HB 332: "An Act relating to the Alaska Job Protection Board; relating to the attorney general's appearance, or the employment of attorneys to assist or appear for the attorney general, in an injunctive civil action relating to an industrial operation; relating to the construction industry progress fund; and providing for an effective date."
00 HOUSE BILL NO. 332 01 "An Act relating to the Alaska Job Protection Board; relating to the attorney general's 02 appearance, or the employment of attorneys to assist or appear for the attorney general, 03 in an injunctive civil action relating to an industrial operation; relating to the 04 construction industry progress fund; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 37.05 is amended by adding a new section to article 6 to read: 07 Sec. 37.05.610. Construction industry progress fund. (a) The construction 08 industry progress fund is created as a separate fund in the general fund. The fund 09 consists of money appropriated to it by the legislature. Money appropriated to the fund 10 does not lapse. The Department of Revenue shall manage the fund. Interest received 11 on money in the fund shall be accounted for separately and may be appropriated into 12 the fund. 13 (b) The legislature may appropriate amounts from the construction industry 14 progress fund to the Department of Law for costs of the attorney general or attorneys
01 engaged by the attorney general to appear in injunctive proceedings under 02 AS 44.23.020. 03 (c) Nothing in this section creates a dedicated fund. 04 * Sec. 2. AS 44.23.020 is amended by adding a new subsection to read: 05 (i) The attorney general may enter an appearance in an existing federal or state 06 civil action to present evidence of the economic or social effect on the people of the 07 state as the result of the delay or cancellation of an industrial operation caused by the 08 initiation of the civil action seeking a restraining order, preliminary injunction, or 09 order vacating or staying that industrial operation. The attorney general may engage an 10 attorney to assist or otherwise appear for the attorney general to perform the functions 11 of the attorney general under this subsection. 12 * Sec. 3. AS 44.33 is amended by adding new sections to read: 13 Article 17. Alaska Job Protection Board. 14 Sec. 44.33.995. Alaska Job Protection Board established. (a) The Alaska 15 Job Protection Board is established in the Department of Commerce, Community, and 16 Economic Development to monitor and evaluate civil actions seeking a restraining 17 order, preliminary injunction, or order vacating or staying the operation of a federal or 18 state permit that affects an industrial operation. 19 (b) The board consists of seven members as follows: 20 (1) the commissioner of commerce, community, and economic 21 development or the commissioner's designee; 22 (2) the commissioner of natural resources or the commissioner's 23 designee; 24 (3) the commissioner of labor and workforce development or the 25 commissioner's designee; 26 (4) the attorney general or the attorney general's designee; and 27 (5) three public members, appointed by the governor, who are familiar 28 with industrial operations and are knowledgeable about the economic and social 29 effects caused by the delaying or stopping of an industrial operation. 30 (c) The members of the board shall select a chair from among the public 31 members.
01 (d) The public members of the board serve staggered three-year terms and 02 may be reappointed. If a vacancy occurs in the seat of a member appointed under 03 (b)(5) of this section, the governor shall appoint a member to serve the remainder of 04 the unexpired term. Members of the board appointed under (b)(5) of this section serve 05 at the pleasure of the governor. 06 (e) Members of the board appointed under (b)(5) of this section do not receive 07 compensation but are entitled to per diem and travel expenses authorized for boards 08 and commissions under AS 39.20.180. 09 (f) Members of the board shall disclose to the board in a timely manner any 10 conflict of interest. A member may deliberate on an issue for which a conflict exists 11 but may not vote on that issue. 12 Sec. 44.33.996. Powers and duties of the board. (a) The board shall 13 (1) monitor civil actions that seek a restraining order, preliminary 14 injunction, or order vacating or staying the operation of a federal or state permit that 15 affects an industrial operation; 16 (2) monitor the delay or cancellation, if any, of an industrial operation 17 caused by the initiation of a civil action that seeks a restraining order, preliminary 18 injunction, or order vacating or staying the operation of a federal or state permit that 19 affects the industrial operation; 20 (3) evaluate the economic and social effect, if any, on the people of the 21 state the delay or cancellation of an industrial operation caused by the initiation of a 22 civil action that seeks a restraining order, preliminary injunction, or order vacating or 23 staying the operation of a federal or state permit that affects the industrial operation. 24 (b) The board may recommend to the attorney general that an appearance be 25 entered in an existing federal or state civil action to present evidence of the economic 26 or social effect on the people of the state as a result of the delay or cancellation of an 27 industrial operation caused by the initiation of the civil action seeking a restraining 28 order, preliminary injunction, or order vacating or staying the operation of a federal or 29 state permit that affects the industrial operation. 30 Sec. 44.33.997. Intervention by attorney general. The attorney general may 31 enter an appearance in an existing federal or state civil action to present evidence of
01 the economic or social effect on the people of the state as a result of the delay or 02 cancellation of an industrial operation caused by the initiation of the civil action 03 seeking a restraining order, preliminary injunction, or order vacating or staying the 04 operation of a federal or state permit that affects the industrial operation. The attorney 05 general may engage an attorney to assist or otherwise appear for the attorney general 06 to perform the functions of the attorney general under this section. 07 Sec. 44.33.998. Definition. In AS 44.33.995 - 44.33.998, "industrial operation" 08 means a construction, energy, or timber activity and oil, gas, and mineral exploration, 09 development, and production. 10 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: ALASKA JOB PROTECTION BOARD; STAGGERED TERMS. (a) 13 In making initial appointments to the Alaska Job Protection Board under AS 44.33.995, 14 enacted by sec. 3 of this Act, the governor shall appoint the initial public members of the 15 board to staggered terms as follows: 16 (1) one member shall be appointed to serve one year; 17 (2) one member shall be appointed to serve two years; and 18 (3) one member shall be appointed to serve three years. 19 * Sec. 5. This Act takes effect January 1, 2015.