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SB 36: "An Act relating to electronic publication of certain municipal notices and to publication and electronic distribution of reports by state agencies."

00                             SENATE BILL NO. 36                                                                          
01 "An Act relating to electronic publication of certain municipal notices and to                                          
02 publication and electronic distribution of reports by state agencies."                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 29.45.020(a) is amended to read:                                                                   
05            (a) If a municipality levies and collects property taxes, the governing body                                 
06       shall provide the following notice:                                                                               
07                        "NOTICE TO TAXPAYER                                                                              
08            For the current fiscal year the (city)(borough) has been allocated the                                       
09            following amount of state aid for school and municipal purposes under                                        
10            the applicable financial assistance Acts:                                                                    
11            PUBLIC SCHOOL FUNDING PROGRAM (AS 14.17)     $                                                               
12            STATE AID FOR RETIREMENT OF SCHOOL          $                                                                
13                 CONSTRUCTION DEBT (AS 14.11.100)                                                                        
14            COMMUNITY REVENUE SHARING PROGRAM           $                                                                
01                 (AS 29.60.850 - 29.60.879)                                                                              
02            TOTAL AID                                   $                                                                
03            The millage equivalent of this state aid, based on the dollar value of a                                     
04            mill in the municipality during the current assessment year and for the                                      
05            preceding assessment year, is:                                                                               
06                                          MILLAGE EQUIVALENT                                                             
07                                       PREVIOUS YEAR  THIS YEAR                                                          
08            PUBLIC SCHOOL FUNDING         . . . .MILLS . . . .MILLS                                                      
09                 PROGRAM ASSISTANCE                                                                                      
10            STATE AID FOR RETIREMENT       . . . .MILLS  . . . .MILLS                                                    
11                 OF SCHOOL CONSTRUCTION                                                                                  
12                 DEBT                                                                                                    
13            COMMUNITY REVENUE             . . . .MILLS  . . . .MILLS                                                     
14                 SHARING PROGRAM                                                                                         
15            TOTAL MILLAGE EQUIVALENT      . . . .MILLS  . . . .MILLS"                                                    
16       Notice shall be provided by                                                                                       
17                 (1) furnishing a copy of the notice with tax statements mailed for the                                  
18       fiscal year for which aid is received; or                                                                         
19                 (2) publishing in a newspaper of general circulation in the municipality                                
20       a copy of the notice once each week for a period of three successive weeks, with                                  
21       publication to occur not later than 45 days after the final adoption of the municipality's                        
22       budget; instead of newspaper publication, a municipality may by ordinance                                     
23       provide for electronic publication by posting the notice for three consecutive                                
24       weeks on a municipal Internet website accessible to the public.                                               
25    * Sec. 2. AS 29.45.330(a) is amended to read:                                                                      
26            (a) A municipality shall                                                                                     
27                 (1) annually present a petition for judgment and a certified copy of the                                
28       foreclosure list for the previous year's delinquent taxes in the superior court for                               
29       judgment;                                                                                                         
30                 (2) publish the foreclosure list for four consecutive weeks in a                                        
31       newspaper of general circulation distributed in the municipality, on a municipal                              
01       Internet website accessible to the public, or, if there is no newspaper of general                            
02       circulation distributed in the municipality and no municipal Internet website, post                           
03       the list at three public places for at least 30 days;                                                             
04                 (3) within 10 days after the first publication or posting, mail to the last                             
05       known owner of each property as the owner's name and address appear on the list a                                 
06       notice advising of the foreclosure proceeding in which a petition for judgment of                                 
07       foreclosure has been filed and describing the property and the amount due as stated on                            
08       the list.                                                                                                         
09    * Sec. 3. AS 29.45.440(a) is amended to read:                                                                      
10            (a) At least 30 days before the expiration of the redemption period the clerk or                             
11       the clerk's designee shall publish a redemption period expiration notice. The notice                              
12       must contain the date of judgment, the date of expiration of the period of redemption,                            
13       and a warning that all properties ordered sold under the judgment, unless redeemed,                               
14       shall be deeded to the municipality immediately on expiration of the period of                                    
15       redemption and that every right or interest of a person in the properties will be                                 
16       forfeited forever to the municipality. The notice appears once a week for four                                    
17       consecutive weeks in a newspaper of general circulation distributed in the                                        
18       municipality or on a municipal Internet website accessible to the public. If there is                         
19       no newspaper of general circulation distributed in the municipality and no municipal                          
20       Internet website, the notice is posted in three public places for at least four                               
21       consecutive weeks. The clerk shall send a copy of the notice by certified mail to each                            
22       record owner of property against which a judgment of foreclosure has been taken and,                              
23       if the assessed value of the property is more than $10,000, to all holders of mortgages                           
24       or other liens of record on the property. The notice shall be mailed within five days                             
25       after the first publication. The mailing shall be sufficient if mailed to the property                            
26       owner and to the holder of a mortgage or recorded lien at the last address of record.                             
27    * Sec. 4. AS 44.62.175(a) is amended to read:                                                                      
28            (a) The lieutenant governor shall develop and supervise the Alaska Online                                    
29       Public Notice System, to be maintained on the state's site on the Internet. The                                   
30       lieutenant governor shall prescribe the form of notices posted on the system by state                             
31       agencies. The Alaska Online Public Notice System must include                                                     
01                 (1) notices of proposed actions given under AS 44.62.190(a);                                            
02                 (2) notices of state agency meetings required under AS 44.62.310(e),                                    
03       even if the meeting has been held;                                                                                
04                 (3) notices of solicitations to bid issued under AS 36.30.130;                                          
05                 (4) notices of state agency requests for proposals issued under                                         
06       AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and                                            
07       AS 43.40.010;                                                                                                     
08                 (5) executive orders and administrative orders issued by the governor;                                  
09                 (6) written delegations of authority made by the governor or the head of                                
10       a principal department under AS 44.17.010;                                                                        
11                 (7) the text or a summary of the text of a regulation or order of repeal                                
12       of a regulation for which notice is given under AS 44.62.190(a), including an                                     
13       emergency regulation or repeal regardless of whether it has taken effect;                                         
14                 (8) notices required by AS 44.62.245(b) regarding an amended version                                    
15       of a document or other material incorporated by reference in a regulation;                                        
16                 (9) a summary of the text of recently issued published opinions of the                                  
17       attorney general;                                                                                                 
18                 (10) a list of vacancies on boards, commissions, and other bodies                                       
19       whose members are appointed by the governor;                                                                      
20                 (11) in accordance with AS 39.52.240(h), advisory opinions of the                                       
21       attorney general; [AND]                                                                                           
22                 (12) notices required by AS 26.30.010(d) and (e) regarding applications                                 
23       for military facility zones; and                                                                              
24                 (13) reports of state agencies, if required under AS 44.99.250.                                     
25    * Sec. 5. AS 44.99 is amended by adding new sections to read:                                                      
26                  Article 3A. Distribution of Agency Reports.                                                          
27            Sec. 44.99.250. Electronic distribution and posting. (a) A state agency that                               
28       produces and distributes a report shall, if the agency has the technological capability to                        
29       do so, provide copies electronically and post the report on the Alaska Online Public                              
30       Notice System (AS 44.62.175). An agency may not produce print copies of reports                                   
31       except as                                                                                                         
01                 (1) required                                                                                            
02                      (A) under AS 14.56.120;                                                                            
03                      (B) by agreement; or                                                                               
04                      (C) by federal law; or                                                                             
05                 (2) requested under AS 44.99.260 or specifically approved by the head                                   
06       of a state agency or the head's designee.                                                                         
07            (b) Except as provided in (a) of this section, electronic distribution and                                   
08       electronic posting on the Alaska Online Public Notice System (AS 44.62.175) fulfills                              
09       any obligation in state law to publish, prepare, or present a report, and electronic                              
10       distribution fulfills any obligation in state law to submit a report.                                           
11            Sec. 44.99.260. Print copy requests. A person may obtain a print copy of a                                 
12       report from the state library distribution and data access center under AS 14.56.170.                             
13            Sec. 44.99.270. Graphic design for reports. Notwithstanding AS 44.99.200,                                  
14       when preparing reports, a state agency may not hire contractors to provide                                        
15       photographs or graphics unless                                                                                    
16                 (1) no agency employee qualified to perform the work is available; or                                   
17                 (2) the agency would use fewer state resources by hiring a contractor.                                  
18            Sec. 44.99.290. Definitions. In AS 44.99.250 - 44.99.290,                                                  
19                 (1) "report" means an official document that a state agency is required                                 
20       by law to prepare and distribute to the legislature or the public;                                                
21                 (2)  "state agency" means a department, institution, board, commission,                                 
22       division, authority, public corporation, committee, or other administrative unit of the                           
23       executive branch of state government, including the University of Alaska, the Alaska                              
24       Railroad Corporation, the Alaska Permanent Fund Corporation, and the Alaska                                       
25       Housing Finance Corporation.