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