SB 224: "An Act relating to the use of recycled paper by state agencies and state-related entities, by state contractors, by financial institutions dealing with certain state agencies, and by attorneys filing documents in court and certain administrative proceedings; amending Alaska Rule of Civil Procedure 76 and Alaska Rule of Appellate Procedure 212; and providing for an effective date."
00SENATE BILL NO. 224 01 "An Act relating to the use of recycled paper by state agencies and state-related 02 entities, by state contractors, by financial institutions dealing with certain state 03 agencies, and by attorneys filing documents in court and certain administrative 04 proceedings; amending Alaska Rule of Civil Procedure 76 and Alaska Rule of 05 Appellate Procedure 212; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.56.096 is amended by adding a new subsection to read: 08 (d) Notwithstanding the other provisions of this chapter, the corporation may 09 not purchase or participate in the purchase of a loan under this chapter from a private 10 financial institution that uses other than recycled paper in the origination, processing, 11 sale, and, if applicable, servicing of the loan. In this subsection, 12 (1) "document" includes all documents appended to a document, but 13 does not include 14 (A) a photograph;
01 (B) an original document that is prepared or printed before 02 July 1, 1995; or 03 (C) a document that is not created at the direction of or under 04 the control of the financial institution; 05 (2) "recycled paper" means paper in which at least 50 percent of its 06 total weight consists of secondary and postconsumer waste and at least 10 percent of 07 its total weight consists of postconsumer waste; in this paragraph, 08 (A) "postconsumer waste" means a finished material that is 09 normally disposed of as solid waste when it completes its life cycle as a 10 consumer product; 11 (B) "secondary waste" means product fragments and the finished 12 products of a manufacturing process if the manufacturing process converts a 13 virgin resource into a product having economic value; "secondary waste" 14 includes postconsumer waste but does not include mill broke, wood slabs, 15 wood chips, sawdust, or other wood residue from a manufacturing process. 16 * Sec. 2. AS 22.35 is amended by adding a new section to read: 17 Sec. 22.35.020. USE OF RECYCLED PAPER REQUIRED. An attorney who 18 represents another person as an attorney in a proceeding before a court of this state 19 may not submit a document for filing in the court proceeding unless the document is 20 submitted on recycled paper. In this section, 21 (1) "document" includes all documents appended to a document, but 22 does not include 23 (A) a photograph; 24 (B) an original document that is prepared or printed before 25 July 1, 1995; or 26 (C) a document that is not created at the direction of or under 27 the control of the attorney; 28 (2) "recycled paper" means paper in which at least 50 percent of its 29 total weight consists of secondary and postconsumer waste and at least 10 percent of 30 its total weight consists of postconsumer waste; in this paragraph, 31 (A) "postconsumer waste" means a finished material that is
01 normally disposed of as solid waste when it completes its life cycle as a 02 consumer product; 03 (B) "secondary waste" means product fragments and the finished 04 products of a manufacturing process if the manufacturing process converts a 05 virgin resource into a product having economic value; "secondary waste" 06 includes postconsumer waste but does not include mill broke, wood slabs, 07 wood chips, sawdust, or other wood residue from a manufacturing process. 08 * Sec. 3. AS 24.55.275 is amended to read: 09 Sec. 24.55.275. CONTRACT PROCEDURES. The ombudsman shall adopt 10 by regulation procedures consistent with AS 36.30 to be followed by the office of the 11 ombudsman in contracting for services. However, the procedure for requests for 12 proposals does not apply to contracts for investigations under AS 24.55.100. The 13 procedures must require the office of the ombudsman to comply with 14 AS 36.30.095. 15 * Sec. 4. AS 36.30.005(c) is amended to read: 16 (c) Notwithstanding other provisions of law, all rights, powers, duties, and 17 authority relating to the procurement of supplies, services, professional services, and 18 construction and the disposal of supplies for the University of Alaska are transferred 19 to the Board of Regents. To the maximum extent possible, authority granted under 20 this subsection shall be exercised in accordance with this chapter, except that the 21 regulations must require the Board of Regents to comply with AS 36.30.095. The 22 Board of Regents shall adopt regulations under this subsection that are substantially 23 equivalent to the regulations adopted by the commissioner of administration to 24 implement this chapter. For the purposes of this subsection, unless the context 25 otherwise requires, in this chapter 26 (1) "agency" means a subunit of the University of Alaska; 27 (2) "attorney general" means the president of the University of Alaska; 28 (3) "chief procurement officer" means a person designated by the 29 president of the University of Alaska whose qualifications are substantially equivalent 30 to those provided in AS 36.30.010(a); 31 (4) "commissioner," "commissioner of administration," or
01 "commissioner of transportation and public facilities" means the Board of Regents or 02 the president of the University of Alaska if so designated by the Board of Regents by 03 regulations adopted under this subsection; and 04 (5) "department" means the University of Alaska. 05 * Sec. 5. AS 36.30.015(e) is amended to read: 06 (e) The board of directors of the Alaska Railroad Corporation and the board 07 of directors of the Alaska Aerospace Development Corporation shall adopt procedures 08 to govern the procurement of supplies, services, professional services, and construction. 09 The procedures must be substantially equivalent to the procedures prescribed in this 10 chapter and in regulations adopted under this chapter, except that the procedures 11 adopted by the Alaska Railroad Corporation and the Alaska Aerospace 12 Development Corporation must require the Alaska Railroad Corporation and the 13 Alaska Aerospace Development Corporation to comply with AS 36.30.095. 14 * Sec. 6. AS 36.30.015(f) is amended to read: 15 (f) The board of directors of the Alaska Housing Finance Corporation, 16 notwithstanding AS 18.56.088, shall adopt regulations under AS 44.62 (Administrative 17 Procedure Act) and the board of trustees of the Alaska State Pension Investment Board 18 shall adopt regulations under AS 37.10.240 to govern the procurement of supplies, 19 services, professional services, and construction for the respective public corporation 20 and board. The regulations must 21 (1) reflect competitive bidding principles and provide vendors 22 reasonable and equitable opportunities to participate in the procurement process; 23 [AND] 24 (2) include procurement methods to meet emergency and extraordinary 25 circumstances; 26 (3) require the Alaska Housing Finance Corporation and the Alaska 27 Pension Investment Board to comply with AS 36.30.095. 28 * Sec. 7. AS 36.30.020 is amended to read: 29 Sec. 36.30.020. LEGISLATURE. The Legislative Council shall adopt and 30 publish procedures to govern the procurement of supplies, services, professional 31 services, and construction by the legislative branch. The procedures must be based on
01 the competitive principles consistent with this chapter and must be adapted to the 02 special needs of the legislative branch as determined by the Legislative Council. The 03 procedures must be consistent with the provisions of AS 36.30.080(b) - (e) and must 04 require the legislative branch to comply with AS 36.30.095. 05 * Sec. 8. AS 36.30.095 is repealed and reenacted to read: 06 Sec. 36.30.095. RECYCLED PAPER. (a) Except as otherwise required under 07 AS 36.15.050 or AS 36.30.322 - 36.30.338, when a state agency purchases paper, at 08 least 50 percent of the quantity purchased must be recycled paper. 09 (b) When a state agency enters into a procurement contract under this chapter, 10 the agency shall require as a part of the contract that at least 50 percent of the paper 11 used by the contractor in the performance of the contract be recycled paper. 12 (c) In this section, 13 (1) "agency" includes 14 (A) a regional Native housing authority created under 15 AS 18.55.996 and a regional electrical authority created under AS 18.57.020; 16 and 17 (B) the Department of Transportation and Public Facilities, in 18 regard to the repair, maintenance, and reconstruction of vessels, docking 19 facilities, and passenger and vehicle transfer facilities of the Alaska marine 20 highway system; 21 (2) "recycled paper" means paper in which at least 50 percent of its 22 total weight consists of secondary and postconsumer waste and at least 10 percent of 23 its total weight consists of postconsumer waste; in this paragraph, 24 (A) "postconsumer waste" means a finished material that is 25 normally disposed of as solid waste when it completes its life cycle as a 26 consumer product; 27 (B) "secondary waste" means product fragments and the finished 28 products of a manufacturing process if the manufacturing process converts a 29 virgin resource into a product having economic value; "secondary waste" 30 includes postconsumer waste but does not include mill broke, wood slabs, 31 wood chips, sawdust, or other wood residue from a manufacturing process.
01 * Sec. 9. AS 36.30.095(a) is amended to read: 02 (a) Except as otherwise required under AS 36.15.050 or AS 36.30.322 - 03 36.30.338, when a state agency purchases paper, at least 75 [50] percent of the 04 quantity purchased must be recycled paper. 05 * Sec. 10. AS 36.30.095(b) is amended to read: 06 (b) When a state agency enters into a procurement contract under this chapter, 07 the agency shall require as a part of the contract that at least 75 [50] percent of the 08 paper used by the contractor in the performance of the contract be recycled paper. 09 * Sec. 11. AS 44.62 is amended by adding a new section to read: 10 Sec. 44.62.645. USE OF RECYCLED PAPER REQUIRED. (a) An attorney 11 who, acting as an attorney, represents another person in a proceeding under 12 AS 44.62.330 - 44.62.645 may not file a document in the proceeding unless the 13 document is submitted on recycled paper. In this section, 14 (1) "document" includes all documents appended to a document, but 15 does not include 16 (A) a photograph; 17 (B) an original document that is prepared or printed before 18 July 1, 1995; or 19 (C) a document that is not created at the direction of or under 20 the control of the attorney; 21 (2) "recycled paper" means paper in which at least 50 percent of its 22 total weight consists of secondary and postconsumer waste and at least 10 percent of 23 its total weight consists of postconsumer waste; in this paragraph, 24 (A) "postconsumer waste" means a finished material that is 25 normally disposed of as solid waste when it completes its life cycle as a 26 consumer product; 27 (B) "secondary waste" means product fragments and the finished 28 products of a manufacturing process if the manufacturing process converts a 29 virgin resource into a product having economic value; "secondary waste" 30 includes postconsumer waste but does not include mill broke, wood slabs, 31 wood chips, sawdust, or other wood residue from a manufacturing process.
01 * Sec. 12. AS 44.88 is amended by adding a new section to article 8 to read: 02 Sec. 44.88.800. USE OF RECYCLED PAPER REQUIRED. The authority 03 may not purchase a loan or a loan participation from a financial institution if the 04 financial institution uses other than recycled paper in the origination, processing, and 05 sale of the loan. The authority may not guarantee or insure a loan made by a financial 06 institution that uses other than recycled paper in the origination, processing, and 07 guarantee of the loan. In this section, 08 (1) "document" includes all documents appended to a document, but 09 does not include 10 (A) a photograph; 11 (B) an original document that is prepared or printed before 12 July 1, 1995; 13 (C) a document that is not created at the direction of or under 14 the control of the financial institution; or 15 (D) a facsimile copy of a document if the facsimile copy is 16 otherwise allowed to be submitted in place of the original document; 17 (2) "recycled paper" means paper in which at least 50 percent of its 18 total weight consists of secondary and postconsumer waste and at least 10 percent of 19 its total weight consists of postconsumer waste; in this subsection, 20 (A) "postconsumer waste" means a finished material that is 21 normally disposed of as solid waste when it completes its life cycle as a 22 consumer item; 23 (B) "secondary waste" means product fragments and the finished 24 products of a manufacturing process if the manufacturing process converts a 25 virgin resource into a commodity having economic value; "secondary waste" 26 includes postconsumer waste but does not include mill broke, wood slabs, 27 wood chips, sawdust, or other wood residue from a manufacturing process. 28 * Sec. 13. APPLICABILITY. (a) AS 18.56.096(d), enacted by sec. 1 of this Act, applies 29 to loans purchased or participated in by the Alaska Housing Finance Corporation on or after 30 July 1, 1995. 31 (b) AS 22.35.020, enacted by sec. 2 of this Act, applies to documents filed on or after
01 July 1, 1995. 02 (c) AS 24.55.275, AS 36.30.005(c), 36.30.015(e), 36.30.015(f), and 36.30.020, as 03 amended by secs. 3 - 7 of this Act, apply to procurements begun on or after July 1, 1995. 04 (d) AS 36.30.095, enacted by sec. 8 of this Act, applies to procurements begun on or 05 after July 1, 1995. 06 (e) AS 36.30.095(a) and (b), as amended by secs. 9 - 10 of this Act, apply to 07 procurements begun on or after July 1, 1996. 08 (f) AS 44.62.645, enacted by sec. 11 of this Act, applies to documents filed in 09 proceedings under AS 44.62.330 - 44.62.645 begun on or after July 1, 1995. 10 (g) AS 44.88.800, enacted by sec. 12 of this Act, applies to loans sold to, participated 11 in, insured, or guaranteed by the Alaska Industrial Development and Export Authority on or 12 after July 1, 1995. 13 * Sec. 14. COURT RULE AMENDMENTS. (a) AS 22.35.020, enacted by sec. 2 of this 14 Act, amends Alaska Rule of Civil Procedure 76 by changing the criteria for the paper that can 15 be used for pleadings and other papers filed in civil cases by an attorney acting in the capacity 16 of an attorney. 17 (b) AS 22.35.020, enacted by sec. 2 of this Act, amends Alaska Rule of Appellate 18 Procedure 212 by changing the criteria for the paper that can be used for briefs filed in 19 appeals by an attorney acting in the capacity of an attorney. 20 * Sec. 15. EFFECTIVE DATES. (a) Sections 1 - 8, 11, and 12 of this Act take effect 21 July 1, 1995. 22 (b) Sections 9 and 10 of this Act take effect July 1, 1996.