Alaska 33rd Legislature (2023-2024) Status: Passed Senate

SB 68 — An Act relating to public notice requirements for museums and for certain state actions and public hearings; and providing for an effective date.

Last action — (H) NOT TAKEN UP - ADJOURNED SINE DIE

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

38 added · 246 removed

Plain-language change summary

The legislative amendment to SB 68 primarily shifts the focus from public notice requirements related to recreational facility development to those concerning water appropriations. Specifically, it updates how the commissioner must publish notices for water rights filings from traditional newspapers to the Alaska Online Public Notice System, and extends the required notice period before filings from one week to three weeks. This change is significant because it aims to enhance transparency and accessibility for the public regarding water rights and usage, while streamlining the communication process.

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33-LS0412\D CS FOR SENATE BILL NO.
33-LS0412\B SENATE BILL NO.
68(RES) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE RESOURCES COMMITTEE Referred:
68 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THE SENATE RESOURCES COMMITTEE Introduced:
Rules A BILL FOR AN ACT ENTITLED "An Act relating to public notice for certain state actions and public hearings;
2/10/23 Referred:
Resources A BILL FOR AN ACT ENTITLED "An Act relating to public notice for a sale, appropriation, or removal of water, or for filing a declaration of a right of water;
AS 38.05.073(c) is amended to read:
(c) If the commissioner identifies land for recreational facilities development leasing under (a) of this section, at least 30 days before the commissioner decides to solicit proposals from potential lessees, the commissioner shall provide public notice of the location and the specific type of recreational facilities development being considered and request comments.
The notice shall be provided to (1) a municipality if the land is entirely or partially within the boundaries of the municipality;
(2) a regional corporation organized under 43 U.S.C.
1601 et seq.
(Alaska Native Claims Settlement Act) if the boundaries of the corporation established by 43 U.S.C.
1606(a) encompass part or all of the land and the land encompassed by the corporation's boundaries is entirely or partially outside the municipality;
(3) a village corporation organized under SB0068B -1- CSSB 68(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D 43 U.S.C.
1601 if all or part of the land is within 40 miles of the village for which the corporation was established and the land is located entirely or partially outside a municipality;
(4) other persons affected by the specific recreational facility development;
and (5) persons who have specifically requested to be notified.
Public notice identifying the location and the specific type of recreational facilities development under consideration must also be published on the Alaska Online Public Notice System (AS 44.62.175).
When appropriate in the judgment of the commissioner, notice may also be published [AT LEAST TWICE] in a newspaper of general circulation in the state and in a local newspaper in general circulation in the region where the land is located.
The comments received under this subsection become part of the public record for the consideration of the commissioner.
* Sec.
2.
AS 38.05.073(e) is amended to read:
(e) After preparing a request for proposals under (d) of this section, the commissioner may issue the request to solicit proposals from persons who are interested in leasing the land for recreational facilities development.
The request for proposals must be published on the Alaska Online Public Notice System (AS 44.62.175).
When appropriate in the judgment of the commissioner, notice may also be published [ADVERTISED AT LEAST THREE TIMES] in a newspaper of general circulation in the state and in a local newspaper in general circulation in the region where the land is located.
The proposals submitted to the commissioner must include the specific facts on which the potential lessee bases its ability to develop the land, including its ability to comply with the items identified in (d)(1) - (4) of this section.
* Sec.
3.
AS 38.05.205(a) is amended to read:
(a) Prior discovery, location, and recording shall initiate prior rights to mineral deposits subject to AS 38.05.185 - 38.05.275 in or on state land, other than submerged land, which is open to mining leasing.
Locations shall be made and certificates of location recorded in accordance with AS 38.05.195.
If the located land is available only for leasing, the director shall publish notice of the recording of the location and notice that a mineral lease will be issued on the Alaska Online Public Notice System (AS 44.62.175).
When appropriate in the judgment of the director, the CSSB 68(RES) -2- SB0068B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D director may also publish these notices in a paper of general circulation in the area of the location [, NOTICE OF THE RECORDING OF THE LOCATION AND NOTICE THAT A MINERAL LEASE WILL BE ISSUED].
The notice may be combined with notices of locations either in the same general area or statewide.
Unless a conflicting location exists, not [NO] later than two weeks after publication of the notice, an application form for a mining lease shall be mailed to the locator by the director.
A lease application shall be filed with the director by the locator within 90 days after receipt of the form.
If the located land is not available for leasing, notice shall be given the locator by the director and the locator's prior rights shall terminate.
A mining lessee has the exclusive rights of possession and extraction of all minerals subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or location.
Mining leases may be issued for one location or for a group of contiguous locations held in common.
Minerals may not be mined and marketed or used until a lease is issued, except for limited amounts necessary for sampling or testing.
* Sec.
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4.
AS 38.05.945(b) is amended to read:
(b) When notice is required to be given under this section, (1) the notice must contain sufficient information in commonly understood terms to inform the public of the nature of the action and the opportunity of the public to comment on it;
(2) if the notice is of a preliminary written finding described in (a)(3)(A) of this section, the department shall give notice at the beginning of the public comment period for the preliminary written finding, notifying the public of the right to submit comments;
the department shall give notice by [(A)] posting the notice on the Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days;
the department may also give notice by one or more of the following methods:
(A) [(B) PUBLICATION OF A NOTICE IN DISPLAY ADVERTISING FORM DESCRIBING THE PROPOSED ACTION AND REFERENCING THE ONLINE NOTICE REQUIRED IN (A) OF THIS PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION AND IN NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF THE PROPOSED ACTION, IF AVAILABLE, AT LEAST ONCE A WEEK SB0068B -3- CSSB 68(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D FOR TWO CONSECUTIVE WEEKS;
(C)] public service announcements on the electronic media serving the area to be affected by the proposed action;
(B) [AND (D) ONE OR MORE OF THE FOLLOWING METHODS:
(i)] publication of a [LEGAL] notice in display advertising form in newspapers of statewide circulation or in newspapers of general circulation in the vicinity of the proposed action;
(C) [, IF AVAILABLE, AT LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS;
(ii)] posting in a conspicuous location in the vicinity of the action;
(D) [(iii)] notification of parties known or likely to be affected by the action;
or (E) [(iv)] another method calculated to reach affected parties;
(3) if the notice is of an action described in (a) of this section, other than notice of an action under (a)(3)(A) of this section, the department shall give notice at least 30 days before the action by posting the notice on the Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days and by one or more of the following methods:
(A) publication of a notice in display advertising form describing the proposed action and referencing the online notice required in this paragraph in newspapers of statewide circulation and in newspapers of general circulation in the vicinity of the proposed action, if available [, AT LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS];
(B) publication through public service announcements on the electronic media serving the area affected by the action;
(C) posting in a conspicuous location in the vicinity of the action;
(D) notification of parties known or likely to be affected by the action;
or CSSB 68(RES) -4- SB0068B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D (E) another method calculated to reach affected persons.
* Sec.
5.
AS 44.62.190(a) is amended to read:
(a) At least 30 days before the adoption, amendment, or repeal of a regulation, notice of the proposed action shall be (1) published, at the discretion of the state agency giving the notice, in the newspaper of general circulation or trade or industry publication that the state agency prescribes or [AND POSTED] on the Alaska Online Public Notice System (AS 44.62.175);
[IN THE DISCRETION OF THE STATE AGENCY GIVING THE NOTICE, THE REQUIREMENT OF PUBLICATION IN A NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION MAY BE SATISFIED BY USING A COMBINATION OF PUBLICATION AND BROADCASTING;
WHEN BROADCASTING THE NOTICE, AN AGENCY MAY USE AN ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST PROVIDES THE NAME AND DATE OF THE NEWSPAPER OR TRADE OR INDUSTRY JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA ONLINE PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE NOTICE CAN BE FOUND;] (2) furnished to every person who has filed a request for notice of proposed action with the state agency;
(3) if the agency is within a department, furnished to the commissioner of the department;
(4) when appropriate in the judgment of the agency, (A) furnished to a person or group of persons whom the agency believes is interested in the proposed action;
and (B) published or broadcast in the additional form and manner the state agency prescribes;
(5) furnished to the Department of Law together with a copy ofthe proposed regulation, amendment, or order of repeal for the department's use in preparing the opinion required after adoption and before filing by AS 44.62.060;
(6) furnished by electronic format to all incumbent State of Alaska legislators.
* Sec.
6.
AS 44.62.190(f) is amended to read:
SB0068B -5- CSSB 68(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D (f) To the extent feasible, the subject line of electronic mail and the title of a [WRITTEN] publication providing the information required by (d) of this section must give the reader a fair idea of the substance of the proposed new regulation, the proposed amended regulation, or the regulation proposed for repeal.
* Sec.
7.
AS 44.62.200(d) is amended to read:
(d) When a state agency, other than the Regulatory Commission of Alaska, the Board of Fisheries, or the Board of Game, posts, furnishes, or otherwise provides a notice of the proposed adoption, amendment, or repeal of a regulation under AS 44.62.190, a brief description of the changes made by the proposed adoption, amendment, or repeal must accompany the notice.
However, if, under AS 44.62.190(a), the notice is published [IN A NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION] or [IS] broadcast, this subsection does not require that the brief description otherwise required by this subsection accompany the notice [PUBLICATION OR THE BROADCAST].
To the extent practicable, the brief description shall be written in clear, easily readable language that a person without a legal background is able to understand.
* Sec.
8.
AS 44.62.245(b) is amended to read:
(b) When the amended version of a document or other material incorporated by reference in a regulation as described in (a) of this section becomes available, the state agency shall (1) make the amended version of the document or other material available to the public for review;
and (2) post, at the discretion of the agency, on the Alaska Online Public Notice System (AS 44.62.175) or [AND PUBLISH] in a newspaper of general circulation, [OR] trade or industry publication, or [IN A] regularly published agency newsletter or similar printed publication, not later than 15 days after the amended version of the document or other material becomes available, a notice that describes the affected regulation, the effective date of the amended version of the document or other material, and how a copy of the amended version may be obtained or reviewed.
* Sec.
9.
AS 44.62.300(b) is amended to read:
(b) Notwithstanding (a) of this section, a person may not bring an action in CSSB 68(RES) -6- SB0068B New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D court to challenge the adoption, repeal, or amendment of a regulation by a state agency for (1) insufficiency or inaccuracy of the information provided under AS 44.62.190(d) or (g);
(2) failure of the subject line of electronic mail or the title of a [WRITTEN] publication to meet the requirements of AS 44.62.190(f);
(3) failure of the brief description required by AS 44.62.200(d) to comply with the requirements of AS 44.62.200(d) relating to (A) the clarity and readability of the brief description;
or (B) the description of the changes made by the proposed adoption, amendment, or repeal of a regulation;
or (4) inaccuracy or insufficiency of the answer to a question provided by the state agency under AS 44.62.213.
* Sec.
10.
AS 46.03.110(b) is amended to read:
(b) After receipt of a proper application for an individual or general permit or a determination by the department that a general permit should be proposed, the department shall publish notice of the application or proposal, or of the availability of a draft permit for comment, as applicable.
At the discretion of the department, the notice may be published [,] in at least two publications of a newspaper of general circulation within the general area in which the disposal of waste material is proposed to be made, or [.
THE NOTICE SHALL ALSO BE POSTED] on the Alaska Online Public Notice System (AS 44.62.175).
The department [MAINTAINED UNDER AS 44.62.175 AND] may also publish the notice [BE PUBLISHED] in other appropriate information media.
The notice must include a statement that a person who wants to present views to the department with regard to the application or proposal may do so in writing to the department within 30 days after the first publication of the notice.
The written response entitles the writer to a copy of the application or draft permit, and, in the case of an application or proposal to issue a general permit, the application or proposal shall also be posted by the department on the Internet at the same time that notice is published under this subsection.
* Sec.
11.
SB0068B -7- CSSB 68(RES) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\D (b) The commissioner shall, as soon as practicable, determine the rights of persons owning existing appropriations.
(b) The commissioner shall, as soon as practicable, determine the rights of persons owning existing appropriations.
(2) publish notice of the order on the Alaska Online Public Notice System (AS 44.62.175) for at least three consecutive weeks;
(2) publish notice of the order on the Alaska Online Public Notice System (AS 44.62.175) [ONCE A WEEK FOR] three weeks before the beginning of the period [IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AFFECTED AREA];
when appropriate in the judgment of the commissioner, the commissioner may also publish notice under this paragraph [ONCE A WEEK FOR THREE WEEKS] before the beginning of the period in a newspaper of general circulation in the affected area;
(3) give notice of the order by certified mail to any appropriator within the specified area or from the specified source who has requested mailed notice or of SB0068A -1- SB 68 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0412\B whom the commissioner can readily obtain knowledge, including each owner of a recorded mining claim.
(3) give notice of the order by certified mail to any appropriator within the specified area or from the specified source who has requested mailed notice or of whom the commissioner can readily obtain knowledge, including each owner of a recorded mining claim.
12.
2.
(b) The commissioner shall publish the notice on the Alaska Online Public Notice System (AS 44.62.175) and, when appropriate in the judgment of the commissioner, in one issue of a newspaper of general distribution in the area of the state in which the water is to be appropriated, removed, or sold.
(b) The commissioner shall publish the notice on the Alaska Online Public Notice System (AS 44.62.175) [IN ONE ISSUE OF A NEWSPAPER OF GENERAL DISTRIBUTION IN THE AREA OF THE STATE IN WHICH THE WATER IS TO BE APPROPRIATED, REMOVED, OR SOLD].
13.
3.
CSSB 68(RES) -8- SB0068B New Text Underlined [DELETED TEXT BRACKETED]
SB 68 -2- SB0068A New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) NOT TAKEN UP - ADJOURNED SINE DIE

  2. (H) MOVED TO BOTTOM OF CALENDAR

  3. (H) MOVED TO BOTTOM OF CALENDAR

  4. (H) HELD TO 5/15 CALENDAR

  5. (H) HELD TO 5/14 CALENDAR

  6. (H) ADVANCED TO THIRD READING 5/13 CALENDAR

  7. (H) AM NO 3 FAILED Y19 N20 A1

  8. (H) AM NO 2 NOT OFFERED

  9. (H) AM NO 1 ADOPTED UC

  10. (H) TITLE CHANGE: HCR 22

  11. (H) STA HCS ADOPTED Y37 N1 A2

  12. (H) READ THE SECOND TIME

  13. (H) RULES TO CALENDAR 5/12/2024

  14. (H) FN5: ZERO(EED)

  15. (H) FN4: ZERO(DNR)

  16. (H) FN3: ZERO(DEC)

  17. (H) NR: C.JOHNSON, CARPENTER, WRIGHT, ALLARD

  18. (H) DP: CARRICK, STORY, SHAW

  19. (H) PENDING TITLE CHANGE HCR

  20. (H) STA RPT HCS(STA) NEW TITLE 3DP 4NR

  21. (H) -- MEETING CANCELED --

  22. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  23. (H) Minutes (HSTA)

  24. (H) Moved HCS CSSB 68(STA) Out of Committee

  25. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  26. (H) -- MEETING CANCELED --

  27. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  28. (H) -- Rescheduled to 04/11/24 --

  29. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  30. (H) Minutes (HSTA)

  31. (H) Heard & Held

  32. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  33. (H) STA

  34. (H) READ THE FIRST TIME - REFERRALS

  35. (S) VERSION: CSSB 68(RES) AM

  36. (S) TRANSMITTED TO (H)

  37. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  38. (S) PASSED Y17 E3

  39. (S) AUTOMATICALLY IN THIRD READING

  40. (S) AM NO 1 ADOPTED UC

  41. (S) RETURN TO SECOND FOR AM 1 UC

  42. (S) READ THE THIRD TIME CSSB 68(RES)

  43. (S) ADVANCED TO THIRD READING 3/11 CAL

  44. (S) RES CS ADOPTED UC

  45. (S) PRIME SPONSOR CHANGED - SENATE RESOURCES COMMITTEE REPLACED GIESSEL

  46. (S) READ THE SECOND TIME

  47. (S) RULES TO CALENDAR 3/7/24

  48. (S) FN4: ZERO(DNR) (UPDATED FOR 2024)

  49. (S) FN3: ZERO(DEC) (UPDATED FOR 2024)

  50. (S) FN2: ZERO(DNR)

  51. (S) FN1: ZERO(DEC)

  52. (S) NR: KAWASAKI, CLAMAN, WIELECHOWSKI

  53. (S) DP: BISHOP, GIESSEL, KAUFMAN

  54. (S) RES RPT CS 3DP 3NR NEW TITLE

  55. (S) Minutes (SRES)

  56. (S) Moved CSSB 68(RES) Out of Committee

  57. (S) RESOURCES at 03:30 PM BUTROVICH 205

  58. (S) Minutes (SRES)

  59. (S) Scheduled but Not Heard

  60. (S) RESOURCES at 03:30 PM BUTROVICH 205

  61. (S) -- Testimony <Invitation Only> -- -- MEETING CANCELED --

  62. (S) RESOURCES at 03:30 PM BUTROVICH 205

  63. (S) Minutes (SRES)

  64. (S) Heard & Held

  65. (S) RESOURCES at 03:30 PM BUTROVICH 205

  66. (S) Minutes (SRES)

  67. (S) Heard & Held

  68. (S) RESOURCES at 03:30 PM BUTROVICH 205

  69. (S) Minutes (SRES)

  70. (S) <Bill Hearing Canceled>

  71. (S) RESOURCES at 03:30 PM BUTROVICH 205

  72. (S) Minutes (SRES)

  73. (S) Heard & Held

  74. (S) RESOURCES at 03:30 PM BUTROVICH 205

  75. (S) RES

  76. (S) READ THE FIRST TIME - REFERRALS

Sponsors

  • Senate Resources · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

  • Senate Resources

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 68?
SB 68 is sponsored by Senate Resources.
What is the current status of SB 68?
This bill died with 33rd Legislature (2023-2024). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 68?
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