00Enrolled SB 148                                                                                                         
01 Relating to limitation of state liability on certain federal highway programs; and providing for                        
02 an effective date.                                                                                                      
03                           _______________                                                                               
04    * Section 1. AS 44.42.300 is amended by adding a new subsection to read:                                           
05            (d)  Except for actions alleging independent negligence by the state or its                                  
06       employees, an action may not be brought against the state or employees of the state for                           
07       a claim arising out of design, operations, maintenance, or construction activities                                
08       performed by, or under the management of, federally recognized tribes in Alaska                                   
09       acting in furtherance of the Indian Reservation Roads Program under 25 C.F.R. 170 or                              
10       the Indian Reservation Roads Bridge Program under 23 U.S.C. 202, and the program                                  
11       or relevant state-tribal agreement requires compliance with all applicable federal and                            
12       state standards. In this subsection, "independent negligence" means negligence that is                            
13       not due to the state's selection, supervision, administration, monitoring, or controlling                         
14       of the activities of the tribe, the tribe's agents, employees, or contractors, or the state's                     

01       approving or accepting any of the work performed under programs listed in this                                    
02       subsection.                                                                                                       
03    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05       APPLICABILITY. This Act applies to claims arising on or after the effective date of                               
06 this Act.                                                                                                               
07    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
08 read:                                                                                                                   
09       REVISOR'S INSTRUCTION. The revisor of statutes shall change the section heading                                   
10 of AS 44.42.300 from "Authorization to participate in certain federal highway programs" to                              
11 "Participation in certain federal highway programs."                                                                    
12    * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).