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2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › 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).
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › Sec. 05.20.060. Annual inspections; fees.

(a) The inspector of devices and the inspector's assistants shall inspect each device at least once each year.
(b) Upon inspection of a device under this section, the owner or operator of the device shall pay the department a fee of $200 for the inspection of that device. The department shall waive the inspection fee if the owner or operator of the device uses a private inspector who is certified by a national organization to inspect devices and provides the inspection report to the department.
(c) Fees collected under this section shall be deposited in the building safety account created by AS 44.31.025.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › 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). Administrative hearings on contested cases shall be conducted by the office of administrative hearings (AS 44.64.010).
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 20. Recreational Devices › Sec. 05.20.120. Definitions.

In this chapter, unless the context otherwise requires,
(1) “department” means the Department of Labor and Workforce Development;
(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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 1. Safety Requirements. › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 1. Safety Requirements. › Sec. 05.25.020. Use of boat with water skis and surfboards.

(a) A person may not operate a boat on water of the state for towing a person on water skis, a surfboard, or a similar device unless
(1) the boat is equipped with a rearview mirror in which the person being towed can be viewed; or
(2) there is, in the boat, 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 boat on water of the state to tow a person under 13 years of age on water skis, a surfboard, or a similar device unless the person being towed is wearing a United States Coast Guard approved
(1) Type I, Type II, or Type III personal flotation device; or
(2) Type V personal flotation device if the Type V personal flotation device is in serviceable condition and
(A) if the approval label on the Type V personal flotation device indicates that the device is approved for the activity;
(B) for a device that contains a reference to an owner's manual, if the Type V personal flotation device is used in accordance with the requirements in the owner's manual.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 2. Accidents and Liability. › Sec. 05.25.030. Boat collisions, accidents, and casualties.

(a) The operator of a boat involved in a collision, accident, or casualty shall
(1) render assistance as is practicable and necessary to save other persons from danger or to minimize the danger to other persons to the extent that the operator can do so without serious danger to the operator's boat, crew, and passengers; and
(2) give the operator's name, address, and identification number of the operator's boat in writing to each person injured in the collision, accident, or casualty and to the owner of property damaged in the collision, accident, or casualty.
(b) For the purpose of gathering boating accident statistics, the operator of a boat involved in a collision, accident, or casualty that results in death or injury to a person, or damage to property in excess of $500 for each incident, shall file a report with the Department of Public Safety on or before the 20th day after the incident. The Department of Public Safety shall prepare a form for the report and make the form available to other agencies and to the public.
(c) In response to a request from an authorized official or agency of the United States, a law enforcement agency, or in compliance with United States Coast Guard regulations, the Department of Public Safety shall provide statistical information compiled or otherwise available to the Department of Public Safety from the reports required under (b) of this section.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 2. Accidents and Liability. › Sec. 05.25.040. Owner's civil liability.

Except as provided under AS 09.65.112 and AS 09.65.290, the owner of a boat is liable for injury or damage caused by the negligent operation of the owner's boat whether the negligence consists of a violation of a state statute or the failure to exercise ordinary care in the operation of the boat as the rules of the common law require. The owner is not liable, however, unless the boat is used with the owner's express or implied consent. It is presumed that the boat 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.053. Boating safety program.

(a) Except as provided in this section, the department shall administer a statewide boating safety program. The program must, to the extent consistent with state law,
(1) secure the full benefits available to the state under 46 U.S.C. 13101 - 13110; and
(2) take additional actions necessary to gain initial and ongoing federal acceptance of the boating safety program and to qualify and apply for federal money under 46 U.S.C. 13102.
(b) The department shall cooperate with local, state, and federal agencies, private and public organizations, and individuals to provide for
(1) a statewide boating safety education program; the program must
(A) develop educational materials relevant to the unique needs of urban and rural boaters in this state;
(B) support statewide boating safety training programs;
(C) support boating safety education and training programs for children and other high risk groups;
(D) train, certify, and support boating safety instructors;
(E) evaluate, on an ongoing basis, the effectiveness of programs funded under this chapter;
(2) a boating safety advisory council as described in AS 05.25.057;
(3) a uniform state waterway marking system; and
(4) a boat registration and numbering system through the Department of Administration.
(c) The Department of Public Safety shall cooperate with local, state, and federal agencies, private and public organizations, and individuals to provide for
(1) a boating collisions, accidents, and casualties reporting system; and
(2) boating safety patrol and law enforcement activity.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.056. Certificate of title; inadequate evidence of ownership.

(a) Except as provided under (f) of this section, the owner of an undocumented boat subject to registration in this state under AS 05.25.055 shall apply to the Department of Administration for a certificate of title for the boat.
(b) A person who purchases or obtains a majority ownership of an undocumented boat shall, within 30 days after purchasing or obtaining the boat, apply for a new certificate of title that shows the boat's change of ownership.
(c) If the Department of Administration is not satisfied as to the ownership of an undocumented boat or believes there may be an undisclosed security interest in an undocumented boat, the Department of Administration may register the boat without issuing a title and shall type or stamp on the face of the certificate of registration “No Title Issued.” A certificate of title may be issued only if the
(1) applicant presents documents sufficient to satisfy the Department of Administration that
(A) the applicant owns the boat; and
(B) there is no undisclosed security interest in the boat; or
(2) title is uncontested for three years following the issuance of the “No Title Issued” registration.
(d) The state and its employees or agents are not liable for damages or costs associated with an act or omission under this section.
(e) The Department of Administration shall adopt regulations to implement this section.
(f) This section does not apply to an undocumented boat that is 24 feet or less in length, unless the owner of the boat chooses to apply to the Department of Administration for a certificate of title for the boat.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.057. Alaska Boating Safety Advisory Council established.

(a) The Alaska Boating Safety Advisory Council is established in the department.
(b) The council consists of seven members appointed by the governor. The governor shall appoint each member on the basis of interest in public affairs, knowledge of boating issues as they relate to both safety and water of the state, and good judgment and ability concerning boating safety. The appointed members shall represent boat owner interests, including owners of boats powered by engines and owners of boats that are paddled, poled, rowed, or powered by wind, shall be residents of the state, and shall be appointed without regard to political affiliation or geographical location of residence. The commissioner is not a member of the council, but shall be ex officio secretary.
(c) The purpose of the council is to
(1) recommend to the department boating safety educational materials;
(2) review and make recommendations on proposed boating regulations;
(3) consider regional boating safety needs and promote boating safety education programs throughout the state; and
(4) advise the department on state, regional, and national boating issues.
(d) The council may not meet more than two times in each calendar year. Members of the council receive no compensation for services on the council, but are entitled to per diem and travel expenses authorized for boards under AS 39.20.180.
(e) In this section, “council” means the Alaska Boating Safety Advisory Council.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.060. Prohibited operation.

A person may not operate a boat on water of the state
(1) for a recreational purpose or another purpose, or tow water skis, a surfboard, or a similar device, in a reckless or negligent manner so as to endanger the life or property of another person; or
(2) that is not equipped as required under this chapter and regulations adopted under this chapter.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.070. Exemptions.

Boats and persons operating boats are exempt from this chapter when participating in the area set aside for a public regatta, race, marine parade, tournament, or exhibition on inland water; for purposes of this section, “inland water” means water of the state that is not offshore water.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.080. Enforcement.

(a) The Department of Public Safety has authority for enforcement of this chapter and the regulations adopted under this chapter. Nothing in this chapter authorizes a department or board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of its waterways to the federal government.
(b) A peace officer, other than a person employed by the federal government, may enforce this chapter and, in the exercise of enforcement, may stop and, if the peace officer has probable cause to believe a violation of this chapter has occurred, board watercraft subject to this chapter. A peace officer may issue a citation as provided in AS 12.25.175 - 12.25.230 to a person who violates a provision of this chapter.
(c) A person employed by the Department of Natural Resources, or a person, other than a person employed by the federal government, authorized by the commissioner under AS 41.21.955(a), acting as a peace officer, may enforce this chapter and regulations adopted under this chapter only in units of the state park system.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.090. Penalties.

(a) Except as provided in (b) of this section, a person who violates a provision of this chapter or regulations adopted under this chapter is guilty of a class A misdemeanor.
(b) A person who violates
(1) AS 05.25.010, 05.25.020, 05.25.030(b), 05.25.060(2), or a regulation adopted under this chapter relating to AS 05.25.010 or 05.25.020 is guilty of a violation as defined in AS 11.81.900 and may be fined up to $500;
(2) AS 05.25.055 is guilty of a violation as defined in AS 11.81.900 and may be fined up to $50.
(c) The supreme court shall establish by order or rule a schedule of bail amounts for violations under (b) of this section that allow the disposition of a citation without a court appearance.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.095. Regulations.

(a) Except as provided in (c) - (e) of this section, the department may adopt regulations regarding requirements for certification of programs on boating safety education.
(b) In consultation with the Department of Public Safety, the Department of Administration may adopt regulations to implement this chapter with respect to the numbering, marking, and titling of undocumented boats.
(c) Regulations adopted under this chapter may not be less stringent than applicable minimum requirements of regulations governing recreational boat safety of the United States Coast Guard.
(d) The department may not adopt a regulation under (a) of this section if, before or during the period for public comment on the proposed regulation provided by AS 44.62.190, the Alaska Boating Safety Advisory Council provides the department with a written objection regarding the regulation, unless the department modifies the proposed regulation to satisfy the objection. The prohibition of this subsection does not apply if modification of the proposed regulation to satisfy the council's objection would result in
(1) failure to meet a federal stringency requirement described under (c) of this section; or
(2) a regulation that is not consistent with another provision of law.
(e) Nothing in this section authorizes the department to prohibit a use of or access to the water of the state by a person or user group.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 25. Watercraft › Article 3. General Provisions. › Sec. 05.25.096. Fees.

(a) The Department of Administration shall assess the following fees:
(1) motorized boat registration, registration renewal, and transfer of registration, $24 for a three-year period;
(2) nonmotorized boat registration, registration renewal, and transfer of registration, $10 for a three-year period;
(3) replacement of lost registration, $5;
(4) replacement of lost registration validation decals, $5;
(5) barge registration, registration renewal, and transfer of registration, $75 for a three-year period;
(6) boat title and duplicate boat title, $20.
(b) The Department of Administration shall separately account for fees collected under (a) of this section for boat registration and titling that are deposited in the general fund. The annual estimated balance in that account may be used by the legislature to make appropriations to the department and the Department of Administration to carry out the purposes of this chapter and AS 30.30.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 35. Sports Facilities Grants › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 35. Sports Facilities Grants › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 35. Sports Facilities Grants › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 35. Sports Facilities Grants › Sec. 05.35.070. Definitions.

In AS 05.35.010 - 05.35.070,
(1) “commissioner” means the commissioner of commerce, community, 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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 and Workforce Development 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 and Workforce Development 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 and Workforce Development 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 and Workforce Development 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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).
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 45. Ski Liability, Safety, and Responsibility › 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.
2023 Alaska Statutes › Title 5. Amusements and Sports › Chapter 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 on terms and conditions and at times and places the department may determine. If the Department of Public Safety refuses or cancels an applicant's permission, the applicant may request a hearing. The hearing shall be conducted under the provisions of AS 44.62 (Administrative Procedure Act).
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 01. Administration › Sec. 06.01.010. Examination and investigation 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, § 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 examination 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 examination 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.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 01. Administration › Sec. 06.01.015. Examinations.

(a) Financial institutions regulated under this title, except licensees subject to AS 06.40, are subject to at least one examination every 18 months. The department may conduct additional examinations and may examine licensees subject to AS 06.40 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.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 01. Administration › Sec. 06.01.020. Department authority to add financial institution powers and limitations.

(a) Notwithstanding other provisions of this title, the department may by order authorize state financial institutions, except licensees subject to AS 06.20, AS 06.40, or AS 06.50, 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 department by this section may not be limited by law unless that law expressly refers to this section.
2023 Alaska Statutes › Title 6. Banks and Financial Institutions › Chapter 01. Administration › Sec. 06.01.050. Definitions.

In this chapter, unless the context otherwise requires,
(1) “commissioner” means the commissioner of commerce, community, and economic development or a designee of the commissioner;
(2) “department” means the Department of Commerce, Community, and Economic Development;
(3) “financial institution” means an institution subject to the regulation of the department under this title; in this paragraph, “institution” includes a commercial bank, savings bank, credit union, premium finance company, small loan company, bank holding company, financial holding company, trust company, savings and loan association, deferred deposit advance licensee under AS 06.50, and a licensee under AS 06.60;
(4) “state financial institution” means a financial institution that is organized under this title or that is subject to examination by the department under this title.