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CSSB 148(JUD): "An Act relating to limitation of state liability on certain federal highway programs; and providing for an effective date."

00 CS FOR SENATE BILL NO. 148(JUD) 01 "An Act relating to limitation of state liability on certain federal highway programs; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.42.300 is amended by adding a new subsection to read: 05 (d) Except for actions alleging independent negligence by the state or its 06 employees, an action may not be brought against the state or employees of the state for 07 a claim arising out of design, operations, maintenance, or construction activities 08 performed by, or under the management of, federally recognized tribes in Alaska 09 acting in furtherance of the Indian Reservation Roads Program under 25 C.F.R. 170 or 10 the Indian Reservation Roads Bridge Program under 23 U.S.C. 202, and the program 11 or relevant state-tribal agreement requires compliance with all applicable federal and 12 state standards. In this subsection, "independent negligence" means negligence that is 13 not due to the state's selection, supervision, administration, monitoring, or controlling 14 of the activities of the tribe, the tribe's agents, employees, or contractors, or due to the

01 state's approving or accepting any of the work performed under programs listed in this 02 subsection. 03 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to claims arising on or after the effective date of 06 this Act. 07 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 REVISOR'S INSTRUCTION. The revisor of statutes shall change the section heading 10 of AS 44.42.300 from "Authorization to participate in certain federal highway programs" to 11 "Participation in certain federal highway programs." 12 * Sec. 4. This Act takes effect immediately under AS 01.10.070(c).