CSSB 277(JUD): "An Act relating to the giving of certain state agency notices; relating to the elimination of the Alaska Administrative Journal and to the establishment of the Alaska Online Public Notice System for the giving of certain notices; and providing for an effective date."
00CS FOR SENATE BILL NO. 277(JUD) 01 "An Act relating to the giving of certain state agency notices; relating to the 02 elimination of the Alaska Administrative Journal and to the establishment of the 03 Alaska Online Public Notice System for the giving of certain notices; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 36.30.130(a) is amended to read: 07 (a) The procurement officer shall give adequate public notice of the invitation 08 to bid at least 21 days before the date for the opening of bids. If the procurement 09 officer determines in writing that a shorter notice period is advantageous for a 10 particular bid and adequate competition is anticipated, the 21-day period may be 11 shortened. Notice shall be posted on the Alaska Online Public Notice System 12 established under AS 44.62.175 [PUBLISHED IN THE ALASKA 13 ADMINISTRATIVE JOURNAL]. The time and manner of notice must be in 14 accordance with regulations adopted by the commissioner of administration. When
01 practicable, notice may include 02 (1) publication in a newspaper calculated to reach prospective bidders; 03 (2) notices posted in public places within the area where the work is 04 to be performed or the material furnished; and 05 (3) notices mailed to all active prospective contractors on the 06 appropriate list maintained under AS 36.30.050. 07 * Sec. 2. AS 39.52.240(h) is amended to read: 08 (h) The attorney general shall post on the Alaska Online Public Notice 09 System established under AS 44.62.175 [PUBLISH IN THE ALASKA 10 ADMINISTRATIVE JOURNAL], with sufficient deletions to prevent disclosure of the 11 persons whose identities are confidential under (g) of this section, the advisory 12 opinions issued under this section that the attorney general determines to be of major 13 import because of their general applicability to executive branch officers. 14 * Sec. 3. AS 44.19 is amended by adding a new section to read: 15 Sec. 44.19.021. Powers of the lieutenant governor. (a) To promote public 16 awareness and in the best interests of the state, the lieutenant governor, under the 17 provisions of AS 36.30, may provide for the availability of consolidated space in 18 newspapers of general circulation and in trade and industry publications for the 19 publication of notices regarding state agency regulations as required by AS 44.62.010 - 20 44.62.290. The lieutenant governor may require state agencies to participate in the use 21 of consolidated space provided under this section and may waive the requirement if 22 nonparticipation is in the best interests of the state. 23 (b) In this section, "state agency" means a department, board, commission, 24 division, authority, public corporation, or other administrative unit of the executive 25 branch of state government. 26 * Sec. 4. AS 44.62.175 is repealed and reenacted to read: 27 Sec. 44.62.175. Alaska Online Public Notice System. (a) The lieutenant 28 governor shall develop and supervise the Alaska Online Public Notice System, to be 29 maintained on the state's site on the Internet. The lieutenant governor shall prescribe 30 the form of notices posted on the system by state agencies. The Alaska Online Public 31 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 10 of 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 formal opinions and 17 memoranda of advice of the attorney general; 18 (10) a list of vacancies on boards, commissions, and other bodies 19 whose members are appointed by the governor; and 20 (11) in accordance with AS 39.52.240(h), advisory opinions of the 21 attorney general. 22 (b) The issuer of the notice, order, delegation, text, summary, or list in (a) of 23 this section shall post on the Alaska Online Public Notice System the notice, order, 24 delegation, text, summary, or list, prepared in the format required by the lieutenant 25 governor. 26 (c) A request for a printed copy of a required posting on the Alaska Online 27 Public Notice System may be made under AS 09.25.110 - 09.25.220 to any state 28 employee designated by the lieutenant governor to receive requests. 29 (d) The lieutenant governor shall provide for a permanent, electronic archive 30 system of notices posted on the Alaska Online Public Notice System under this 31 section. Access to the electronic archive system shall be made available to the public.
01 (e) The lieutenant governor may delegate duties under this section to qualified 02 state employees. 03 (f) A person may not maintain an action based on a posting or lack of posting 04 on the Alaska Online Public Notice System. 05 * Sec. 5. AS 44.62.190(a) is amended to read: 06 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 07 notice of the proposed action shall be 08 (1) published in the newspaper of general circulation or trade or 09 industry publication that the state agency prescribes and posted on [IN] the Alaska 10 Online Public Notice System [ALASKA ADMINISTRATIVE JOURNAL]; in the 11 discretion of the state agency giving the notice, the requirement of publication in a 12 newspaper or trade or industry publication may be satisfied by using a combination of 13 publication and broadcasting; [WHEN BROADCASTING THE NOTICE, AN 14 AGENCY MAY USE AN ABBREVIATED FORM OF THE NOTICE IF THE 15 BROADCAST PROVIDES THE NAME AND DATE OF THE NEWSPAPER OR 16 TRADE OR INDUSTRY JOURNAL WHERE THE FULL TEXT OF THE NOTICE 17 CAN BE FOUND;] 18 (2) furnished [MAILED] to every person who has filed a request for 19 notice of proposed action with the state agency; 20 (3) if the agency is within a department, furnished [MAILED OR 21 DELIVERED] to the commissioner of the department; 22 (4) when appropriate in the judgment of the agency, 23 (A) furnished [MAILED] to a person or group of persons who 24 [WHOM] the agency believes is interested in the proposed action; and 25 (B) provided [PUBLISHED] in the additional form and manner 26 the state agency prescribes; 27 (5) furnished to the Department of Law together with a copy of the 28 proposed regulation, amendment, or order of repeal for the department's use in 29 preparing the opinion required after adoption and before filing by AS 44.62.060; 30 (6) furnished to all incumbent State of Alaska legislators and the 31 Legislative Affairs Agency;
01 (7) furnished to the standing committee of each house of the legislature 02 having legislative jurisdiction over the subject matter treated by the regulation under 03 the Uniform Rules of the Alaska State Legislature, together with a copy of the 04 proposed regulation, amendment, or order of repeal for the committee's use in 05 conducting the review authorized by AS 24.05.182; 06 (8) furnished to the staff of the Administrative Regulation Review 07 Committee, together with a copy of the proposed regulation, amendment, or order of 08 repeal and, if preparation of an appropriation increase estimate is required by 09 AS 44.62.195, a copy of the estimate. 10 * Sec. 6. AS 44.62.190(c) is amended to read: 11 (c) The failure to furnish [MAIL] notice to a person as provided in this 12 section does not invalidate an action taken by an agency under AS 44.62.180 - 13 44.62.290. 14 * Sec. 7. AS 44.62.200(a) is amended to read: 15 (a) The notice of proposed adoption, amendment, or repeal of a regulation that 16 is published under AS 44.62.175 on the Alaska Online Public Notice System or is 17 provided under AS 44.62.190(a)(2) - (8) must include the information described in 18 (1) - (7) of this subsection. The notice that is published in a newspaper of general 19 circulation or trade or industry publication or that is broadcast must include the 20 information described in (1), (4), and (6) of this subsection. The information that 21 must be provided according to requirements set out in this subsection is 22 (1) a statement of the time, place, and nature of proceedings for 23 adoption, amendment, or repeal of the regulation; 24 (2) reference to the authority under which the regulation is proposed 25 and a reference to the particular code section or other provisions of law that are being 26 implemented, interpreted, or made specific; 27 (3) an informative summary of the proposed subject of agency action; 28 (4) other matters prescribed by a statute applicable to the specific 29 agency or to the specific regulation or class of regulations; 30 (5) a summary of the fiscal information required to be prepared under 31 AS 44.62.195 ;
01 ( 6) a brief general description of the proposed subject of agency 02 action, how more detailed information may be obtained, and the name of the 03 agency contact person; 04 (7) the reason for the proposed action, the initial cost to the state 05 agency of implementation, the estimated annual costs to the state agency of 06 implementation, the name of the contact person for the state agency, and the 07 origin of the proposed action . 08 * Sec. 8. AS 44.62.200(c) is amended to read: 09 (c) An agency that issues a notice under this section shall assure that the notice 10 is prepared in a form adequate for posting on the Alaska Online Public Notice 11 System [PUBLICATION IN THE ALASKA ADMINISTRATIVE JOURNAL]. 12 * Sec. 9. AS 44.62.245(b) is amended to read: 13 (b) When the amended version of a document or other material incorporated 14 by reference in a regulation as described in (a) of this section becomes available, the 15 state agency shall 16 (1) make the amended version of the document or other material 17 available to the public for review; and 18 (2) post on the Alaska Online Public Notice System, and publish in 19 a newspaper of general circulation, a trade or industry publication, or a regularly 20 published agency newsletter or similar printed publication [THE ALASKA 21 ADMINISTRATIVE JOURNAL], not later than 15 days after the amended version of 22 the document or other material becomes available, a notice that describes the affected 23 regulation, the effective date of the amended version of the document or other material, 24 and how a copy of the amended version may be obtained or reviewed. 25 * Sec. 10. AS 44.62.310(e) is amended to read: 26 (e) Reasonable public notice shall be given for all meetings required to be 27 open under this section. The notice must include the date, time, and place of the 28 meeting and, if the meeting is by teleconference, the location of any teleconferencing 29 facilities that will be used. Subject to posting notice of a meeting on the Alaska 30 Online Public Notice System as [THE PUBLICATION] required by AS 44.62.175(a) 31 [IN THE ALASKA ADMINISTRATIVE JOURNAL], the notice may be given by
01 using print or broadcast media. The notice shall be posted at the principal office of 02 the public entity or, if the public entity has no principal office, at a place designated 03 by the governmental body. The governmental body shall provide notice in a consistent 04 fashion for all its meetings. 05 * Sec. 11. AS 44.62.190(d) is repealed. 06 * Sec. 12. The uncodified law of the State of Alaska is amended by adding a new section 07 to read: 08 ALASKA ADMINISTRATIVE CODE REVISION INSTRUCTIONS. Wherever in 09 the Alaska Administrative Code the term "Alaska Administrative Journal" is used, it shall be 10 read as "Alaska Online Public Notice System" when to do so would be consistent with the 11 changes made by this Act. Under AS 44.62.125, the regulations attorney shall implement this 12 section in the administrative code. 13 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).