HB 434: "An Act authorizing the commissioner of transportation and public facilities to participate in certain federal highway programs and relating to that authorization; relating to powers of the attorney general to waive immunity from suit in federal court related to those programs; and providing for an effective date."
00 HOUSE BILL NO. 434 01 "An Act authorizing the commissioner of transportation and public facilities to 02 participate in certain federal highway programs and relating to that authorization; 03 relating to powers of the attorney general to waive immunity from suit in federal court 04 related to those programs; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.23.020 is amended by adding a new subsection to read: 07 (g) The attorney general may, in cases that involve compliance, discharge, or 08 enforcement of responsibilities assumed by the Department of Transportation and 09 Public Facilities under AS 44.42.300, waive the state's immunity from suit in federal 10 court provided under the Eleventh Amendment to the Constitution of the United 11 States. 12 * Sec. 2. AS 44.42 is amended by adding a new section to read: 13 Article 2A. Certain Federal Highway Programs. 14 Sec. 44.42.300. Authorization to participate in certain federal highway
01 programs. (a) The department may 02 (1) assume responsibilities under 23 U.S.C. 325, 23 U.S.C. 326, and 23 03 U.S.C. 327, including 04 (A) the filing of applications with the United States Department 05 of Transportation under 23 U.S.C. 325(c)(1) and 23 U.S.C. 327(b)(2); and 06 (B) taking those actions necessary to meet the application 07 requirements established under 23 U.S.C. 325(c)(3) and 23 U.S.C. 327(b)(4); 08 (2) enter one or more memoranda of understanding with the United 09 States Department of Transportation related to federal highway programs as provided 10 in 23 U.S.C. 325, 23 U.S.C. 326, and 23 U.S.C. 327; 11 (3) accept, receive, and administer grants, other money, or gifts from 12 public and private agencies, including the federal government, for the purpose of 13 carrying out the programs authorized under this section; and 14 (4) cooperate with the federal government in implementing this section 15 and any memorandum of understanding entered into under this section. 16 (b) Notwithstanding any contrary provisions of law, in implementing a 17 program under this section that is approved by the United States Department of 18 Transportation, the department is authorized to 19 (1) perform or conduct any of the activities described in any 20 memorandum entered into under 23 U.S.C. 325, 23 U.S.C. 326, or 23 U.S.C. 327; 21 (2) take actions necessary to implement the program; and 22 (3) adopt relevant federal environmental standards as the standards for 23 this state for the programs described in (a) of this section. 24 (c) The department may adopt regulations under AS 44.62 (Administrative 25 Procedure Act) to carry out this section. 26 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).