. If the surety on the bond wishes to cancel the bond, the surety may do so by giving the commissioner written notice of intention to cancel. The cancellation is effective 30 days after the notice is delivered to the commissioner. Sec. 44.25.041. Exemptions from bonding requirement. (a) A fish processor or primary fish buyer that does not purchase fish or hire employees is exempt from the bonding requirements of AS 44.25.040 . (b) Restaurants, grocery stores, and established fish markets are exempt from the bonding requirement of AS 44.25.040 . Sec. 44.25.042. Suspension and revocation of license. (a) If a final judgment impairs the liability of the surety upon the bond or depletes the cash deposits or other security so that there is not in effect the bond, undertaking, cash deposit, or other security in the full amount prescribed in AS 44.25.040 , the license of the fish processor or primary fish buyer shall be suspended until the liability in the required amount, unimpaired by unsatisfied judgment claims, has been furnished. (b) If a bonding company cancels its bond of a fish processor or primary fish buyer, the fish processor's or primary fish buyer's license shall be revoked. The fish processor or primary fish buyer may again obtain a license by complying with the requirements of AS 44.25.040 . (c) If a licensed fish processor or primary fish buyer fails to fulfill the obligations as set out in AS 44.25.040 , the license of the processor or buyer shall be suspended for a period of time the commissioner determines is appropriate. After three suspensions the license may be permanently revoked. (d) Proceedings to suspend or revoke a license are governed by AS 44.62 (Administrative Procedure Act). (e) If the commissioner determines that a fish processor or primary fish buyer is acting in violation of AS 44.25.040 , the commissioner shall give written notice prohibiting further action by the person as a fish processor or primary fish buyer. The prohibition continues until the person has submitted evidence acceptable to the commissioner showing that the violation has been corrected. (f) A person affected by an order issued under AS 44.25.040 and this section may seek equitable relief preventing the commissioner from enforcing the order. (g) In an action instituted in the superior court by the commissioner or a representative of the commissioner, a person acting in the capacity of a fish processor or primary fish buyer in violation of AS 44.25.040 may be enjoined from acting as a fish processor or primary fish buyer. (h) If the commissioner determines under AS 44.25.040 (j) that a claim filed under AS 44.25.040 (i) is sufficient to allow collection against the performance bond filed under AS 44.25.040 , the fish processor's or primary fish buyer's license shall be suspended until the amount of the claim under AS 44.25.040 (i) is paid in full and the performance bond is replenished. Sec. 44.25.045. Penalty for failure to obtain bond. A person who is required to obtain the bond required by AS 44.25.040 and who fails to obtain that bond is guilty of a class A misdemeanor. Each day a violation occurs constitutes a separate offense. Sec. 44.25.047. Regulations. The commissioner may adopt regulations to carry out the provisions of AS 44.25.040 — 44.25.048. Sec. 44.25.048. Definitions for surety bond program. In AS 44.25.040 — 44.25.048, unless the context otherwise requires, (1) “commissioner” means the commissioner of revenue; (2) “established fish market” means a market maintained in a permanent structure exclusively for the sale of seafood to the public at retail; (3) “fish” means any species of aquatic finfish, invertebrates and amphibians, shellfish, or any other raw fishery resource, in any stage of its life cycle, found in or introduced into the state, and includes fish eggs except fish eggs sold for stock enhancement purposes; (4) “fish processor” means a person engaging or attempting to engage in a business for which a license is required under AS 43.75 ; (5) “grocery store” means a store maintained for the sale of food products exclusively to the public at retail; (6) “primary fish buyer” means a person, other than a cooperative corporation organized under AS 10.15 , engaging or attempting to engage in the business of originally purchasing or buying any fishery resource in intrastate, interstate, or foreign commerce; (7) “restaurant” includes a place maintained for the sale and on-premise consumption of food, and a street vendor who sells food prepared for immediate consumption. Secs. 44.25.100 — 44.25.190. Film office; duties; Alaska film production incentive program; eligibility; qualification for film production tax credit; award of film production tax credit; determination of qualified expenditures. [Repealed, §§ 7, 8 ch 35 SLA 2015.] Article 3. Alaska Mental Health Trust Authority. Sec. 44.25.200. Alaska Mental Health Trust Authority. (a) The Alaska Mental Health Trust Authority is established as a public corporation of the state within the Department of Revenue. (b) The purpose of the authority is to ensure an integrated comprehensive mental health program and to administer the office of the long term care ombudsman established in AS 44.25.300 . (c) The authority (1) shall, as provided in AS 37.14.009 , administer the trust established under the Alaska Mental Health Enabling Act of 1956; (2) may sue and be sued; (3) may retain the services of independent counsel when, in the judgment of the authority's board of trustees, independent counsel is needed; (4) shall insure or indemnify and protect the board, a member of the board, or an agent or employee of the authority against financial loss and expense, including reasonable legal fees and costs, arising out of a claim, demand, suit, or judgment by reason of alleged negligence, alleged violation of civil rights, or alleged wrongful act resulting in death or bodily injury to a person or accidental damage to or destruction of property if the board member, agent, or employee, at the time of the occurrence, was acting under the direction of the authority within the course or scope of the duties of the board member, agent, or employee; (5) shall exercise the powers granted to it under AS 37.14.041 , subject to the limitations imposed by AS 37.14.045 ; and (6) shall administer the office of the long term care ombudsman established in AS 44.25.300 . (d) The provisions of AS 44.62.330 - 44.62.630 do not apply to the Alaska Mental Health Trust Authority. Sec. 44.25.210. Board establishment, membership, quorum, fees, and expenses. (a) The authority shall be governed by its board of trustees. (b) The board consists of seven members appointed by the governor and confirmed by the legislature. The members appointed under this subsection shall be appointed (1) based upon their ability in financial management and investment, in land management, or in services for the beneficiaries of the trust; (2) after the governor has considered a list of persons prepared by a panel of six persons who are beneficiaries, or who are the guardians, family members, or representatives of beneficiaries; the panel shall consist of (A) one person selected by the Alaska Mental Health Board established by AS 44.29.800 ; (B) one person selected by the Governor's Council on Disabilities and Special Education established by AS 44.29.600 ; (C) one person selected by the Advisory Board on Alcoholism and Drug Abuse established by AS 44.29.100 ; (D) one person selected by the Alaska Commission on Aging established by AS 44.29.750 ; (E) one person selected by the Alaska Native Health Board; and (F) one person selected by the authority. (c) A member of the board appointed by the governor under (b) of this section may not (1) be an officer or employee of the state; or (2) within the preceding two years or during the member's term of office have an interest in, served on the governing board of, or been employed by an organization that has received, during that same period, money from the mental health trust settlement income account under a grant or contract for services. (d) A quorum of the board is four members. (e) A member of the board is entitled to (1) an honorarium of $200 for each day or any part of a day spent at a meeting of the board, at a meeting of a subcommittee of the board, or as a representative of the board; and (2) per diem and travel expenses authorized for boards and commissions under AS 39.20.180 . Sec. 44.25.220. Term of office, vacancies, removal, and reappointment. (a) The members of the board serve staggered five-year terms. A member shall continue to serve until the member's successor is appointed and confirmed. (b) A vacancy occurring in the membership of the board shall be filled within 60 days by appointment of the governor for the unexpired portion of the vacated term. (c) The governor may remove a member of the board only for cause, including incompetence, neglect of duty, misconduct in office, poor attendance, or lack of contribution to the board's work. A member being removed for cause shall be given a copy of the charges and afforded an opportunity to publicly present a defense in person or by counsel upon not less than 10 days' written notice. If a member is removed for cause, the governor shall file with the lieutenant governor a complete statement of all charges made against the member and the governor's findings based on the charges, together with a complete record of the proceedings. The removal of a member for cause constitutes a final administrative order. A member seeking to appeal the governor's removal of a member for cause under this subsection shall file a notice of appeal with the superior court under AS 44.62.560 . (d) Except for a trustee who has served two consecutive five-year terms, a member of the board may be reappointed. A member of the board who has served two consecutive five-year terms is not eligible for reappointment to the board until one year has intervened. Sec. 44.25.230. Officers and staff. (a) The board shall annually elect a presiding officer and other officers it considers necessary from among its membership. (b) The board shall employ a chief executive officer who shall be selected by the board. The chief executive officer shall be compensated at no less than range of the pay plan for state employees under AS 39.27.011 (a). The chief executive officer may (1) hire additional employees; (2) appoint hearing officers to perform the responsibilities set out in AS 44.25.240 (b)(4); and (3) contract for the services of consultants and others. (c) The chief executive officer is directly responsible to the board. (d) The chief executive officer and employees hired under this section are in the exempt service under AS 39.25.110 . Sec. 44.25.240. Regulations. (a) The board shall adopt regulations under AS 44.62 (Administrative Procedure Act) consistent with state law and the fiduciary responsibilities imposed by law on members of boards of directors of corporations having trust responsibilities. (b) The regulations shall address, but are not limited to, (1) the requirements of AS 44.25.290 (h) and (j); (2) procedures by which an aggrieved person or group who believe they have not received services that should be provided from the trust may apply to the authority for redress; (3) provisions that allow and encourage entities providing trust funded services to integrate those services with other community human services funded by other sources; (4) administrative adjudication procedures, including but not limited to (A) the acceptance of applications under (3) of this subsection; (B) investigations; (C) hearings; and (D) the issuance of administrative orders, as necessary; (5) provisions that establish a process for long-range planning for expenditures from the mental health trust settlement income account; and (6) criteria for determining the nature and extent of necessary services and related expenses to be funded by the trust. Sec. 44.25.250. Duties of the board. The board shall (1) preserve and protect the trust corpus under AS 37.14.009 ; (2) coordinate with other state agencies involved with programs affecting persons in need of mental health services; (3) review and consider the recommendations submitted under AS 44.29.140 (a)(2), 44.29.660(13), 44.29.790(a)(8), and 44.29.850(6); (4) adopt bylaws governing its meetings, selection of officers, proceedings, and other aspects of board procedure; (5) make an annual written report of its activities to the governor and the public and notify the legislature that the report is available; and (6) fulfill its obligations under AS 44.25.270 . Sec. 44.25.260. Board advisors. The commissioners of health, natural 23 resources, and revenue, or their respective designees, are advisors to the board. Sec. 44.25.270. Budget recommendations; reports. (a) The board shall annually, not later than September 15, submit to the governor and the Legislative Budget and Audit Committee a budget for the next fiscal year and a proposed plan of implementation based on the integrated comprehensive mental health program plan prepared under AS 47.30.660 (a)(1). The budget must include the authority's determination of the amount (1) recommended for expenditure from the general fund during the next fiscal year to meet the operating and capital expenses of the integrated comprehensive mental health program; (2) in the mental health trust settlement income account, if any, that is not reasonably necessary to meet the projected operating and capital expenses of the integrated comprehensive mental health program that may be transferred into the general fund; and (3) of the expenditures the authority intends to make under AS 37.14.041 and 37.14.045, including the specific purposes and amounts of any grants or contracts as part of the state's integrated comprehensive mental health program. (b) When the authority submits its proposed budget under (a) of this section, the authority shall also provide a report to the Legislative Budget and Audit Committee, the governor, the Office of Management and Budget, the commissioner of health, and all entities providing services with money in the mental health trust settlement income account, and shall make the report available to the public. The report must describe at least the following: (1) the assets, earnings, and expenditures of the trust as of the end of the preceding fiscal year; (2) comparisons of the trust's assets, earnings, and expenditures with the prior five fiscal years; (3) projections of the trust's assets, earnings, and expenditures for the next five fiscal years; (4) the authority's budget recommendations submitted under (a) of this section, and its reasons for making those recommendations; (5) the authority's guidelines for the establishment of services; the provision of services shall be based on the principle that services paid for from the trust are provided to recipients as close to the recipient's home and family as practical with due consideration of demographics, mental health service requirements, use of mental health services, economic feasibility, and capital expenditures required for provision of minimum levels of service; (6) forecasts of the number of persons needing services; (7) projections of the resources required to provide the necessary services and facilities; and (8) reviews of the status of the integrated comprehensive mental health program, including evaluation of program goals, objectives, targets and timelines, and overall effectiveness. Sec. 44.25.280. Submissions requiring use of trust money. An agency or entity proposing an expenditure of money by the trust shall present its proposal to the authority under regulations adopted under AS 44.25.240 . Sec. 44.25.290. Use of money in the mental health trust settlement income account. (a) The money in the mental health trust settlement income account established in AS 37.14.036 shall be used as provided in AS 37.14.041 , including to (1) provide an integrated comprehensive mental health program as required by this section; (2) meet the authority's annual administrative expenses; and (3) offset the effect of inflation on the mental health trust fund. (b) Expenditures under (a)(1) of this section must provide for a reasonable level of necessary services to persons who (1) are mentally ill; (2) have an intellectual disability, a developmental disability, or both; (3) are chronic alcoholics suffering from psychoses; (4) as a result of senility, suffer major mental illness; and (5) need mental health services, as the legislature may determine. (c) The integrated comprehensive mental health program for which expenditures are made under this section (1) must give priority in service delivery to persons who, as a result of a mental disorder or of a disorder identified in (b) of this section, (A) may require or are at risk of hospitalization; or (B) experience such major impairment of self-care, self-direction, or social and economic functioning that they require continuing or intensive services; (2) may, at the discretion of the board, include services to persons who are not included under (b) or (c)(1) of this section. (d) In (b)(1) of this section, “the mentally ill” includes persons with the following mental disorders: (1) schizophrenia; (2) delusional (paranoid) disorder; (3) mood disorders; (4) anxiety disorders; (5) somatoform disorders; (6) organic mental disorders; (7) personality disorders; (8) dissociative disorders; (9) other psychotic or severe and persistent mental disorders manifested by behavioral changes and symptoms of comparable severity to those manifested by persons with mental disorders listed in this subsection; and (10) persons who have been diagnosed by a licensed psychologist, psychiatrist, or physician licensed to practice medicine in the state and, as a result of the diagnosis, have been determined to have a childhood disorder manifested by behaviors or symptoms suggesting risk of developing a mental disorder listed in this subsection. (e) In (b)(2) of this section, “persons who have an intellectual disability, developmental disability, or both” includes persons with the following neurologic or mental disorders: (1) cerebral palsy; (2) epilepsy; (3) autistic disorder; (4) severe organic brain impairment; (5) significant developmental delay during early childhood indicating risk of developing a disorder listed in this subsection; (6) other severe and persistent intellectual disability or developmental disability manifested by behaviors and symptoms similar to those manifested by persons with disorders listed in this subsection. (f) In (b)(3) of this section, “chronic alcoholics suffering from psychoses” includes persons with the following disorders: (1) alcohol withdrawal delirium (delirium tremens); (2) alcohol hallucinosis; (3) alcohol amnestic disorder; (4) dementia associated with alcoholism; (5) alcohol-induced organic mental disorder; (6) alcoholic depressive disorder; (7) other severe and persistent disorders associated with a history of prolonged or excessive drinking or episodes of drinking out of control and manifested by behavioral changes and symptoms similar to those manifested by persons with disorders listed in this subsection. (g) In (b)(4) of this section, “persons who as a result of senility, suffer major mental illness” includes persons with the following mental disorders: (1) primary degenerative dementia of the Alzheimer type; (2) multi-infarct dementia; (3) senile dementia; (4) presenile dementia; (5) other severe and persistent mental disorders manifested by behaviors and symptoms similar to those manifested by persons with disorders listed in this subsection. (h) The authority shall adopt regulations defining the disorders identified in this section to reflect revisions in the diagnostic nomenclature of the health professions serving the beneficiaries of the trust. The authority shall review and revise the regulations as necessary. Regulations adopted under this subsection must be in the long term best interest of the trust and of persons with disorders equivalent to those identified in (b) and (c) of this section. (i) In this section, “integrated comprehensive mental health program” (1) means public health programs and services that, on December 16, 1994, are separately recognizable and administered, without regard to the administrative unit directly responsible for the delivery of the service; among the services included are services for the mentally ill, community mental health services, services for the developmentally disabled, alcoholism services, and services for children, youth, adults, and seniors with mental disorders; (2) includes, at a minimum, each of the following services as appropriate: (A) emergency services on a 24-hour basis; (B) screening examination and evaluation services required to complete the involuntary commitment process under AS 47.30.700 - 47.30.815; (C) inpatient care; (D) crisis stabilization services, which may include (i) active community outreach; (ii) in-hospital contact; (iii) mobile crisis teams of mental health professionals; (iv) crisis beds to provide a short term residential program for persons experiencing an acute episode of mental illness that requires temporary removal from a home environment; (E) treatment services, which may include (i) diagnosis, testing, and evaluation of medical needs; (ii) medication monitoring; (iii) physical examinations; (iv) dispensing psychotropic and other medication; (v) detoxification; (vi) individual or group therapy; (vii) aftercare; (F) case management, which may include (i) evaluation of needs; (ii) development of individualized treatment plans; (iii) enhancement of access to available resources and programs; (iv) development of interagency contacts and family involvement; (v) advocacy; (G) daily structure and support, which may include (i) daily living skills training; (ii) socialization activities; (iii) recreation; (iv) transportation; (v) day care services; (vi) client and care provider education and support services; (H) residential services, which may include (i) crisis or respite care; (ii) board and care; (iii) foster care, group homes, halfway houses, or supervised apartments; (iv) intermediate care facilities; (v) long-term care facilities; (vi) in-home care; (I) vocational services, which may include (i) prevocational services; (ii) work adjustment; (iii) supported work; (iv) sheltered work; (v) training in which participants achieve useful work experience; (J) outpatient screening, diagnosis, and treatment services, including individual, family, and group psychotherapy, counseling, and referral; (K) prevention and education services, including consultation with organizations, providers, and the public; and (L) administrative services, including appropriate operating expenses of state agencies and other service providers. (j) The authority shall adopt regulations regarding the services described in (i) of this section to reflect advances in the appropriate professions. The authority shall review and revise the regulations as necessary. Regulations adopted under this subsection must be in the long term best interest of the mental health trust. Sec. 44.25.295. Definitions. In AS 44.25.200 — 44.25.295 (1) “authority” means the Alaska Mental Health Trust Authority established by AS 44.25.200 ; (2) “board” means the board of trustees of the authority; (3) “trust” means the trust established by the Alaska Mental Health 10 Enabling Act of 1956, P.L. 84-830, 70 Stat. 709. Article 4. Office of the Long Term Care Ombudsman. Sec. 44.25.300. Office established. (a) The office of the long term care ombudsman is established in the Alaska Mental Health Trust Authority ( AS 44.25.200 ). (b) The ombudsman shall be hired by the authority. A member of the authority who has a financial interest in a long term care facility in the state, or who has any other conflict of interest, may not participate in the hiring of the ombudsman. The ombudsman is a full-time position in the classified service. The ombudsman shall be compensated at no less than Range 21 of the pay plan for state employees under AS 39.27.011 . (c) The ombudsman may not have a financial interest in a long term care facility in the state. The authority shall adopt regulations to ensure that the ombudsman, and employees and volunteers of the office, do not have a conflict of interest or an appearance of a conflict of interest. Sec. 44.25.310. Duties and powers of the long term care ombudsman. (a) The ombudsman shall investigate and resolve a complaint made by or on behalf of an older Alaskan who resides in a long term care facility in the state if the complaint relates to a decision, action, or failure to act by a provider or a representative of a provider of long term care services, or by a public agency or social services agency, that may adversely affect the health, safety, welfare, or rights of the older Alaskan. At the discretion of the ombudsman, the ombudsman may investigate and resolve a complaint made by or on behalf of a resident who is not an older Alaskan if the complaint relates to a decision, action, or failure to act by a provider or a representative of a provider of long term care services, or by a public agency or social services agency, that may adversely affect the health, safety, welfare, or rights of the resident. (b) The ombudsman may investigate and resolve a complaint made by or on behalf of an older Alaskan relating to the long term care or residential circumstances of the older Alaskan. Complaints under this subsection may relate to any issue not covered under (a) of this section, including the older Alaskan's landlord, senior citizen housing, a public assistance program, a public grant program for services to older Alaskans, public utilities, health care facilities, and health care providers. (c) The ombudsman may (1) subpoena witnesses, compel their attendance, require the production of evidence, administer oaths, and examine any person under oath in connection with a complaint described under (a) of this section; the powers described in this paragraph shall be enforced by the superior court; (2) pursue administrative, legal, or other appropriate remedies on behalf of a resident of a long term care facility in the state. Sec. 44.25.320. Training and certification of staff. (a) The ombudsman shall provide for the training and certification of office staff, including volunteers and other representatives of the office. Training must include instruction in federal, state, and local laws and policies relating to long term care facilities in the state, and in investigative techniques. The ombudsman may require other appropriate training. The ombudsman may decertify a person under this section for good cause in accordance with regulations adopted by the authority. (b) An employee, volunteer, or other representative of the office may not investigate a complaint under AS 44.25.310 unless certified as having completed training under this section and approved by the ombudsman as qualified to investigate the complaint. Sec. 44.25.330. Access to long term care facilities, residents, and records. (a) A person may not deny access to a long term care facility or to a resident of a long term care facility by the ombudsman or an employee, volunteer, or other representative of the office. (b) Notwithstanding the provisions of AS 44.25.310 (c)(1), the ombudsman may obtain medical or other records of a resident of a long term care facility in the state only with the consent of the resident or the person's resident representative or legal guardian or, if the resident is unable or incompetent to consent and does not have a resident representative, only with a subpoena or court order. Sec. 44.25.340. Confidentiality. (a) Records obtained or maintained by the ombudsman are confidential, are not subject to inspection or copying under AS 40.25.110 - 40.25.120 and, except as provided in (b) of this section, may be disclosed only at the discretion of the ombudsman. (b) The identity of a complainant or an older Alaskan or resident of a long term care facility on whose behalf a complaint is made may only be disclosed with the consent of the identified person or the person's legal guardian or resident representative or by court order. However, if an older Alaskan is unable to provide consent and does not have a legal guardian, or if a resident of a long term care facility is unable to provide consent and does not have a resident representative, the ombudsman may disclose the identity of an identified person for the purpose of making a referral to an agency or person, if the ombudsman or an employee or volunteer of the office (1) has reasonable cause to believe that an action, inaction, or decision, including an action, inaction, or decision by a resident representative or a legal guardian of an older Alaskan, may adversely affect the health, safety, welfare, or rights of the older Alaskan or resident; (2) has reasonable cause to believe the referral is in the best interest of the older Alaskan or resident; (3) obtains the approval of the ombudsman for the disclosure and referral; and (4) does not have evidence that the older Alaskan or resident would disagree with the referral. Sec. 44.25.350. Immunity from liability. (a) A person who, in good faith, makes a complaint described in AS 44.25.310 is immune from civil or criminal liability that might otherwise exist for making the complaint. (b) The ombudsman, or an employee, volunteer, or other representative of the office, is immune from civil or criminal liability for the good faith performance of official duties. Sec. 44.25.360. Interference with the long term care ombudsman and retaliation prohibited. (a) A person may not intentionally interfere with the ombudsman, or an employee, volunteer, or representative of the office, in the performance of official duties under AS 44.25.310 . (b) If a person makes a good faith complaint described in AS 44.25.310 , an employer or supervisor of the person, or a public or private agency or entity that provides benefits, services, or housing to the person, may not discharge, demote, transfer, reduce the pay or benefits or work privileges of, prepare a negative work performance evaluation of, deny or withhold benefits or services, evict, or take other detrimental action against the person because of the complaint. The person making the complaint may bring a civil action for compensatory and punitive damages against an employer, supervisor, agency, or entity that violates this subsection. In the civil action there is a rebuttable presumption that the detrimental action was retaliatory if it was taken within 90 days after the complaint was made. (c) A person who violates this section is guilty of a class B misdemeanor. Sec. 44.25.370. Legal counsel for the long term care ombudsman. The attorney general shall provide legal advice and representation in connection with any matter relating to the powers, duties, and operation of the office, and in any legal action brought against the ombudsman or an employee, volunteer, or other representative of the office. If the attorney general cannot provide legal advice or representation because of a conflict of interest, the ombudsman may employ private legal counsel. Sec. 44.25.380. Cooperative agreements. The authority shall enter into cooperative agreements concerning the operations of the office, including protocols for investigations, with state and local agencies that have jurisdiction over long term care facilities or over the abuse and neglect of older Alaskans or residents of long term care facilities. Sec. 44.25.390. Definitions. In AS 44.25.300 — 44.25.390, (1) “authority” means the Alaska Mental Health Trust Authority established in AS 44.25.200 ; (2) “long term care facility” means an assisted living home, as defined in AS 47.32.900 , and a nursing facility, as defined in AS 47.32.900 ; (3) “office” means the office of the long term care ombudsman; (4) “older Alaskan” means a person who is 60 years of age or older and who resides in the state; (5) “ombudsman” means the long term care ombudsman hired under AS 44.25.300 ; (6) “resident” means a person who resides in a long term care facility in the state; (7) “resident representative” means (A) an individual chosen by a resident to act on behalf of the resident to (i) support the resident in decision making; (ii) access medical, social, or other personal information of the resident; (iii) manage financial matters; or (iv) receive notifications; (B) a person authorized by federal or state law to act on behalf of a resident. (8) “senior citizen housing” has the meaning given “senior housing” in AS 18.56.799 .