HCS CSSB 68(STA): "An Act relating to public notice requirements for museums and for certain state actions and public hearings; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 68(STA) 01 "An Act relating to public notice requirements for museums and for certain state 02 actions and public hearings; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.57.210(b) is amended to read: 05 (b) To acquire title under (a) of this section, the museum shall publish a notice 06 for at least four consecutive weeks on a dedicated Internet webpage maintained 07 by the museum responsible for the undocumented property and at least once a 08 week for four consecutive weeks either in a newspaper of general circulation in the 09 judicial district where the museum is located or on a social media account 10 maintained by the museum. The notice must include 11 (1) a brief and general description of the property; 12 (2) the date or approximate date, if known, of the acquisition of the 13 property by the museum; 14 (3) the name, address, electronic mail address, and telephone number
01 of the museum representative to contact for more information or to make a claim of 02 ownership; 03 (4) the initial date of publication on the Internet webpage [DATE 04 OF THE LAST PUBLICATION OF THE NOTICE UNDER THIS SUBSECTION]; 05 and 06 (5) a statement that the museum will acquire title to the property if a 07 valid claim of an owner to the property is not received by the museum within 45 days 08 from the date of the last publication of the notice under this subsection. 09 * Sec. 2. AS 38.05.073(c) is amended to read: 10 (c) If the commissioner identifies land for recreational facilities development 11 leasing under (a) of this section, at least 30 days before the commissioner decides to 12 solicit proposals from potential lessees, the commissioner shall provide public notice 13 of the location and the specific type of recreational facilities development being 14 considered and request comments. The notice shall be provided to (1) a municipality if 15 the land is entirely or partially within the boundaries of the municipality; (2) a regional 16 corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement 17 Act) if the boundaries of the corporation established by 43 U.S.C. 1606(a) encompass 18 part or all of the land and the land encompassed by the corporation's boundaries is 19 entirely or partially outside the municipality; (3) a village corporation organized under 20 43 U.S.C. 1601 if all or part of the land is within 40 miles of the village for which the 21 corporation was established and the land is located entirely or partially outside a 22 municipality; (4) other persons affected by the specific recreational facility 23 development; and (5) persons who have specifically requested to be notified. Public 24 notice identifying the location and the specific type of recreational facilities 25 development under consideration must also be published on the Alaska Online 26 Public Notice System (AS 44.62.175). When appropriate in the judgment of the 27 commissioner, notice may also be published [AT LEAST TWICE] in a newspaper 28 of general circulation in the state and in a local newspaper in general circulation in the 29 region where the land is located. The comments received under this subsection 30 become part of the public record for the consideration of the commissioner. 31 * Sec. 3. AS 38.05.073(e) is amended to read:
01 (e) After preparing a request for proposals under (d) of this section, the 02 commissioner may issue the request to solicit proposals from persons who are 03 interested in leasing the land for recreational facilities development. The request for 04 proposals must be published on the Alaska Online Public Notice System 05 (AS 44.62.175). When appropriate in the judgment of the commissioner, notice 06 may also be published [ADVERTISED AT LEAST THREE TIMES] in a newspaper 07 of general circulation in the state and in a local newspaper in general circulation in the 08 region where the land is located. The proposals submitted to the commissioner must 09 include the specific facts on which the potential lessee bases its ability to develop the 10 land, including its ability to comply with the items identified in (d)(1) - (4) of this 11 section. 12 * Sec. 4. AS 38.05.205(a) is amended to read: 13 (a) Prior discovery, location, and recording shall initiate prior rights to mineral 14 deposits subject to AS 38.05.185 - 38.05.275 in or on state land, other than submerged 15 land, which is open to mining leasing. Locations shall be made and certificates of 16 location recorded in accordance with AS 38.05.195. If the located land is available 17 only for leasing, the director shall publish notice of the recording of the location and 18 notice that a mineral lease will be issued on the Alaska Online Public Notice 19 System (AS 44.62.175). When appropriate in the judgment of the director, the 20 director may also publish these notices in a paper of general circulation in the area 21 of the location [, NOTICE OF THE RECORDING OF THE LOCATION AND 22 NOTICE THAT A MINERAL LEASE WILL BE ISSUED]. The notice may be 23 combined with notices of locations either in the same general area or statewide. Unless 24 a conflicting location exists, not [NO] later than two weeks after publication of the 25 notice, an application form for a mining lease shall be mailed to the locator by the 26 director. A lease application shall be filed with the director by the locator within 90 27 days after receipt of the form. If the located land is not available for leasing, notice 28 shall be given the locator by the director and the locator's prior rights shall terminate. 29 A mining lessee has the exclusive rights of possession and extraction of all minerals 30 subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or 31 location. Mining leases may be issued for one location or for a group of contiguous
01 locations held in common. Minerals may not be mined and marketed or used until a 02 lease is issued, except for limited amounts necessary for sampling or testing. 03 * Sec. 5. AS 38.05.945(b) is amended to read: 04 (b) When notice is required to be given under this section, 05 (1) the notice must contain sufficient information in commonly 06 understood terms to inform the public of the nature of the action and the opportunity 07 of the public to comment on it; 08 (2) if the notice is of a preliminary written finding described in 09 (a)(3)(A) of this section, the department shall give notice at the beginning of the public 10 comment period for the preliminary written finding, notifying the public of the right to 11 submit comments; the department shall give notice by [(A)] posting the notice on the 12 Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days; 13 the department may also give notice by one or more of the following methods: 14 (A) [(B) PUBLICATION OF A NOTICE IN DISPLAY 15 ADVERTISING FORM DESCRIBING THE PROPOSED ACTION AND 16 REFERENCING THE ONLINE NOTICE REQUIRED IN (A) OF THIS 17 PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION AND 18 IN NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF 19 THE PROPOSED ACTION, IF AVAILABLE, AT LEAST ONCE A WEEK 20 FOR TWO CONSECUTIVE WEEKS; 21 (C)] public service announcements on the electronic media 22 serving the area to be affected by the proposed action; 23 (B) [AND (D) ONE OR MORE OF THE FOLLOWING 24 METHODS: 25 (i)] publication of a [LEGAL] notice in display 26 advertising form in newspapers of statewide circulation or in 27 newspapers of general circulation in the vicinity of the proposed action; 28 (C) [, IF AVAILABLE, AT LEAST ONCE A WEEK FOR 29 TWO CONSECUTIVE WEEKS; 30 (ii)] posting in a conspicuous location in the vicinity of 31 the action;
01 (D) [(iii)] notification of parties known or likely to be affected 02 by the action; or 03 (E) [(iv)] another method calculated to reach affected parties; 04 (3) if the notice is of an action described in (a) of this section, other 05 than notice of an action under (a)(3)(A) of this section, the department shall give 06 notice at least 30 days before the action by posting the notice on the Alaska Online 07 Public Notice System (AS 44.62.175) for at least 30 consecutive days and by one or 08 more of the following methods: 09 (A) publication of a notice in display advertising form 10 describing the proposed action and referencing the online notice required in 11 this paragraph in newspapers of statewide circulation and in newspapers of 12 general circulation in the vicinity of the proposed action, if available [, AT 13 LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS]; 14 (B) publication through public service announcements on the 15 electronic media serving the area affected by the action; 16 (C) posting in a conspicuous location in the vicinity of the 17 action; 18 (D) notification of parties known or likely to be affected by the 19 action; or 20 (E) another method calculated to reach affected persons. 21 * Sec. 6. AS 44.62.190(a) is amended to read: 22 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 23 notice of the proposed action shall be 24 (1) published on the Alaska Online Public Notice System 25 (AS 44.62.175) and, at the discretion of the state agency giving the notice, in the 26 newspaper of general circulation or trade or industry publication that the state agency 27 prescribes [AND POSTED ON THE ALASKA ONLINE PUBLIC NOTICE 28 SYSTEM; IN THE DISCRETION OF THE STATE AGENCY GIVING THE 29 NOTICE, THE REQUIREMENT OF PUBLICATION IN A NEWSPAPER OR 30 TRADE OR INDUSTRY PUBLICATION MAY BE SATISFIED BY USING A 31 COMBINATION OF PUBLICATION AND BROADCASTING; WHEN
01 BROADCASTING THE NOTICE, AN AGENCY MAY USE AN ABBREVIATED 02 FORM OF THE NOTICE IF THE BROADCAST PROVIDES THE NAME AND 03 DATE OF THE NEWSPAPER OR TRADE OR INDUSTRY JOURNAL AND THE 04 INTERNET ADDRESS OF THE ALASKA ONLINE PUBLIC NOTICE SYSTEM 05 WHERE THE FULL TEXT OF THE NOTICE CAN BE FOUND]; 06 (2) furnished to every person who has filed a request for notice of 07 proposed action with the state agency; 08 (3) if the agency is within a department, furnished to the commissioner 09 of the department; 10 (4) when appropriate in the judgment of the agency, 11 (A) furnished to a person or group of persons whom the agency 12 believes is interested in the proposed action; and 13 (B) published or broadcast in the additional form and manner 14 the state agency prescribes; 15 (5) furnished to the Department of Law together with a copy of the 16 proposed regulation, amendment, or order of repeal for the department's use in 17 preparing the opinion required after adoption and before filing by AS 44.62.060; 18 (6) furnished by electronic format to all incumbent State of Alaska 19 legislators. 20 * Sec. 7. AS 44.62.190(f) is amended to read: 21 (f) To the extent feasible, the subject line of electronic mail and the title of a 22 [WRITTEN] publication providing the information required by (d) of this section must 23 give the reader a fair idea of the substance of the proposed new regulation, the 24 proposed amended regulation, or the regulation proposed for repeal. 25 * Sec. 8. AS 44.62.200(d) is amended to read: 26 (d) When a state agency, other than the Regulatory Commission of Alaska, the 27 Board of Fisheries, or the Board of Game, posts, furnishes, or otherwise provides a 28 notice of the proposed adoption, amendment, or repeal of a regulation under 29 AS 44.62.190, a brief description of the changes made by the proposed adoption, 30 amendment, or repeal must accompany the notice. However, if, under 31 AS 44.62.190(a), the notice is published [IN A NEWSPAPER OR TRADE OR
01 INDUSTRY PUBLICATION] or [IS] broadcast, this subsection does not require that 02 the brief description otherwise required by this subsection accompany the notice 03 [PUBLICATION OR THE BROADCAST]. To the extent practicable, the brief 04 description shall be written in clear, easily readable language that a person without a 05 legal background is able to understand. 06 * Sec. 9. AS 44.62.245(b) is amended to read: 07 (b) When the amended version of a document or other material incorporated 08 by reference in a regulation as described in (a) of this section becomes available, the 09 state agency shall 10 (1) make the amended version of the document or other material 11 available to the public for review; and 12 (2) post on the Alaska Online Public Notice System (AS 44.62.175) 13 and, at the discretion of the agency, publish in a newspaper of general circulation, 14 [OR] trade or industry publication, or [IN A] regularly published agency newsletter or 15 similar printed publication, not later than 15 days after the amended version of the 16 document or other material becomes available, a notice that describes the affected 17 regulation, the effective date of the amended version of the document or other 18 material, and how a copy of the amended version may be obtained or reviewed. 19 * Sec. 10. AS 44.62.300(b) is amended to read: 20 (b) Notwithstanding (a) of this section, a person may not bring an action in 21 court to challenge the adoption, repeal, or amendment of a regulation by a state agency 22 for 23 (1) insufficiency or inaccuracy of the information provided under 24 AS 44.62.190(d) or (g); 25 (2) failure of the subject line of electronic mail or the title of a 26 [WRITTEN] publication to meet the requirements of AS 44.62.190(f); 27 (3) failure of the brief description required by AS 44.62.200(d) to 28 comply with the requirements of AS 44.62.200(d) relating to 29 (A) the clarity and readability of the brief description; or 30 (B) the description of the changes made by the proposed 31 adoption, amendment, or repeal of a regulation; or
01 (4) inaccuracy or insufficiency of the answer to a question provided by 02 the state agency under AS 44.62.213. 03 * Sec. 11. AS 46.03.110(b) is amended to read: 04 (b) After receipt of a proper application for an individual or general permit or 05 a determination by the department that a general permit should be proposed, the 06 department shall publish notice of the application or proposal, or of the availability of 07 a draft permit for comment, as applicable, on the Alaska Online Public Notice 08 System (AS 44.62.175) and, at the discretion of the department, the notice may be 09 published in at least two publications of a newspaper of general circulation, and in 10 other appropriate information media, within the general area in which the disposal 11 of waste material is proposed to be made. [THE NOTICE SHALL ALSO BE 12 POSTED ON THE ALASKA ONLINE PUBLIC NOTICE SYSTEM MAINTAINED 13 UNDER AS 44.62.175 AND MAY ALSO BE PUBLISHED IN OTHER 14 APPROPRIATE INFORMATION MEDIA.] The notice must include a statement that 15 a person who wants to present views to the department with regard to the application 16 or proposal may do so in writing to the department within 30 days after the first 17 publication of the notice. The written response entitles the writer to a copy of the 18 application or draft permit, and, in the case of an application or proposal to issue a 19 general permit, the application or proposal shall also be posted by the department on 20 the Internet at the same time that notice is published under this subsection. 21 * Sec. 12. AS 46.15.065(b) is amended to read: 22 (b) The commissioner shall, as soon as practicable, determine the rights of 23 persons owning existing appropriations. To accomplish this, the commissioner shall 24 (1) by order set a definite period for filing a declaration of 25 appropriation within a specified area or from a specified source; 26 (2) publish notice of the order on the Alaska Online Public Notice 27 System (AS 44.62.175) for at least three consecutive weeks; when appropriate in 28 the judgment of the commissioner, the commissioner may also publish notice 29 under this paragraph [ONCE A WEEK FOR THREE WEEKS] before the 30 beginning of the period in a newspaper of general circulation in the affected area; 31 (3) give notice of the order by certified mail to any appropriator within
01 the specified area or from the specified source who has requested mailed notice or of 02 whom the commissioner can readily obtain knowledge, including each owner of a 03 recorded mining claim. 04 * Sec. 13. AS 46.15.133(b) is amended to read: 05 (b) The commissioner shall publish the notice on the Alaska Online Public 06 Notice System (AS 44.62.175) and, when appropriate in the judgment of the 07 commissioner, in one issue of a newspaper of general distribution in the area of the 08 state in which the water is to be appropriated, removed, or sold. The commissioner 09 shall also have notice served personally or by certified mail on [UPON] an 10 appropriator of water or applicant for or holder of a permit who, according to the 11 records of the division of lands, may be affected by the proposed sale, appropriation, 12 or removal and may serve notice on [UPON] any governmental agency, political 13 subdivision, or person; notice shall also be served on [UPON] the Department of Fish 14 and Game and the Department of Environmental Conservation. An applicant for an 15 appropriation or removal shall pay the commissioner's costs in providing publication 16 and notice under this subsection. The commissioner may require as a condition of a 17 sale of water under AS 46.15.037 [,] that a purchaser of water reimburse the 18 department for the costs associated with providing notice of the proposed sale. 19 * Sec. 14. This Act takes effect immediately under AS 01.10.070(c).