00 SENATE BILL NO. 277                                                                                                   
01 "An Act relating to the elimination of the Alaska Administrative Journal and the                                        
02 establishment of the Alaska Online Public Notice System; amending public notice                                         
03 publication requirements for regulations; and providing for an effective date."                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 36.30.130(a) is amended to read:                                                                  
06  (a)  The procurement officer shall give adequate public notice of the invitation                                      
07 to bid at least 21 days before the date for the opening of bids.  If the procurement                                    
08 officer determines in writing that a shorter notice period is advantageous for a                                        
09 particular bid and adequate competition is anticipated, the 21-day period may be                                        
10 shortened.  Notice shall be  posted on the Alaska Online Public Notice System                                          
11 established under AS 44.62.175  [PUBLISHED IN THE ALASKA                                                               
12 ADMINISTRATIVE JOURNAL].  The time and manner of notice must be in                                                      
13 accordance with regulations adopted by the commissioner of administration.  When                                        
14 practicable, notice may include                                                                                         
01   (1)  publication in a newspaper calculated to reach prospective bidders;                                             
02   (2)  notices posted in public places within the area where the work is                                               
03 to be performed or the material furnished; and                                                                          
04   (3)  notices mailed to all active prospective contractors on the                                                     
05 appropriate list maintained under AS 36.30.050.                                                                         
06    * Sec. 2.  AS 39.52.240(h) is amended to read:                                                                     
07  (h)  The attorney general shall  post on the Alaska Online Public Notice                                             
08 System established under AS 44.62.175  [PUBLISH IN THE ALASKA                                                          
09 ADMINISTRATIVE JOURNAL], with sufficient deletions to prevent disclosure of the                                         
10 persons whose identities are confidential under (g) of this section, the advisory                                       
11 opinions issued under this section that the attorney general determines to be of major                                  
12 import because of their general applicability to executive branch officers.                                             
13    * Sec. 3.  AS 44.62.175 is repealed and reenacted to read:                                                         
14  Sec. 44.62.175.  Alaska Online Public Notice System.  (a)  The lieutenant                                           
15 governor shall develop and supervise the Alaska Online Public Notice System, to be                                      
16 maintained on the state's site on the Internet.  The lieutenant governor shall prescribe                                
17 the form of notices posted on the system by state agencies.  The Alaska Online Public                                   
18 Notice System must include                                                                                              
19   (1)  notices of proposed actions given under AS 44.62.190(a);                                                        
20   (2)  notices of state agency meetings required under AS 44.62.310(e),                                                
21 even if the meeting has been held;                                                                                      
22   (3)  notices of solicitations to bid issued under AS 36.30.130;                                                      
23   (4)  notices of state agency requests for proposals issued under                                                     
24 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and                                                  
25 AS 43.40.010;                                                                                                           
26   (5)  executive orders and administrative orders issued by the governor;                                              
27   (6)  written delegations of authority made by the governor or the head                                               
28 of a principal department under AS 44.17.010;                                                                           
29   (7)  the text or a summary of the text of a regulation or order of repeal                                            
30 of a regulation for which notice is given under AS 44.62.190(a), including an                                           
31 emergency regulation or repeal regardless of whether it has taken effect;                                               
01   (8)  notices required by AS 44.62.245(b) regarding an amended version                                                
02 of a document or other material incorporated by reference in a regulation;                                              
03   (9)  a summary of the text of recently issued formal opinions and                                                    
04 memoranda of advice of the attorney general;                                                                            
05   (10)  a list of vacancies on boards, commissions, and other bodies                                                   
06 whose members are appointed by the governor; and                                                                        
07   (11)  in accordance with AS 39.52.240(h), advisory opinions of the                                                   
08 attorney general.                                                                                                       
09  (b)  The issuer of the notice, order, delegation, text, summary, or list in (a) of                                    
10 this section shall post on the Alaska Online Public Notice System the notice, order,                                    
11 delegation, text, summary, or list, prepared in the format required by the lieutenant                                   
12 governor.                                                                                                               
13  (c)  A request for a printed copy of a required posting on the Alaska Online                                          
14 Public Notice System may be made under AS 09.25.110 - 09.25.220 to any state                                            
15 employee designated by the lieutenant governor to receive requests.                                                     
16  (d)  The lieutenant governor shall provide for a permanent, electronic archive                                        
17 system of notices posted on the Alaska Online Public Notice System under this                                           
18 section.  Access to the electronic archive system shall be made available to the public.                                
19  (e)  The lieutenant governor may delegate duties under this section to qualified                                      
20 state employees.                                                                                                        
21  (f)  A person may not maintain an action based on a posting or lack of posting                                        
22 on the Alaska Online Public Notice System.                                                                              
23    * Sec. 4.  AS 44.62.190(a) is amended to read:                                                                     
24  (a)  At least 30 days before the adoption, amendment, or repeal of a regulation,                                      
25 notice of the proposed action shall be                                                                                  
26   (1)  published in the newspaper of general circulation or trade or                                                   
27 industry publication that the state agency prescribes and  posted on the Alaska Online                                 
28 Public Notice System  [IN THE ALASKA ADMINISTRATIVE JOURNAL]; in the                                                   
29 discretion of the state agency giving the notice, the requirement of publication in a                                   
30 newspaper or trade or industry publication may be satisfied by using a combination of                                   
31 publication and broadcasting; when broadcasting the notice, an agency may use an                                        
01 abbreviated form of the notice if the broadcast provides the name and date of the                                       
02 newspaper or trade or industry journal  and the Internet address of the Alaska                                         
03 Online Public Notice System  where the full text of the notice can be found;                                           
04   (2)  mailed to every person who has filed a request for notice of                                                    
05 proposed action with the state agency;                                                                                  
06   (3)  if the agency is within a department, mailed or delivered to the                                                
07 commissioner of the department;                                                                                         
08   (4)  when appropriate in the judgment of the agency,                                                                 
09   (A)  mailed to a person or group of persons whom the agency                                                         
10 believes is interested in the proposed action; and                                                                      
11   (B)  published in the additional form and manner the state                                                          
12 agency prescribes;                                                                                                      
13   (5)  furnished  to  the Department of Law together with a copy of the                                              
14 proposed regulation, amendment, or order of repeal for the department's use in                                          
15 preparing the opinion required after adoption and before filing by AS 44.62.060;                                        
16   (6)  furnished to all incumbent State of Alaska legislators and the                                                  
17 Legislative Affairs Agency;                                                                                             
18   (7)  furnished to the standing committee of each house of the legislature                                            
19 having legislative jurisdiction over the subject matter treated by the regulation under                                 
20 the Uniform Rules of the Alaska State Legislature, together with a copy of the                                          
21 proposed regulation, amendment, or order of repeal for the committee's use in                                           
22 conducting the review authorized by AS 24.05.182;                                                                       
23   (8)  furnished to the staff of the Administrative Regulation Review                                                  
24 Committee, together with a copy of the proposed regulation, amendment, or order of                                      
25 repeal and, if preparation of an appropriation increase estimate is required by                                         
26 AS 44.62.195, a copy of the estimate.                                                                                   
27    * Sec. 5.  AS 44.62.200(c) is amended to read:                                                                     
28  (c)  An agency that issues a notice under this section shall assure that the notice                                   
29 is prepared in a form adequate for  posting on the Alaska Online Public Notice                                         
30 System  [PUBLICATION IN THE ALASKA ADMINISTRATIVE JOURNAL].                                                            
31    * Sec. 6.  AS 44.62.245(b) is amended to read:                                                                     
01  (b)  When the amended version of a document or other material incorporated                                            
02 by reference in a regulation as described in (a) of this section becomes available, the                                 
03 state agency shall                                                                                                      
04   (1)  make the amended version of the document or other material                                                      
05 available to the public for review; and                                                                                 
06   (2)  post on the Alaska Online Public Notice System, and  publish in                                               
07  a newspaper of general circulation, a trade or industry publication, or a regularly                                   
08 published agency newsletter or similar printed publication  [THE ALASKA                                                
09 ADMINISTRATIVE JOURNAL], not later than 15 days after the amended version of                                            
10 the document or other material becomes available, a notice that describes the affected                                  
11 regulation, the effective date of the amended version of the document or other material,                                
12 and how a copy of the amended version may be obtained or reviewed.                                                      
13    * Sec. 7.  AS 44.62.310(e) is amended to read:                                                                     
14  (e)  Reasonable public notice shall be given for all meetings required to be                                          
15 open under this section.  The notice must include the date, time, and place of the                                      
16 meeting and, if the meeting is by teleconference, the location of any teleconferencing                                  
17 facilities that will be used.  Subject to  posting notice of a meeting on the Alaska                                   
18 Online Public Notice System as  [THE PUBLICATION] required by AS 44.62.175(a)                                          
19 [IN THE ALASKA ADMINISTRATIVE JOURNAL], the notice may be given by                                                      
20 using print or broadcast media.  The notice shall be posted at the principal office of                                  
21 the public entity or, if the public entity has no principal office, at a place designated                               
22 by the governmental body.  The governmental body shall provide notice in a consistent                                   
23 fashion for all its meetings.                                                                                           
24    * Sec. 8.  The uncodified law of the State of Alaska is amended by adding a new section                            
25 to read:                                                                                                                
26  ALASKA ADMINISTRATIVE CODE REVISION INSTRUCTIONS.  Wherever in                                                         
27 the Alaska Administrative Code the term "Alaska Administrative Journal" is used, it shall be                            
28 read as "Alaska Online Public Notice System" when to do so would be consistent with the                                 
29 changes made by this Act.  Under AS 44.62.125, the regulations attorney shall implement this                            
30 section in the administrative code.                                                                                     
31    * Sec. 9.  This Act takes effect immediately under AS 01.10.070(c).