CSHB 271(STA): "An Act relating to the Alaska Industrial Development and Export Authority; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 271(STA) 01 "An Act relating to the Alaska Industrial Development and Export Authority; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.88.030(a) is amended to read: 05 (a) The membership of the authority consists of 06 (1) the commissioner of revenue and the commissioner of commerce, 07 community, and economic development; and 08 (2) five public members appointed by the governor and confirmed by 09 a majority of the members of the legislature in joint session, each of whom has 10 expertise in private sector business or industry, or both, and possesses demonstrated 11 leadership skills. 12 * Sec. 2. AS 44.88.030(c) is amended to read: 13 (c) Public members of the authority described in (a)(2) of this section serve 14 staggered five-year [AT THE PLEASURE OF THE GOVERNOR FOR TWO-
01 YEAR] terms. 02 * Sec. 3. AS 44.88.085(b) is amended to read: 03 (b) The authority may adopt regulations [UNDER THIS SECTION BY 04 MOTION OR] by resolution [OR IN ANY OTHER MANNER PERMITTED BY ITS 05 BYLAWS]. 06 * Sec. 4. AS 44.88.085(d) is amended to read: 07 (d) Except as provided in (e) of this section, at least 30 [15] days before the 08 adoption, amendment, or repeal of a regulation, the authority shall give public notice 09 of the proposed action by publishing the notice in at least three newspapers of general 10 circulation in the state, by publishing the notice on the authority's Internet website, 11 and by mailing a copy of the notice to every person who has filed a request for notice 12 of proposed regulations with the authority. The public notice must include a statement 13 of the time, place, and nature of the proceedings for the adoption, amendment, or 14 repeal of the regulation and must include an informative summary of the subject of the 15 proposed action. On the date and at the time and place designated in the notice, the 16 authority shall give each interested person or an authorized representative of the 17 person, or both, the opportunity to present statements, arguments, or contentions orally 18 or in writing and shall give each member [MEMBERS] of the public an opportunity 19 to present oral statements, arguments, or contentions for not less than two minutes 20 [A TOTAL PERIOD OF AT LEAST ONE HOUR]. The authority shall consider all 21 relevant matter presented to it before taking the proposed action on the regulation, and 22 shall publish written responses to public comments. At a hearing under this 23 subsection, the authority may continue or postpone the hearing to a time and place 24 determined by the authority and announced at the hearing before taking the action to 25 continue or postpone the hearing. The authority shall publish written justification 26 when adopting, amending, or repealing a regulation. A regulation adopted, 27 amended, or repealed by the authority may vary from the informative summary 28 specified in this subsection if the subject matter of the action taken on the regulation 29 remains the same and if the original notice of the proposed action was written so as to 30 assure that members of the public are reasonably notified of the subject matter of the 31 proposed action in order for them to determine whether their interests could be
01 affected by the authority's proposed action on that subject. 02 * Sec. 5. AS 44.88.215 is repealed and reenacted to read: 03 Sec. 44.88.215. Records and information; public records. (a) The records or 04 information submitted to the authority are public records under AS 40.25.110 - 05 40.25.220. 06 (b) Before accepting submission of records or information, the authority shall 07 require a written waiver acknowledging that the submission is a public record under 08 AS 40.25.110 - 40.25.220. 09 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 MEMBERS OF THE ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT 12 AUTHORITY: TRANSITION. (a) The terms of the members of the Alaska Industrial 13 Development and Export Authority, other than the commissioner of revenue and the 14 commissioner of commerce, community, and economic development, expire on the date the 15 legislature has confirmed at least two members appointed by the governor under (b) of this 16 section. 17 (b) Notwithstanding AS 44.88.030(c), as amended by sec. 2 of this Act, members of 18 the Alaska Industrial Development and Export Authority appointed by the governor under 19 AS 44.88.030(a), as amended by sec. 1 of this Act, are appointed by the governor to initial 20 terms as follows: 21 (1) one member for one year; 22 (2) one member for two years; 23 (3) one member for three years; 24 (4) one member for four years; 25 (5) one member for five years. 26 (c) Nothing in this section prevents the appointment of a person whose term expires 27 under (a) of this section as a member of the Alaska Industrial Development and Export 28 Authority if the person meets the qualifications under AS 44.88.030, as amended by secs. 1 29 and 2 of this Act. 30 * Sec. 7. This Act takes effect January 1, 2023.