Enrolled SB 271: Authorizing the commissioner of transportation and public facilities to participate in certain federal highway programs and relating to that authorization; relating to powers of the attorney general to waive immunity from suit in federal court related to those programs; and providing for an effective date.
00Enrolled SB 271 01 Authorizing the commissioner of transportation and public facilities to participate in certain 02 federal highway programs and relating to that authorization; relating to powers of the attorney 03 general to waive immunity from suit in federal court related to those programs; and providing 04 for an effective date. 05 _______________ 06 * Section 1. AS 44.23.020 is amended by adding a new subsection to read: 07 (g) The attorney general may, in cases that involve compliance, discharge, or 08 enforcement of responsibilities assumed by the Department of Transportation and 09 Public Facilities under AS 44.42.300, waive the state's immunity from suit in federal 10 court provided under the Eleventh Amendment to the Constitution of the United 11 States. 12 * Sec. 2. AS 44.42 is amended by adding a new section to read: 13 Article 2A. Certain Federal Highway Programs. 14 Sec. 44.42.300. Authorization to participate in certain federal highway
01 programs. (a) The department may 02 (1) assume responsibilities under 23 U.S.C. 325 - 327, including 03 (A) the filing of applications with the United States Department 04 of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and 05 (B) taking those actions necessary to meet the application 06 requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4); 07 (2) enter one or more memoranda of understanding with the United 08 States Department of Transportation related to federal highway programs as provided 09 in 23 U.S.C. 325 - 327; 10 (3) accept, receive, and administer grants, other money, or gifts from 11 public and private agencies, including the federal government, for the purpose of 12 carrying out the programs authorized under this section; and 13 (4) cooperate with the federal government in implementing this section 14 and any memorandum of understanding entered into under this section. 15 (b) Notwithstanding any contrary provisions of law, in implementing a 16 program under this section that is approved by the United States Department of 17 Transportation, the department is authorized to 18 (1) perform or conduct any of the activities described in any 19 memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327; 20 (2) take actions necessary to implement the program; and 21 (3) adopt relevant federal environmental standards as the standards for 22 this state for the programs described in (a) of this section. 23 (c) The department may adopt regulations under AS 44.62 (Administrative 24 Procedure Act) to carry out this section. 25 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).