reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.965 - Request for waiver of penalty

Current through May 31, 2024
(a) A permittee or
				licensee may request the department to waive a penalty due the department under
				AS
				05.15.095(d) for reasonable
				cause. A waiver request must be made in writing to the department and must
				provide a detailed explanation of the reasons said to justify the
				waiver.
(b) Reasons constituting
				reasonable cause under
				AS
				05.15.095(d) include
(1) war, riot, rebellion, act of God, or
				other disaster that rendered it impossible for the permittee or licensee to pay
				the fee or that made the delay in paying the fee unavoidable; and
(2) an act or omission by a third party that
				was beyond the control of the permittee or licensee and made delay in paying
				the fee unavoidable.
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.970 - Member in charge restriction

Current through May 31, 2024
(a) A member in
				charge or alternate member in charge of a permittee may not be an operator,
				employee of an operator, registered vendor, or employee of a registered vendor
				that conducts gaming activity for the permittee.
(b) A member in charge or alternate member in
				charge must be a natural person. A change in a member in charge or alternate
				member in charge must be reported to the department on an amended application
				under 15 AAC 160.070.
(c) A member in charge or an alternate member
				in charge who is designated on a permit application must have been an active
				member of the permittee, on the board of directors of the permittee, or an
				employee of the permittee for at least six months before the date of the permit
				application.
(d) The member in
				charge, and the alternate member in charge in the absence of the member in
				charge,
(1) are the principal points of
				contact between the permittee and the department, particularly in the
				investigation of complaints and the review or audit of reports;
(2) are responsible for ensuring that gaming
				activity, including oversight of the manager of gaming, if any, is properly
				conducted, that gaming activity is properly recorded and reported, and that
				requested information and records are provided to the department in a timely
				manner; and
(3) shall make an
				effort to ensure that adequate internal controls are used on activities
				conducted under AS 05.15 and this chapter, and that net proceeds are properly
				used.
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.975 - Permittee and operator tests

Current through May 31, 2024
(a) The department
				will not issue a permit to a municipality, qualified organization, or
				multiple-beneficiary permittee until the applicant's member in charge and
				alternate member in charge have passed the test required under
				AS
				05.15.112(a).
(b) The department will not issue an
				operator's license to a person, municipality, or qualified organization until
				the person, the designated employee of the municipality, or the designated
				member of the organization has passed the test required under
				AS
				05.15.122(b)(6).
(c) For applications for permits for calendar
				years after 2005, a manager of gaming for a multiple-beneficiary permittee, or
				for a permittee that engages in bingo or pull-tab sales under its own permit,
				must pass the test required of a member in charge under
				AS
				05.15.112(a).
(d) A prospective member in charge,
				prospective alternate member in charge, prospective manager of gaming, or
				applicant for an operator license who fails to pass the test required under
				AS
				05.15.112(a) or
				AS
				05.15.122(b)(6) must arrange
				with the department for retesting. The department may require additional study
				time before rescheduling the test for the person being tested.
(e) The department may require operators,
				members in charge, alternate members in charge, and managers of gaming to
				retest, if the department finds that changes in AS 05.15 or this chapter are
				sufficiently extensive to warrant it.
Authority:
AS
					 05.15.060
AS 05.15.112
AS
					 05.15.122
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.980 - Inspection of premises, books, and records

Current through May 31, 2024
(a) Premises used
				to conduct an activity permitted under AS 05.15 must be open to inspection by
				the department whenever an activity is conducted at the premises or any other
				reasonable time. During an inspection, the department may
(1) count the money on hand or received from
				gaming activity while the activity is conducted;
(2) repealed 1/1/2003;
(3) repealed 1/1/2003;
(4) inspect the books and records of the
				permittee, licensee, registered vendor, employee, or other person that directly
				participates in the conduct of the activity; or
(5) inspect the premises as reasonably
				necessary to enforce AS 05.15 and this chapter.
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.985 - Advisory notices and notices of violation

Current through May 31, 2024
(a) The department
				may issue an advisory notice to a permittee, licensee, or registered vendor if
				an incident occurs or a defect is identified that could result in a violation
				of AS 05.15 or this chapter. An advisory notice may not constitute grounds for
				administrative or court action against a permittee, licensee, or registered
				vendor, but may constitute grounds for issuance of a notice of violation if the
				incident or defect continues uncorrected. A copy of an advisory notice will be
				filed only in the enforcement file of a permittee, licensee, or registered
				vendor.
(b) The department may
				issue a notice of violation to a permittee, licensee, or registered vendor if
				the department has reason to believe that a violation of AS 05.15 or this
				chapter has occurred or might occur.
(c) The department will place a notice of
				violation and any written response in the permanent record of the department
				for the permittee, license, or registered vendor to whom the notice was
				issued.
Authority:
AS
					 05.15.060
AS
					 05.15.100
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.990 - Proof of activity

Current through May 31, 2024
In fulfilling its duties under
				  AS
				  05.15.180(b), the department
				  will presume that an activity did not exist and was not conducted before
				  January 1, 1959. A permittee or operator may overcome this presumption by
				  submitting documentation such as newspaper articles, records, and other proof
				  that establishes that the activity did exist and was conducted as required
				  under AS
				  05.15.180(b).
Authority:
AS
					 05.15.060
AS 05.15.100
AS 05.15.140
AS
					 05.15.180
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.992 - Reinstatement of persons prohibited from involvement

Current through May 31, 2024
(a)
				Disqualification of a person under
				AS
				05.15.105 terminates 10 years after the
				person's conviction for a crime that is at the time of conviction for the
				violation of a law of this state or, if of another jurisdiction, would if
				committed in this state be a Class B felony other than extortion, a Class C
				felony, or an unclassified felony described outside AS 11, and that is not a
				crime of dishonesty or theft or a violation of gambling laws.
(b) Disqualification of a person for a
				conviction for the violation of a law of this or another jurisdiction that is a
				crime of dishonesty or theft or is a violation of gambling laws, that is not an
				unclassified felony described in AS 11, a Class A felony, or the crime of
				extortion, terminates 10 years after the date of conviction if the department
				determines that the
(1) person is of good
				moral character, honesty, and integrity; and
(2) person's involvement in charitable gaming
				is not against the public interest.
Alaska Administrative Code › Title 15 - Revenue › Chapter 160 - Authorized Games of Chance and Skill › Article 11 - General Provisions › 15 AAC 160.995 - Definitions

Current through May 31, 2024
As used in AS 05.15 and this chapter, unless the context
				  requires otherwise,
(1) "advisory
				notice" means an informal notice by the department to a multiple-beneficiary
				permittee or other permittee, licensee, or registered vendor that a complaint
				has been filed with the department or that the department has reason to believe
				that a violation of AS 05.15 or this chapter has occurred;
(2) "affiliate" means a separate legal entity
				that controls, is controlled by, or is under common control with the person,
				whether the control is exercised by ownership or contract; "affiliate" includes
				a parent, subsidiary, or other business with at least 10 percent ownership by
				the person and related parties;
(3)
				"authorized expenses" means costs that are reasonable, ordinary, and necessary
				to the conducting of an activity permitted under AS 05.15; "authorized
				expenses"
(A) includes
(i) the depreciation and maintenance of
				equipment used exclusively in an activity permitted under AS 05.15;
(ii) the printing of raffle
				tickets;
(iii)
				advertising;
(iv) utilities,
				maintenance, property taxes, insurance, and depreciation of the portion of a
				building, together with improvements, owned by the holder of the permit that is
				used for gaming activity;
(v) the
				lease or rental of property and facilities;
(vi) postage;
(vii) freight;
(viii) accounting services;
(ix) employee wages and payroll
				taxes;
(x) pull-tab taxes under
				AS
				05.15.184;
(xi) janitorial services for the
				premises;
(xii) food for player
				consumption on the premises provided free of charge;
(xiii) legal and consulting services, if
				directly related to the conduct of an activity authorized under AS 05.15 or
				this chapter;
(xiv) door
				prizes;
(xv) interest on allowable
				loans; and
(xvi) other amounts
				allowed by generally accepted accounting principles as modified by AS 05.15 and
				this chapter;
Alaska Administrative Code › Title 15 - Revenue › Chapter 165 - Tax on Gaming or Gambling Activities Aboard Large Passenger Vessels › 15 AAC 165.110 - Tax returns, payment, and administration

Current through May 31, 2024
(a) An operator
			 shall file an annual tax return on a calendar year basis. The tax return, and
			 the total tax imposed by
			 AS
			 43.35.210, are due on April 15 of the
			 following calendar year.
(b) The
			 operator shall file the tax return on a form prescribed by the department. The
			 operator or an authorized agent of the operator shall sign the tax return under
			 penalty of unsworn falsification.
As of Register 186 (July 2008), the regulations attorney made
				  technical revisions under
				  AS
				  44.62.125(b)(6), to
				  15 AAC 165.110 and the authority
				  citation for that section, to reflect the renumbering of statutory authorities,
				  from AS 05.16.010 - 05.16.030 to
				  AS
				  43.35.200-43.35.220, by the revisor of
				  statutes on May 8, 2008.
Authority:
AS
				  43.05.080
AS
				  43.35.210
Alaska Administrative Code › Title 15 - Revenue › Chapter 165 - Tax on Gaming or Gambling Activities Aboard Large Passenger Vessels › 15 AAC 165.120 - Extension of time for filing return

Current through May 31, 2024
(a) An operator may
			 file for an automatic six-month extension of time for filing a tax
			 return.
(b) An operator must file
			 an application for an extension of time for filing a tax return with the
			 department no later than the tax return due date. The operator must attach a
			 copy of the extension application with the tax return.
(c) An extension of time for filing the tax
			 return does not extend the time for payment of the total amount of tax
			 due.
As of Register 186 (July 2008), the regulations attorney made
				  technical revisions under
				  AS
				  44.62.125(b)(6), to the
				  authority citation for
				  15 AAC 165.120, to reflect the
				  renumbering of statutory authorities, from AS 05.16.010 - 05.16.030 to
				  AS
				  43.35.200-43.35.220, by the revisor of
				  statutes on May 8, 2008.
Authority:
AS
				  43.05.080
AS
				  43.35.210
Alaska Administrative Code › Title 15 - Revenue › Chapter 165 - Tax on Gaming or Gambling Activities Aboard Large Passenger Vessels › 15 AAC 165.130 - Calculation of tax

Current through May 31, 2024
An operator shall calculate the amount subject to tax imposed
				by AS
				43.35.210 by multiplying adjusted gross
				income from gaming or gambling earned during the entire voyage by the
				percentage of gaming or gambling hours conducted in waters under the state's
				jurisdiction. The operator shall calculate the percentage by dividing the total
				number of gaming or gambling hours while in waters under the state's
				jurisdiction by the total number of gaming or gambling hours during the entire
				voyage.
As of Register 186 (July 2008), the regulations attorney made
				  technical revisions under
				  AS
				  44.62.125(b)(6), to
				  15 AAC 165.130 and the authority
				  citation for that section, to reflect the renumbering of statutory authorities,
				  from AS 05.16.010 - 05.16.030 to
				  AS
				  43.35.200-43.35.220, by the revisor of
				  statutes on May 8, 2008.
Authority:
AS
				  43.05.080
AS 43.35.200
AS
				  43.35.210
Alaska Administrative Code › Title 15 - Revenue › Chapter 165 - Tax on Gaming or Gambling Activities Aboard Large Passenger Vessels › 15 AAC 165.140 - Records retention and inspection

Current through May 31, 2024
An operator shall preserve in hard copy or in electronic
				format, all books, records, and any other data used to prepare the tax return.
				The operator shall retain those materials for three years following the return
				due date or the date the operator files the return, whichever is later. For
				each large passenger vessel on which the operator conducted gaming or gambling
				in waters under the state's jurisdiction, the operator shall prepare and
				maintain information that includes
(1)
			 the name and call sign of the vessel providing each voyage;
(2) a list of all voyages that the vessel
			 completed during the year;
(3) the
			 names of the ports where each voyage originated and ended;
(4) the beginning and ending date of each
			 voyage;
(5) the total gaming and
			 gambling hours for each voyage;
(6)
			 the total gaming and gambling hours conducted in waters under the state's
			 jurisdiction for each voyage;
(7)
			 the books and records used to calculate the amount of adjusted gross income
			 from gaming or gambling earned on each voyage, including the books and records
			 used to support the amount of adjusted gross income from gaming or gambling
			 reflected in audited financial statements; and
(8) the amount of federal and municipal taxes
			 paid or owed that were deducted in computing the adjusted gross income from
			 gaming and gambling for each voyage.
As of Register 186 (July 2008), the regulations attorney made
				  technical revisions under
				  AS
				  44.62.125(b)(6), to the
				  authority citation for
				  15 AAC 165.140, to reflect the
				  renumbering of statutory authorities, from AS 05.16.010 - 05.16.030 to
				  AS
				  43.35.200-43.35.220, by the revisor of
				  statutes on May 8, 2008.
Authority:
AS
				  43.05.080
AS
				  43.35.210
Alaska Administrative Code › Title 15 - Revenue › Chapter 165 - Tax on Gaming or Gambling Activities Aboard Large Passenger Vessels › 15 AAC 165.900 - Definitions

Current through May 31, 2024
(a) In
			 AS
			 43.35.200-43.35.220 and this chapter, unless
			 the context requires otherwise,
(1) "gaming
			 or gambling" means a contest, game, or activity in which a person stakes or
			 risks something of value upon
(A) the outcome
			 of a contest of skill or chance or a future contingent event not under the
			 person's control or influence; and
(B) an agreement or understanding that the
			 person or another person will receive something of value in the event of a
			 certain outcome;
Alaska Administrative Code › Title 16 - Economic Development

Current through May 31, 2024
As of Register 109 (April 1989), the material formerly in Title
			 16 of the Alaska Administrative Code (i.e., 16 AAC 05.010, with its appended
			 forms) has been deleted by the regulations attorney under the authority of
			 AS
			 44.62.125(b)(6), with its
			 reference to
			 AS
			 01.05.031. Chapter 207, SLA 1975 abolished
			 the former Department of Economic Development and transferred many of its
			 functions to the newly named Department of Commerce and Economic Development.
			 The statute under which the regulation was adopted (AS
			 43.18.300)  was relocated to AS 29.89.110,
			 which, in turn, was repealed by § 88, ch. 74, SLA 1985.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.010 - State highway system

Current through May 31, 2024
(a) The state highway system includes highway
			 facilities that fall within one of the following program classifications:
(1) highways that are included within the
			 National Highway System established under
			 23 U.S.C.
			 103;
(2) the highway elements of the Alaska
			 Highway System under
			 17 AAC 05.170(c);
(3) highways and transportation-related
			 facilities designated under
			 17 AAC 05.170(d)
			 (Community Transportation Program) or
			 17 AAC 05.170(e)
			 (Trails and Recreational Access for Alaska (TRAAK) Program).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.020 - Commissioner's deed

Current through May 31, 2024
Whenever any real property, or interest therein, shall have
				been acquired by or transferred to the state through inadvertence or mistake in
				connection with highway purposes, the department shall prepare and submit a
				deed signed by the commissioner reconveying the right, title, or interest
				acquired. However, the reconveyance may not be executed until the state has
				been repaid the consideration, if any, for the acquisition or
				transfer.
Authority:
AS
				  19.05.020
AS
				  19.05.040
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.045 - Rest stops and pullouts

Current through May 31, 2024
(a) A person may
			 not park a vehicle or camp for longer than the posted limits in a highway rest
			 stop or pullout located on the state highway system.
(b) Except for information posted on traveler
			 information kiosks described in
			 17 AAC 60.401, a person may not
			 advertise goods or services or solicit in a highway rest stop or pullout on the
			 state highway system.
(c) Except
			 for activities conducted by a government agency or a contractor acting on
			 behalf of a government agency, a person may not sell goods or services or
			 conduct a commercial activity that involves an exchange of goods or services in
			 a highway rest stop or pullout on the state highway system.
Authority:
AS
				  19.05.020
AS 19.10.020
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.080 - Innovative construction contracting pilot program

Current through May 31, 2024
(a) The innovative
			 construction contracting pilot program may be used for the construction of a
			 project that has unique requirements because of locale, climatic conditions, or
			 environmental constraints, and the commissioner determines that use of this
			 program for a particular project is in the best interests of the state. On a
			 contract specific basis, the department will, in its discretion, provide for a
			 bonus to encourage local industry, strengthen and stabilize the economy,
			 decrease unemployment, or strengthen the tax and revenue base of the state, if
			 the successful bidder, upon completion of performance on the contract, has
			 achieved the goal for which the bonus is authorized.
(b) Award of a construction contract under
			 the innovative construction contracting pilot program will be to the lowest
			 responsible bidder that is responsive to the invitation to bid.
(c) The following sections from AS 36.30 are
			 incorporated by reference and apply to the innovative construction contracting
			 pilot program:
(1)AS
			 36.30.110 (invitation to bid);
(2)AS
			 36.30.120 (bid security);
(3)AS
			 36.30.130 (public notice of invitation to
			 bid);
(4)AS
			 36.30.140 (bid opening);
(5)AS
			 36.30.150 (bid acceptance and bid
			 evaluation);
(6)AS
			 36.30.160 (late bids);
(7)AS
			 36.30.170(a) (award to the
			 lowest responsible and responsive bidder);
(8)AS
			 36.30.560-36.30.615 (bid
			 protests);
(9)AS
			 36.30.620-36.30.630 (contract
			 controversies); and
(10)AS
			 36.30.670-36.30.690 (hearings and
			 appeals).
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.120 - Statewide transportation planning process

Current through May 31, 2024
In the statewide transportation planning process, the
				department will provide for
(1) data
			 collection and analysis;
(2)
			 consideration of objectives set out in
			 17 AAC 05.125;
(3) coordination of activities identified in
			 17 AAC 05.135;
(4) the development of a range of
			 transportation options designed to meet the transportation needs of passengers
			 and freight and the safety of persons and property, including all modes and
			 their connections; and
(5)
			 consideration of comments from the public and interested persons.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.125 - Statewide transportation planning objectives

Current through May 31, 2024
(a) In the
			 statewide transportation planning process, the department will consider goals
			 and objectives that will further
(1) the
			 economic vitality of the state;
(2)
			 the safety and security of users of the state's transportation
			 system;
(3) accessibility and
			 mobility options available to people and for freight;
(4) the integration and connectivity of
			 various modes of the state's transportation system;
(5) the preservation of existing
			 transportation systems; and
(6) any
			 metropolitan area plan developed under
			 23 U.S.C.
			 134 and  49 U.S.C. 5303-5306.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.130 - Statewide transportation plan

Current through May 31, 2024
(a) In the
			 statewide transportation plan, the department will present the goals and
			 objectives that will guide the development for a forecast period of 20 years
			 for each of the state's modes of transportation. In the plan the department
			 will consider means and costs of improving existing modes and facilities,
			 whether each project is expected to qualify for state and federal financing,
			 and the costs and benefits of new transportation modes and facilities. The
			 department will develop the plan to address the entire state, and will include
			 in the plan separate components, subdivided by geographic region, modes of
			 transportation, and other distinctions relevant to statewide transportation
			 planning
(b) The department will
			 update the statewide transportation plan at least every five years to reflect
			 population and economic trends, transportation service demands, changes in
			 technology, economic development projects, and the identification of new
			 transportation objectives.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.135 - Public participation in the statewide transportation planning process

Current through May 31, 2024
(a) To
			 give notice of a proposed update to the statewide transportation plan and
			 invite persons to participate in a public review group to be formed under
			 17 AAC 05.140, the department will
(1) publish the notice in a newspaper of
			 general circulation;
(2) provide
			 written notice to interested persons and incumbent state legislators;
			 and
(3) post the notice on the
			 Alaska Online Public Notice System established under
			 AS
			 44.62.175.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.140 - Methods for receiving public input

Current through May 31, 2024
(a) Not less than
			 45 days after notice is first published under
			 17 AAC 05.135(a) (1) of a proposed update to the statewide
			 transportation plan, the department will form a public review group for the
			 proposed update to the plan. In the public review group the department will
			 include any person that
(1) responded under
			 17 AAC 05.135(c);
			 or
(2) requests inclusion in the
			 review process.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.145 - Public review of the draft plan

Current through May 31, 2024
(a) The department
			 will provide written notice to interested persons and members of the public
			 review group formed under
			 17 AAC 05.140 that the draft
			 statewide transportation plan is available on request, and will identify a web
			 site where the plan is posted. The department will distribute copies to
			 municipal public libraries.
(b) The
			 department will include a questionnaire with each copy of the draft statewide
			 transportation plan that solicits comments regarding the draft plan. The
			 department will conduct at least one public meeting to solicit comments from
			 members of the public and interested persons on the draft statewide
			 transportation plan. The department will provide notice of a public meeting in
			 a manner that the department considers effective to notify affected communities
			 and members of the public who are expected to attend.
(c) The department will set a public review
			 and comment period for the draft statewide transportation plan of at least 45
			 days, commencing three days after notice of the availability of the draft
			 statewide transportation plan is released to interested persons and the public
			 review group.
(d) The department
			 will make available upon request comments received during the public comment
			 period and the department's responses to those comments.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.150 - Adoption of the statewide transportation plan

Current through May 31, 2024
(a) Not more than
			 90 days after the end of the public review period for the draft transportation
			 plan under
			 17 AAC 05.145, the commissioner,
			 after considering the public comments received, will adopt an updated statewide
			 transportation plan that serves the best interests of the state. The
			 commissioner may extend the date for the adoption of the updated statewide
			 transportation plan an additional 120 days.
(b) Within 15 days after adoption of the
			 updated statewide transportation plan by the commissioner, the department will
			 provide written notice of the adoption to interested persons, the public review
			 group formed under
			 17 AAC 05.140, and any public
			 advisory committee appointed under
			 17 AAC 05.140(e).
(c) When the commissioner adopts a printed
			 document or map as a component of the statewide transportation plan, the
			 department will include an adoption page bearing the signature of the
			 commissioner and date of adoption. Each page and map must bear the notation "An
			 approved component of the Alaska Statewide Transportation Plan" followed by the
			 month, day, and year of the commissioner's adoption of the entire
			 document.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.155 - Statewide transportation improvement program (STIP)

Current through May 31, 2024
(a) At least every
			 three years, the department will develop a statewide transportation improvement
			 program (STIP). The purpose of the STIP is to schedule the expenditure of
			 surface transportation money on designated projects over a three-year
			 period.
(b) During the development
			 of the STIP, and after consultation with all municipalities contained within a
			 metropolitan planning organization (MPO) and notice to interested parties
			 outside an MPO, the commissioner will make a written determination of the level
			 of federal financing allocated under
			 17 AAC 05.170(d)
			 (Community Transportation Program) and
			 17 AAC 05.170(e)
			 (Trail and Recreational Access for Alaska (TRAAK) Program) to an MPO. In that
			 determination, the commissioner will equitably allocate financing for surface
			 transportation according to one or more of the following criteria:
(1) the number of lane miles of existing and
			 proposed highways and roads in each metropolitan planning area as compared to
			 the remainder of the state;
(2) the
			 geometric and functional deficiencies of highways and roads in each
			 metropolitan planning area as compared to the remainder of the state;
(3) the number of miles of sidewalks, trails,
			 and waysides in each metropolitan planning area as compared to the remainder of
			 the state;
(4) the number of
			 vehicle miles traveled or traffic congestion in each metropolitan planning area
			 as compared to the remainder of the state;
(5) the number and severity of traffic
			 accidents in each metropolitan planning area as compared to the remainder of
			 the state;
(6) the capacity of the
			 tax and employment base to contribute local money to the cost of surface
			 transportation within each metropolitan planning area as compared to the
			 remainder of the state;
(7) the
			 population within each metropolitan planning area as compared to the remainder
			 of the state;
(8) the degree of
			 unmet need for new or improved transportation features within each metropolitan
			 planning area as compared to the remainder of the state;
(9) consideration of the unmet needs for
			 minority and low-income population in each metropolitan planning area compared
			 to the remainder of the state.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.160 - Public participation in STIP process

Current through May 31, 2024
(a) At least every
			 three years, the department will provide for participation in development of
			 the STIP by
(1) interested persons;
(2) MPOs; the department will involve MPOs on
			 a cooperative basis for the portions of the STIP affecting metropolitan
			 planning areas;
(3) in areas
			 outside of metropolitan planning areas, local officials with responsibility for
			 transportation; and
(4) members of
			 the public.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.165 - General requirements for the STIP

Current through May 31, 2024
(a) In a STIP the
			 department will list surface transportation projects to be completed in the
			 next three years, evaluated and prioritized in each year to serve the state's
			 best interests. Project prioritization within a metropolitan planning area is
			 determined by its MPO in its TIP.
(b) Projects included in the STIP must be
			 consistent with the statewide transportation plan developed under
			 17 AAC 05.120 -
			 17 AAC 05.150.
(c) For each project, or an identified phase
			 of a project, the department will state the
(1) estimated total project cost; the total
			 project cost may extend beyond the three years of the STIP;
(2) state, federal, and other financing that
			 is available for the project; and
(3) amount of financing proposed for
			 obligation during each program year for the project or phase.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.170 - Project classification

Current through May 31, 2024
(a) The department will classify projects in
			 one of the following categories:
(1) the
			 National Highway System, including ferries and terminals;
(2) the Alaska Highway System;
(3) the Community Transportation Program;
			 and
(4) the Trails and Recreational
			 Access for Alaskans (TRAAK) Program.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.175 - Project needs list and evaluation

Current through May 31, 2024
(a) Projects
			 nominated for a project needs list under
			 17 AAC 05.160 may, after public
			 review and comment, be incorporated in the STIP. Except for projects classified
			 in the National Highway System, classified under
			 17 AAC 05.170(c)
			 in the Alaska Highway System, or exempt under
			 17 AAC 05.200, the department will
			 evaluate and score projects regionally and statewide according to criteria
			 applicable to each transportation program.
(b) For rural and urban streets projects
			 classified under
			 17 AAC 05.170(d)
			 (Community Transportation Program), the evaluation criteria are
(1) economic benefits resulting from the
			 project;
(2) the project's effect
			 upon health and quality of life;
(3) whether the project enhances the safety
			 of the traveling public;
(4)
			 whether the project improves intermodal transportation or lessens redundant
			 facilities;
(5) whether a
			 municipality, another state agency, or a federal agency has made a contribution
			 to finance capital costs;
(6)
			 whether a municipality, another state agency, or a federal agency has made a
			 commitment to assume ownership or to finance maintenance and operations
			 costs;
(7) whether the project will
			 lower state maintenance and operation costs;
(8) environmental approval
			 readiness;
(9) whether the project
			 involves only surface rehabilitation;
(10) evaluation of cost, length, and the
			 existing roadway's average annual daily traffic count;
(11) whether the project replaces deficient
			 bridges;
(12) whether the project
			 corrects deficient roadway width, grade, or alignment;
(13) the functional classification of the
			 project;
(14) the degree to which
			 the project exhibits innovation in the manner in which it addresses the
			 project's challenges; and
(15) the
			 degree of public support.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.180 - Draft STIP and adoption of the final STIP

Current through May 31, 2024
(a) Repealed
			 5/7/2005.
(b) After the close of
			 the review and comment period for the draft STIP and project needs list under
			 17 AAC 05.160, the department will
			 consider the comments received and prepare the final STIP. The final STIP is
			 not in force until it is approved by the United States Department of
			 Transportation under 23
			 U.S.C. 135(f) and
			 23 C.F.R.
			 450.220. Within 10 working days after that
			 approval, the department will give notice of the final STIP's adoption by
			 publication in a newspaper of general circulation, by posting notice on the
			 Alaska Online Public Notice System established under
			 AS
			 44.62.175, and by written notice to
			 interested parties.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS 44.42.030
AS
				  44.42.050
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.185 - STIP protests

Current through May 31, 2024
An interested person aggrieved with the evaluation of projects
				under 17 AAC 05.180 may, within 15 days
				after the release of a notice of adoption under
				17 AAC 05.180, file objections
				with the commissioner. The commissioner may issue a decision on the objections.
				If the commissioner does not issue a decision on any timely filed objections
				within 45 days after their receipt, the objections will be considered denied
				and the project will be considered in the next evaluation cycle under
				17 AAC 05.175. The commissioner's
				action sustaining or denying an objection is the final agency action on the
				issue raised. Absent a court order, a pending appeal does not stay the
				execution of the STIP.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS 44.42.030
AS
				  44.42.050
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.190 - Financial data

Current through May 31, 2024
(a) In the STIP, the department will include
			 a financial summary that
(1) demonstrates an
			 implementation strategy for the STIP;
(2) indicates resources that are reasonably
			 available to carry out the STIP, by the categories set out in
			 17 AAC 05.175(b)
			 - (f); and
(3) recommends, if
			 necessary, additional financing strategies for needed projects and
			 programs.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.195 - Amendment of the STIP

Current through May 31, 2024
(a) At any time, the department may amend the
			 STIP because of
(1) a change in the amount of
			 money available for a project;
(2)
			 emergency requirements;
(3)
			 unanticipated delays in completing a project or a phase of a project;
(4) a change in the scope, cost, or
			 development of a project; or
(5)
			 the state's best interests.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.200 - Mandatory and other classes of projects not subject to scoring

Current through May 31, 2024
(a)
			 The following types of programs or projects may be included in any project
			 classification of the STIP under
			 17 AAC 05.170, without following
			 the scoring process under
			 17 AAC 05.175 or the allocation by
			 program under
			 17 AAC 05.190 for a non-restricted
			 federal apportionment:
(1) safety,
			 infrastructure, and transportation security;
(2) projects to address air or water quality
			 issues or other environmental concerns not part of any specific surface
			 transportation project;
(3)
			 research, planning, or data collection related to surface
			 transportation;
(4) inspection and
			 evaluation of surface transportation facilities;
(5) training and educational opportunities
			 for staff and the public related to surface transportation issues;
(6) preventive maintenance or critical
			 repair, and maintenance of surface transportation facilities;
(7) seismic retrofit of transportation
			 bridges and features;
(8) civil
			 rights matters not related to any specific surface transportation
			 project;
(9) highway use tax
			 evasion projects financed under
			 23 U.S.C.
			 143;
(10) projects specifically appropriated by
			 the United States Congress;
(11)
			 emergency requirements;
(12)
			 management systems related to surface transportation systems;
(13) projects for the Alaska Railroad
			 Corporation financed by the United States Department of Transportation, Federal
			 Transit Administration or Federal Railroad Administration;
(14) any project or activity, related to
			 surface transportation, the completion of which is considered to be in the
			 state's best interest.
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 05 - Administration › 17 AAC 05.985 - Best interest

Current through May 31, 2024
When making a decision in the state's best interest, the
				department will exercise discretion to address, in furtherance of this chapter,
				factors of significance to the department in the matter under consideration.
				The department will document in writing the decision of a matter on the basis
				of the state's best interest and memorialize the factors of significance that
				affected the decision.
Authority:
AS
				  19.05.020
AS 19.05.030
AS 19.10.140
AS 44.42.030
AS
				  44.42.050
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.005 - Purpose of memorial sign program

Current through May 31, 2024
The purpose of the memorial sign program is to
(1) provide friends and relatives of persons
			 fatally injured in highway accidents with the opportunity to memorialize them
			 by sponsoring a memorial sign to be erected near the scene of the accident;
			 and
(2) combat drunk driving and to
			 increase the public's awareness of the need to drive safely and
			 responsibly.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.010 - Application procedure for a memorial sign for a fatally injured victim of an accident caused by a drunk driver

Current through May 31, 2024
Under this section, a person may apply to the department to
				sponsor a sign memorializing an individual who was fatally injured in a highway
				accident, in which another driver is alleged to be at fault and alcohol is
				alleged to be involved. The applicant must complete a memorial sign application
				furnished by the department. The applicant must submit the completed
				application to the department representative stated on the application, and
				must include with the application
(1)
			 the date and location of the highway accident;
(2) the name of the driver alleged to be at
			 fault;
(3) an affidavit by the
			 applicant that the individual to be memorialized was fatally injured in the
			 highway accident, that the other driver is alleged to be at fault, and that
			 alcohol is alleged to be involved; and
(4) the name of the individual who was
			 fatally injured as it should appear on the memorial sign.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.015 - Application procedure for a memorial sign for a drunk driver who was fatally injured in a highway accident

Current through May 31, 2024
A person may apply to the department to sponsor a sign
				memorializing an individual who was fatally injured in a highway accident in
				which the fatally injured is alleged to be the driver at fault and alcohol is
				alleged to be involved. The applicant must complete a memorial sign application
				furnished by the department. The applicant must submit the completed
				application to the department representative specified on the application, and
				must include with the application
(1)
			 the date and location of the highway accident;
(2) the name of the individual who was
			 fatally injured;
(3) an affidavit
			 by the applicant that the individual who was fatally injured is alleged to be
			 the driver at fault and alcohol is alleged to be involved;
(4) the name of each sponsor as it should
			 appear on the memorial sign.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.020 - Application procedure for a memorial sign for an individual who was fatally injured in a highway accident that did not involve alcohol

Current through May 31, 2024
A person may apply to the department to sponsor a sign
				memorializing an individual who was fatally injured in a highway accident that
				did not involve alcohol by completing a memorial sign application furnished by
				the department. The applicant shall submit the completed application along with
				the
(1) date and location of the
			 highway accident; and
(2) name of
			 the individual who was fatally injured as it should appear on the memorial
			 sign.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.025 - Department review of memorial sign application

Current through May 31, 2024
(a) Within 30 days
			 after the department receives a correctly completed application submitted under
			 17 AAC 08.010,
			 17 AAC 08.015, or
			 17 AAC 08.020 and the department
			 has inspected the proposed site for the memorial sign, the department will send
			 a written decision to the applicant as to whether the proposed sign
			 installation is in compliance with this chapter.
(b) A person who has applied for a memorial
			 sign under
			 17 AAC 08.010,
			 17 AAC 08.015, or
			 17 AAC 08.020 may appeal a
			 decision denying an application under 17 AAC 85.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.030 - Location, placement, and ownership of memorial signs

Current through May 31, 2024
(a) A memorial sign
			 that the department approves under this chapter will be placed in the highway
			 right-of-way, without cost to an applicant, near the location of the accident
			 and facing the oncoming traffic. However, a memorial sign will not be placed
			 nearer than 200 feet from an existing traffic sign or where the memorial sign
			 obstructs the visibility of an existing traffic sign.
(b) Memorial signs may be placed in a highway
			 right-of-way under the jurisdiction of the department except for a controlled
			 access highway. For purposes of this subsection, controlled access highways
			 include freeways, expressways and on-ramps and off-ramps of freeways and
			 expressways.
(c) The department
			 will furnish, install and retain ownership of a memorial sign.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.035 - Wording on memorial signs

Current through May 31, 2024
(a) If a memorial
			 sign is applied for under
			 17 AAC 08.010 and approved by the
			 department under this chapter, the department will install a cautionary sign
			 that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads
			 "IN MEMORY OF (the victim's name)".
(b) If a memorial sign is applied for under
			 17 AAC 08.015 and approved by the
			 department under this chapter, the department will install a cautionary sign
			 that reads "PLEASE DON'T DRINK AND DRIVE" and a separate name plaque that reads
			 "SPONSORED BY (the sponsor's name)".
(c) If a memorial sign is applied for under
			 17 AAC 08.020 and approved by the
			 department under this chapter, the department will install a cautionary sign
			 that reads "PLEASE DRIVE SAFELY" and a separate name plaque that reads "IN
			 MEMORY OF (the victim's name)".
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030
Alaska Administrative Code › Title 17 - Transportation and Public Facilities › Chapter 08 - Memorial Sign Program › 17 AAC 08.040 - Name plaque limit on a single memorial sign installation

Current through May 31, 2024
No more than three name plaques of victims or sponsors may
				appear below the memorial cautionary sign on a single memorial sign
				installation.
Authority:
AS
				  19.05.010
AS 19.05.020
AS 19.05.040
AS
				  44.42.030