reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 1. Construction of Public Works. › Sec. 35.15.020. Request for public bids.

The solicitation of bids for construction of public works is governed by AS 36.30 (State Procurement Code). The request for bids may require the contractor to furnish equipment, labor, materials, and supplies for the project, or it may state that the department will furnish the materials and supplies. If the department elects to provide materials and supplies for a project, it shall make the election at the time it adopts the construction program. The department shall acquire these materials and supplies under AS 36.30 by requesting bids for them according to the class, type, and nature of the materials and supplies. The contract may be awarded either upon the basis of delivery to the construction project directly or to a central storehouse or storehouses maintained by the department. Those materials and supplies so purchased by the department may be delivered to the project site without expense to the contractor, or it may sell them to the contractor at cost and make the materials and supplies a part of the construction cost.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 2. Local Control of Public Works Projects. › Sec. 35.15.090. Use of appropriated funds.

Upon execution of an agreement under AS 35.15.080(a), state funds appropriated for a public works project that is the subject of the agreement shall be transferred to a special account in the state treasury. A municipality administering the project under the agreement may draw on the account for costs of the project, under fiscal control of the department. If an agreement provides for joint or cooperative administration of the project, payment of costs shall be made to the party incurring the costs.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 2. Local Control of Public Works Projects. › Sec. 35.15.100. Responsibility of department.

When a municipality has assumed responsibility for a public works project under AS 35.15.080 - 35.15.120, the department is relieved of responsibility to the extent it is assumed by the municipality. The department may provide technical assistance on the responsibility assumed if requested to do so by the municipality and shall be reasonably compensated for that assistance from the account established under AS 35.15.090.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 2. Local Control of Public Works Projects. › Sec. 35.15.110. Title to site and completion of project.

(a) Before advertisement for bids or construction contract negotiations, the department shall approve both the project site and the land interest in the site.
(b) Responsibility for maintenance of the project shall be established in the original contract agreement. The department shall participate in the final inspection of the project and approve of the final documents on the project.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 15. Construction Procedures › Article 2. Local Control of Public Works Projects. › Sec. 35.15.120. Definitions.

In AS 35.15.080 - 35.15.120,
(1) “construction” or any derivative of the term “construct” means, in addition to the meaning given in AS 35.95.100, selecting and acquiring a project site and necessary rights-of-way and easements, providing for and connecting to utilities, and building, supervising, and inspecting the public works project;
(2) “governing body” means a municipality's assembly or council.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.010. Acquisition of land, rights-of-way, and materials by purchase or eminent domain.

The department, on behalf of the state and as part of the cost of constructing or maintaining a public work, may purchase in the open market, acquire, take over, or condemn under the right and power of eminent domain land in fee simple or easements that it considers necessary for present public use, either temporary or permanent, or that it considers necessary and reasonable for the public use. By the same means, the department may obtain material including clay, gravel, sand, or rock, or the land necessary to obtain the material, and the necessary land or easements to provide access to it. The department may acquire the land or material notwithstanding the fact that the title to it is in the state or a department, agency, commission, or institution of the state. Acquisition of material in the open market under this section is governed by AS 36.30 (State Procurement Code).
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.020. Declaration of taking.

A declaration of taking, in the form of an order signed by the commissioner, declaring that the real property, or an interest in it, or any easement is necessary for the public use of the state is sufficient to vest title in the state. However, a declaration of taking is not effective until eminent domain proceedings have been instituted in the proper court and a copy of the declaration of taking is recorded in the office of the recorder located in the recording district where the land is located. The department may pay or have paid, from the appropriate fund, into court the amount it considers represents a reasonable valuation for the land, easement, or materials taken.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.030. Acquisition and disposal of excess land.

When a part of a parcel of land is taken and the remainder is in such shape or condition as to be of little value to its owner, or gives rise to claims or litigation concerning severance or other damage, the department may acquire the whole parcel and may sell the remainder or exchange it for other property needed for public works.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.040. Authority to condemn or acquire publicly owned property for the purpose of exchange.

When property that is devoted to or held for another public use for which the power of eminent domain may be exercised is taken for purposes set out in this title, the department may, with the consent of the person or agency in charge of the other public use, condemn the real property to be exchanged for the real property so taken. This section does not limit the authorization of the department to acquire, other than by condemnation, property for those purposes in any other manner.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.050. Authority to purchase property for the purpose of exchange.

When the commissioner formally declares that it is in the best public interest of the state to do so, the department may acquire by purchase or otherwise privately or publicly owned land or an interest in it for the purpose of exchanging it for privately or publicly owned land that the department is authorized by law to acquire.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.060. Sale of obsolete equipment and material.

The department may sell, exchange, or otherwise dispose of obsolete machinery, equipment, and material no longer needed, required, or useful for construction or maintenance purposes. Money derived from the sale of the property shall be credited to the fund from which the purchase was originally made.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 20. Acquisition and Disposition of Property › Sec. 35.20.070. Vacating of land or rights in land.

The department may vacate land, or part of it, or rights in land acquired for public work purposes by executing and recording a deed in the appropriate recording district. Upon vacating, title reverts to the persons, heirs, successors, or assigns in whom it was vested at the time of the taking. The department may transfer land considered no longer necessary for public works purposes to the Department of Natural Resources for disposal. The proceeds of disposal by the Department of Natural Resources shall be credited to the funds from which the purchase was originally made.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 27. Art Works in Public Buildings and Facilities › Sec. 35.27.010. Purpose.

The state recognizes its responsibility to foster culture and the arts and the necessity for the viable development of its artists and craftsmen. The legislature declares it to be a state policy that a portion of appropriations for capital expenditures be set aside for the acquisition of works of art to be used for state buildings and other public facilities.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 27. Art Works in Public Buildings and Facilities › Sec. 35.27.020. Art requirements for public buildings and facilities.

(a) A building or facility constructed after June 30, 1975, or remodeled or renovated after June 30, 1975, shall include works of art, including but not limited to sculptures, paintings, murals or objects relating to Native art.
(b) The department, before preparing plans and specifications for buildings and facilities, shall consult with the Alaska State Council on the Arts regarding the desirability of inclusion of works of art.
(c) At least one percent or, in the case of a rural school facility, at least one-half of one percent of the construction cost of a building or facility approved for construction by the legislature will be reserved for the following purposes: the design, construction, mounting, and administration of works of art in a school, office building, court building, vessel of the marine highway system, or other building or facility that is subject to substantial public use.
(d) A building or facility with an estimated construction cost of less than $250,000 is exempt from the requirements of this chapter unless inclusion of works of art in the design and construction of the building or facility is specifically authorized by the department.
(e) The artist who executes these works of art shall be selected by the architect for the department with the approval of the department, after consultation with the Alaska State Council on the Arts and the principal user of the public buildings or facilities.
(f) The artist who executes these works of art in the public schools shall be selected by the superintendent of a school district in which a public school is to be built with the approval of the school board. Should the department find in the best interest of the state that the selection of the artist who executes these works of art by the superintendent may result in a cost overrun to the state or delay of construction, the department shall make the selection of the artist in consultation with the superintendent.
(g) The architect, superintendent, department, and the Alaska State Council on the Arts shall encourage the use of state cultural resources in these art works and the selection of Alaska resident artists for the commission of these art works.
(h) The Alaska State Council on the Arts shall manage the relocation, disposition, and exchange of works of art acquired under this chapter as provided in AS 44.27.050(7).
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 27. Art Works in Public Buildings and Facilities › Sec. 35.27.030. Definitions.

In this chapter,
(1) “building” or “facility” means a permanent improvement constructed by the department; the term
(A) includes, but is not limited to,
(i) schools, office buildings, and court buildings;
(ii) other buildings which the commissioner determines are designed for substantial public use;
(iii) boats and vessels of the marine highway system;
(iv) transportation facilities which accommodate traveling passengers;
(B) excludes other transportation facilities;
(2) “construction cost” is that cost expended for the actual construction of the facility, exclusive of the costs of land acquisition, site investigation, design services, administrative costs, equipment purchases, and any other costs not specifically incurred within the construction contract or contracts awarded for the construction of the facility.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 30. Consistency with Local Government Plans and Ordinances › Sec. 35.30.010. Review and approval by local planning authorities.

(a) Except as provided in (b) of this section, before commencing construction of a public project,
(1) if the project is located in a municipality, the department shall submit the plans for the project to the planning commission of the municipality for review and approval;
(2) if the project is located within two miles of a village, the department shall submit the plans to the village council for review and comment;
(3) if the project is located within one-half mile of the boundary of an area represented by a community council established by municipal charter or ordinance, the department shall submit the plans to the community council for review and comment.
(b) Prior approval by a municipal planning commission may not be required before the commencement of construction of a highway or local service road if
(1) the department and the municipality have entered into agreement for the planning of the project under AS 19.20.060 or 19.20.070 and the plans for the project are completed in accordance with the terms of that agreement;
(2) the municipality has adopted a municipal master highway plan under AS 19.20.080 and the highway or local service road is consistent with the plan adopted; or
(3) the department has entered into agreement with the municipality for the planning of transportation corridors under AS 19.20.015 and the plans for the project are completed in accordance with the provisions of that agreement.
(c) If final disapproval by resolution of the governing body of the affected municipality or village is not received within 90 days from the date the project was submitted to the municipality or village, the department may proceed with the project.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 30. Consistency with Local Government Plans and Ordinances › Sec. 35.30.040. Definitions.

In this chapter,
(1) “public project” means a public building or other structure, public work, or other facility, highway, or local service road constructed or maintained by a department; the term includes the acquisition by purchase or agreement of land and rights in land for materials and the extraction or removal of materials necessary for completion of a highway under AS 19.05.080 - 19.05.120;
(2) “village” means an unincorporated community of the unorganized borough where at least 25 people reside as a social unit.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.035. Veterans' memorials.

(a) In Anchorage, the Glenn Highway from mile 0 to mile 9 is designated the Veterans' Memorial Parkway.
(b) In Fairbanks, the bridge to be built across the Chena River at Barnette Street, is named the Veterans' Memorial Bridge.
(c) In Juneau, the Glacier Highway from Auke Bay (mile 12) to Echo Cove (mile 39) is designated the Juneau Veterans' Memorial Highway.
(d) In Eagle River, the portion of the Eagle River Loop Road between the Anchorage Regional Landfill and Old Glenn Highway is concurrently designated as the Eagle River Veterans' Memorial Highway.
(e) The bridge on the Sterling Highway that crosses the Kenai River at Soldotna is named the David Douthit Veterans' Memorial Bridge.
(f) In the Matanuska-Susitna Valley, the road known as Seldon Road, East Colony Schools Drive, and that portion of the road known as Bogard Road that extends east and west between Palmer and Meadow Lakes, including the road extension to be constructed on the west end of Seldon Road and the extension to be constructed on the east end of Bogard Road, are renamed Veterans' Way. This subsection does not apply to that portion of Bogard Road that extends from the intersection of East Grumman Circle to Main Street.
(g) Bridge numbers 1124 and 1889 spanning the Matanuska River northbound and southbound at mile 30.4 of the Glenn Highway are named the Vietnam Helicopter Pilots' Memorial Bridge.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.140. Joe Redington, Sr., Memorial Trail.

The portion of the Knik-Goose Bay Road in the Matanuska-Susitna Borough between milepost 0 and milepost 15 is concurrently designated as the Joe Redington, Sr., Memorial Trail.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.165. Wendy Ann Cogdell Memorial Rest Area.

The rest area on the Officer Justin Todd Wollam Memorial Bike Trail located near mile 8.7 of the Glenn Highway is named the Wendy Ann Cogdell Memorial Rest Area. A memorial monument may be placed in the rest area.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.195. Charles Gamble Jr. - Donald Sperl Joint Use Facility.

The joint use student recreation center and National Guard readiness center built for the University of Alaska Southeast and the Department of Military and Veterans' Affairs at Juneau is named the Charles Gamble Jr. - Donald Sperl Joint Use Facility.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.205. Linny Pacillo Parking Garage.

The state parking garage being constructed in Anchorage north of the Robert B. Atwood Building is named the Linny Pacillo Parking Garage. The name of the facility honors Linny Pacillo, one of the original Anchorage “parking fairies,” who served the community as an agent of change through small acts of purposeful altruism.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.210. Purple Heart Trail.

(a) The Alaska Highway from the Alaska-Canada Border to Delta Junction, the Richardson Highway between Delta Junction and Fairbanks, the George Parks Highway between Fairbanks and Wasilla, the Glenn Highway between Wasilla and Anchorage, the Seward Highway between Anchorage and the Seward-Sterling highway junction, the Sterling Highway to its termination at the end of the Homer Spit, and the Alaska marine highway system are concurrently designated the Purple Heart Trail.
(b) The department shall erect and maintain appropriate signs on each vessel of the Alaska marine highway system and facing the oncoming traffic in both directions along the Glenn Highway below Gold Star Peak near a site designated for a Gold Star Families Memorial Monument and entering the highway at Fairbanks, Delta Junction, Tok Junction, the Alaska Border, the Veterans Memorial at Byers Lake, Wasilla, Anchorage, the junction of the Seward and Sterling highways, Soldotna, Homer, and at points determined by the department between those locations designating the highways described in (a) of this section as the Purple Heart Trail. Each sign must
(1) display a replica of the Purple Heart Medal;
(2) contain the following statement: “Purple Heart Trail.”
(c) At not fewer than six pullouts along the Purple Heart Trail, selected by the commissioner, the department shall erect informational displays including
(1) a replica of the Purple Heart Medal;
(2) the following statement: “Purple Heart Trail”;
(3) information pertinent to the Purple Heart Medal and Purple Heart Trail and their history.
(d) The department shall determine the appropriate size for the signs to be erected under (b) of this section and informational displays described in (c) of this section.
(e) Notwithstanding the absence of separate accounting authority under AS 37.05.146, The Department of Transportation and Public Facilities may accept gifts, donations, and grants from a person or agency for the purpose of providing signage and informational displays required by (b) and (c) of this section. Gifts, donations, and grants shall be used in accordance with a memorandum of understanding agreed on by the donor and the department.
(f) The Department of Transportation and Public Facilities may create and erect the signs and informational displays required by (b) and (c) of this section, as funding for the signs and displays is made available through appropriation or donation to the department, regardless of whether the department has sufficient funding to create and erect all the signs and informational displays required by (b) and (c) of this section.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.220. Thomas B. Stewart Legislative Office Building.

(a) The Capitol Annex in Juneau known as the Scottish Rite Temple is named the Thomas B. Stewart Legislative Office Building.
(b) The legislative council shall prepare and install an appropriate plaque dedicating the Thomas B. Stewart Legislative Office Building in memory of the Honorable Thomas B. Stewart.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.223. Insook Baik Bridge.

(a) The Bragaw Street overcrossing of the Glenn Highway located in Mountain View in Anchorage is named the Insook Baik Bridge.
(b) Notwithstanding the absence of separate accounting authority under AS 37.05.146, the Department of Transportation and Public Facilities may accept gifts, donations, and grants from a person or agency for the purpose of providing signage and informational displays for the Insook Baik Bridge. Gifts, donations, and grants shall be used in accordance with a memorandum of understanding agreed on by the donor and the department.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.245. Spc. Stephen “Max” Cavanaugh, Jr., Memorial Overpass.

The Dowling Road overpass at milepost 123.7 on the New Seward Highway is named the Spc. Stephen “Max” Cavanaugh, Jr., Memorial Overpass.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 40. Names of Public Works › Sec. 35.40.370. Father Andrew P. Kashevaroff State Library, Archives, and Museum Building, and Representative Richard Foster Reading Room.

(a) The state library, archives, and museum building in Juneau is named the Father Andrew P. Kashevaroff State Library, Archives, and Museum Building.
(b) The public reading room in the state library, archives, and museum building in Juneau is named the Representative Richard Foster Reading Room.
2023 Alaska Statutes › Title 35. Public Buildings, Works, and Improvements › Chapter 95. General Provisions › Sec. 35.95.010. Purpose and intent.

The purpose of AS 35.05, AS 35.10, AS 35.15, and AS 35.20 is to establish a public works department capable of carrying out a public works planning and construction program that will provide public buildings necessary to efficient government, and boat harbors, jetties, dikes, and breakwaters necessary to the economy of Alaska communities, all of which is to the advantage and benefit of the general welfare of the public.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.010. Wage rates on public construction.

A contractor or subcontractor who performs work on a public construction contract in the state shall pay not less than the current prevailing rate of wages for work of a similar nature in the region in which the work is done. The current prevailing rate of wages is that contained in the latest determination of prevailing rate of wages issued by the Department of Labor and Workforce Development at least 10 days before the final date for submission of bids for the contract. The rate shall remain in effect for the life of the contract or for 24 calendar months, whichever is shorter. At the end of the initial 24-month period, if new wage determinations have been issued by the department, the latest wage determination shall become effective for the next 24-month period or until the contract is completed, whichever occurs first. This process shall be repeated until the contract is completed.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.030. Authority; investigations; hearings; regulations; enforcement.

(a) The Department of Labor and Workforce Development has the authority to determine the prevailing wage, and whether or not this chapter is being violated. The department may when necessary for the enforcement of this chapter
(1) conduct investigations and hold hearings concerning wages;
(2) compel the attendance of witnesses and the production of books, papers, and documents;
(3) adopt regulations.
(b) If a person violates this chapter the attorney general shall, when requested by the Department of Labor and Workforce Development, enforce these provisions.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.035. Notification of contract awards.

Upon awarding a public construction contract, the state or a political subdivision of the state shall
(1) immediately notify the commissioner of labor and workforce development of the amount of the contract, the effective date of the contract, the identity of the contractor and all subcontractors, the site or sites of construction, and provide a project description; and
(2) verify that the bonding requirements of AS 36.25 have been met and that the requirements of AS 08.18 have been met.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.040. Filing schedule of employees, wages paid, and other information.

All contractors or subcontractors who perform work on a public construction contract for the state or for a political subdivision of the state shall, before the Friday of every second week, file with the Department of Labor and Workforce Development a sworn affidavit for the previous reporting period, setting out in detail the number of persons employed, wages paid, job classification of each employee, hours worked each day and week, and other information on a form provided by the Department of Labor and Workforce Development.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.045. Notice of work and completion; withholding of payment.

(a) Before commencing work on a public construction contract, the person entering into the contract with a contracting agency shall designate a primary contractor for purposes of this section. Before work commences, the primary contractor shall file a notice of work with the Department of Labor and Workforce Development. The notice of work must list work to be performed under the public construction contract by each contractor who will perform any portion of work on the contract and the contract price being paid to each contractor. The primary contractor shall pay all filing fees for each contractor performing work on the contract, including a filing fee based on the contract price being paid for work performed by the primary contractor's employees. The filing fee payable shall be the sum of all fees calculated for each contractor. The filing fee shall be one percent of each contractor's contract price. The total filing fee payable by the primary contractor under this subsection may not exceed $5,000. In this subsection, “contractor” means an employer who is using employees to perform work on the public construction contract under the contract or a subcontract.
(b) Upon completion of all work on the public construction contract, the primary contractor shall file with the Department of Labor and Workforce Development a notice of completion together with payment of any additional filing fees owed due to increased contract amounts. Within 30 days after the department's receipt of the primary contractor's notice of completion, the department shall inform the contracting agency of the amount, if any, to be withheld from the final payment.
(c) A contracting agency
(1) may release final payment on a public construction contract to the extent that the agency has received verification from the Department of Labor and Workforce Development that
(A) the primary contractor has complied with (a) and (b) of this section;
(B) the Department of Labor and Workforce Development is not conducting an investigation under this title; and
(C) the Department of Labor and Workforce Development has not issued a notice of a violation of this chapter to the primary contractor or any other contractors working on the public construction contract; and
(2) shall withhold from the final payment an amount sufficient to pay the department's estimate of what may be needed to compensate the employees of any contractors under investigation on this construction contract, and any unpaid filing fees.
(d) The notice and filing fee required under (a) of this section may be filed after work has begun if
(1) the public construction contract is for work undertaken in immediate response to an emergency; and
(2) the notice and fees are filed not later than 14 days after the work has begun.
(e) A false statement made on a notice required by this section is punishable under AS 11.56.210.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.060. Penalty for violation of this chapter.

A contractor who violates this chapter is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not less than 10 days nor more than 90 days, or by both. Each day a violation exists constitutes a separate offense.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.070. Wage rates in specifications and contracts for public works.

(a) The advertised specifications for a public construction contract that requires or involves the employment of mechanics, laborers, or field surveyors must contain a provision stating the minimum wages to be paid various classes of laborers, mechanics, or field surveyors and that the rate of wages shall be adjusted to the wage rate under AS 36.05.010.
(b) [Repealed, § 17 ch 142 SLA 1972.]
(c) A public construction contract under (a) of this section must contain provisions that
(1) the contractor or subcontractors of the contractor shall pay all employees unconditionally and not less than once a week;
(2) wages may not be less than those stated in the advertised specifications, regardless of the contractual relationship between the contractor or subcontractors and laborers, mechanics, or field surveyors;
(3) the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work;
(4) the state or a political subdivision shall withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the contractor or subcontractors the difference between
(A) the rates of wages required by the contract to be paid laborers, mechanics, or field surveyors on the work; and
(B) the rates of wages in fact received by laborers, mechanics, or field surveyors.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.080. Failure to pay agreed wages.

Every contract within the scope of AS 36.05.070 must contain a provision that if it is found that a laborer, mechanic, or field surveyor employed by the contractor or subcontractor has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the state or its political subdivision may, by written notice to the contractor, terminate the contractor's right to proceed with the work or the part of the work for which there is a failure to pay the required wages and to prosecute the work to completion by contract or otherwise, and the contractor and the contractor's sureties are liable to the state or its political subdivision for excess costs for completing the work.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.090. Payment of wages from withheld payments and listing contractors who violate contracts.

(a) The state disbursing officer in the case of a state public construction contract and the local fiscal officer in the case of a political subdivision public construction contract shall pay directly to laborers, mechanics, or field surveyors from accrued payments withheld under the terms of the contract the wages due laborers, mechanics, or field surveyors under AS 36.05.070.
(b) The state disbursing officer or the local fiscal officer shall distribute to all departments of the state government and to all political subdivisions of the state a list giving the names of persons who have disregarded their obligations to employees. A person appearing on this list and a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a public construction contract for the state or a political subdivision of the state until three years after the date of publication of the list. If the accrued payments withheld under the contract are insufficient to reimburse all the laborers, mechanics, or field surveyors with respect to whom there has been a failure to pay the wages required under AS 36.05.070, the laborers, mechanics, or field surveyors have the right of action or intervention or both against the contractor and the contractor's sureties conferred by law upon persons furnishing labor or materials, and in the proceedings it is not a defense that the laborers, mechanics, or field surveyors accepted or agreed to accept less than the required rate of wages or voluntarily made refunds.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.100. Effect of AS 36.05.070 - 36.05.110 on other laws.

AS 36.05.070 - 36.05.110 do not supersede or impair authority granted by state law to provide for the establishment of specific wage rates.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 05. Wages and Hours of Labor › Article 1. Public Construction Contracts. › Sec. 36.05.110. Contracts entered into without advertising.

The fact that a public construction contract authorized by law is entered into upon a cost-plus-a-fixed-fee basis or otherwise, without advertising for proposals, does not make AS 36.05.070 - 36.05.110 inapplicable if those sections are otherwise applicable to the contract.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.070. Unavailability of preferred workers.

(a) An employer subject to hiring requirements under this chapter may request the Department of Labor and Workforce Development to assist in locating qualified, eligible employees. After receiving a request for assistance, the department shall refer qualified, eligible, available residents to the employer to fill the employer's hiring needs. The employer shall cooperate with the department.
(b) If the department is unable to refer a sufficient number of qualified, eligible, available residents able to perform the work, the commissioner of labor and workforce development may approve the hiring of residents who are not eligible for preference and nonresidents for the balance of the request.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.075. Regulations.

(a) The commissioner of labor and workforce development shall adopt regulations necessary to carry out the provisions of this chapter including but not limited to the method, time, and content of reporting by employers covered by this chapter and reporting provisions permitting on-going supervision by the Department of Labor and Workforce Development on all public works projects covered by this chapter.
(b) The commissioner of labor and workforce development shall adopt regulations to encourage and require the hiring of residents to the maximum extent permitted by law.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.090. Publication of list of violators.

(a) The commissioner of labor and workforce development shall distribute to all departments and agencies of the state government and to all political subdivisions of the state a list of the names of persons or firms convicted of a violation of this chapter. A person appearing on the list or a firm, corporation, partnership, or association in which the person has an interest may not work as a contractor or subcontractor on a public construction contract for the state or a political subdivision until after three years from the date of publication of the list.
(b) A local government or school district covered by the provisions of this chapter that is found to be in violation of these provisions may be required to forfeit all or part of the state aid made available for the project in which the violation occurs and in addition may be denied up to 12 months of state community assistance or public school funding. A state department or agency head found to be in violation of this chapter may be required to forfeit the position of department or agency head.
(c) A person or governmental entity covered by the provisions of (b) of this section who is not satisfied by a decision of the Department of Labor and Workforce Development may, as the final administrative process, appeal the decision to a committee consisting of the commissioners of transportation and public facilities, labor, and workforce development, and administration. The commissioner of transportation and public facilities is the chairman of the committee. A quorum for conducting business is three members and any decision made must be supported by a majority of the committee members. The committee may, upon a showing of hardship, waive all or any part of the penalty provisions of this chapter.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.100. Retainage and penalty.

(a) A contractor who violates a provision of this chapter shall have deducted from amounts due to the contractor under the contract the prevailing wages that should have been paid to a displaced resident, and these amounts shall be retained by the contracting agency.
(b) A contractor or the agent of a contractor who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500, or by imprisonment for not more than 90 days, or by both.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.125. Enforcement.

(a) The attorney general shall, when requested by the Department of Labor and Workforce Development, enforce the provisions of this chapter. The attorney general may obtain a court order prohibiting a contractor or subcontractor violating this chapter from continuing to work on existing public construction contracts of the state or a political subdivision of the state. The state or political subdivision of the state may prosecute the work to completion by contract or otherwise, and the contractor or subcontractor and the sureties of the contractor or subcontractor are liable for excess costs for completing the work.
(b) A private person is entitled to bring an action in the superior court to enforce the provisions of this chapter if that private person first gives at least 20 days notice to the commissioner of labor and workforce development. The notice must set out
(1) the intent of the private person to bring an action under this subsection;
(2) the specific violation complained of; and
(3) the name of the person accused of the violation.
(c) In an action brought under (b) of this section, the court may, in its discretion, order denial of state community assistance, revenue sharing, or public school funding, forfeiture of office or position, or injunctive or other relief. If the court finds for the plaintiff in an action brought under (b) of this section, it may award the plaintiff an amount equal to the actual costs and attorney fees incurred by the plaintiff.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.130. Resident hire report.

The attorney general and the commissioner of labor and workforce development shall report annually to the governor on the status of employment in the state, the effect of nonresident employment on the employment of residents in the state, and methods to increase resident hire. The report shall be submitted by January 31 of each year, and the governor shall notify the legislature that the report is available.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.140. Eligibility for preference; approval of job-training programs; certification.

(a) A person is eligible for an employment preference under this chapter if the person certifies eligibility as required by the Department of Labor and Workforce Development, is a resident, and
(1) is receiving unemployment benefits under AS 23.20 or would be eligible to receive benefits but has exhausted them;
(2) is not working and has registered to find work with a public or private employment agency or a local hiring hall;
(3) is underemployed or marginally employed as defined by the department; or
(4) has completed a job-training program approved by the department and is either not employed or is engaged in employment that does not use the skills acquired in the job-training program.
(b) In approving job-training programs under (a) of this section, the department shall use information and findings from other state and federal agencies as much as possible.
(c) An employer subject to a resident hiring requirement under this chapter shall certify that persons employed as residents under the preference were eligible for the preference at the time of hiring.
(d) A labor organization that dispatches members for work on a public works project under a collective bargaining agreement shall certify that persons dispatched as residents to meet a preference were eligible for the preference at the time of dispatch.
(e) An employer or labor organization may request assistance from the Department of Labor and Workforce Development in verifying the eligibility of an applicant for a hiring preference under this chapter.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.150. Determination of zone of underemployment.

(a) Immediately following a determination by the commissioner of labor and workforce development that a zone of underemployment exists, and for the next two fiscal years after the determination, qualified residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for work on each project under AS 36.10.180 that is wholly or partially sited within the zone. The preference applies on a craft-by-craft or occupational basis.
(b) The commissioner of labor and workforce development shall determine the amount of work that must be performed under this section by qualified residents who are eligible for an employment preference under AS 36.10.140. In making this determination, the commissioner shall consider the nature of the work, the classification of workers, availability of eligible residents, and the willingness of eligible residents to perform the work.
(c) The commissioner shall determine that a zone of underemployment exists if the commissioner finds that
(1) the rate of unemployment within the zone is substantially higher than the national rate of unemployment;
(2) a substantial number of residents in the zone have experience or training in occupations that would be employed on a public works project;
(3) the lack of employment opportunities in the zone has substantially contributed to serious social or economic problems in the zone; and
(4) employment of workers who are not residents is a peculiar source of the unemployment of residents of the zone.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.160. Preference for residents of economically distressed zones.

(a) Immediately following a determination by the commissioner that an economically distressed zone exists, and for the next two fiscal years after the determination, qualified residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for at least 50 percent of employment on each project under AS 36.10.180 that is wholly or partially sited within the zone. The preference applies on a craft-by-craft or occupational basis.
(b) The commissioner shall determine that an economically distressed zone exists if the commissioner finds that
(1) the per capita income of residents of the zone is less than 90 percent of the per capita income of the United States as a whole, or the unemployment rate in the zone exceeds the national rate of unemployment by at least five percentage points;
(2) the lack of employment opportunities in the zone has substantially contributed to serious social or economic problems in the zone; and
(3) employment of workers who are not residents is a peculiar source of unemployment of residents of the zone.
2023 Alaska Statutes › Title 36. Public Contracts › Chapter 10. Employment Preference › Sec. 36.10.170. Preference for economically disadvantaged minority residents.

(a) Immediately following a determination by the commissioner that the minority residents of a zone are economically disadvantaged, and for the next two fiscal years after the determination, qualified minority residents of the zone who are eligible under AS 36.10.140 shall be given preference in hiring for at least 25 percent, or a percent representative of the civilian minority residents in the zone, whichever is greater, of employment on each project under AS 36.10.180 that is wholly or partially sited within the zone. The preference applies on a craft-by-craft or occupational basis.
(b) The commissioner shall determine that the minority residents of a zone are economically disadvantaged if the commissioner finds that
(1) the percentage of civilian minority residents in the zone exceeds the percentage of civilian minority residents in the state;
(2) either the percent of unemployment of civilian minority residents of the zone is at least two times the percent of unemployment of nonminority residents of the zone or the civilian minority population of the zone has suffered past economic discrimination;
(3) the economic disadvantage of civilian minority residents of the zone has substantially contributed to serious social or economic problems in the zone; and
(4) employment of workers who are not residents is a peculiar source of unemployment of civilian minority residents of the zone.
(c) In this section, a person is considered to be a member of a minority if the person is Hispanic, Asian or Pacific Islander, American Indian or Alaskan Native, or Black as those terms are defined by the Equal Employment Opportunity Commission.