HB 110: "An Act setting termination dates for various boards, commissions, councils, agencies, committees, and divisions of state government; repealing obsolete statutes relating to the State Fire Commission and the Board of Electrical Examiners; repealing obsolete statutes relating to termination of agency programs and activities; increasing to 10 years the normal maximum interval for review of boards, commissions, and other entities that are subject to sunset reviews; and providing for an effective date."
00HOUSE BILL NO. 110 01 "An Act setting termination dates for various boards, commissions, councils, 02 agencies, committees, and divisions of state government; repealing obsolete statutes 03 relating to the State Fire Commission and the Board of Electrical Examiners; 04 repealing obsolete statutes relating to termination of agency programs and 05 activities; increasing to 10 years the normal maximum interval for review of 06 boards, commissions, and other entities that are subject to sunset reviews; and 07 providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 08.03.010(c) is amended to read: 10 (c) The following boards have the termination date provided by this 11 subsection: 12 (1) Board of Public Accountancy (AS 08.04.010) - June 30, 2000 13 [1993]; 14 (2) Board of Governors of the Alaska Bar Association (AS 08.08.040) -
01 June 30, 1995 [1993]; 02 (3) State Board of Registration for Architects, Engineers, and Land 03 Surveyors (AS 08.48.011) - June 30, 2000 [1993]; 04 (4) Board of Barbers and Hairdressers (AS 08.13.010) - June 30, 1997 05 [1993]; 06 (5) Big Game Commercial Services Board (AS 08.54.300) - June 30, 07 1995 [1993]; 08 (6) Board of Certified Direct-Entry Midwives (AS 08.65.010) - June 30, 09 1996 [1994]; 10 (7) Board of Certified Real Estate Appraisers (AS 08.87.010) - June 30, 11 1997 [1994]; 12 (8) Board of Chiropractic Examiners (AS 08.20.010) - June 30, 2003 13 [1992]; 14 (9) Board of Clinical Social Work Examiners (AS 08.95.010) - June 30, 15 2000 [1995]; 16 (10) Board of Dental Examiners (AS 08.36.010) - June 30, 1996 17 [1993]; 18 (11) Board of Dispensing Opticians (AS 08.71.010) - June 30, 2003 19 [1992]; 20 (12) [BOARD OF ELECTRICAL EXAMINERS (AS 08.40.011) - 21 JUNE 30, 1991; 22 (13)] Board of Marine Pilots (AS 08.62.010) - June 30, 1998 [1994]; 23 (13) [(14)] Board of Marital and Family Therapy (AS 08.63.010) - 24 June 30, 1996 [1995]; 25 (14) [(15)] Board of Mechanical Examiners (AS 08.40.220) - June 30, 26 1995 [1992]; 27 (15) [(16)] State Medical Board (AS 08.64.010) - June 30, 2002 [1995]; 28 (16) [(17)] Board of Nursing (AS 08.68.010) - June 30, 2002 [1995]; 29 (17) [(18)] Board of Nursing Home Administrators (AS 08.70.010) - 30 June 30, 2001 [1994]; 31 (18) [(19)] Board of Examiners in Optometry (AS 08.72.010) - June 30,
01 2003 [1992]; 02 (19) [(20)] Board of Pharmacy (AS 08.80.010) - June 30, 1998 [1993]; 03 (20) [(21)] State Physical Therapy and Occupational Therapy Board 04 (AS 08.84.010) - June 30, 2002 [1993]; 05 (21) [(22)] Board of Psychologist and Psychological Associate 06 Examiners (AS 08.86.010) - June 30, 2001 [1995]; 07 (22) [(23)] Real Estate Commission (AS 08.88.011) - June 30, 1999 08 [1995]; 09 (23) [(24)] Board of Veterinary Examiners (AS 08.98.010) - June 30, 10 2001 [1993]. 11 * Sec. 2. AS 08.03.020(c) is amended to read: 12 (c) A board scheduled for termination under this chapter may be continued or 13 reestablished by the legislature for a period not to exceed 10 [FOUR] years unless the 14 board is continued or reestablished for a longer period under AS 08.03.010. 15 * Sec. 3. AS 24.20.271 is amended to read: 16 Sec. 24.20.271. POWERS AND DUTIES. The legislative audit division shall 17 (1) conduct a performance post-audit of boards and commissions 18 designated in AS 44.66.010 [AND OF THOSE PROGRAMS AND ACTIVITIES OF 19 AGENCIES SUBJECT TO TERMINATION AS DETERMINED IN THE MANNER 20 SET OUT IN AS 44.66.020 AND 44.66.030,] and submit the audit, together with a 21 written report, not later than the first day of the regular session of the legislature 22 convening in each year set out with reference to boards and [,] commissions [, OR 23 AGENCY PROGRAMS] whose activities are subject to termination as prescribed in 24 AS 44.66; 25 (2) audit at least once every three years the books and accounts of all 26 custodians of public funds and all disbursing officers of the state; 27 (3) at the direction of the Legislative Budget and Audit Committee, 28 conduct performance post-audits on any agency of state government; 29 (4) cooperate with state agencies by offering advice and assistance as 30 requested in establishing or improving the accounting systems used by state agencies; 31 (5) require the assistance and cooperation of all state officials and other
01 state employees in the inspection, examination, and audit of state agency books and 02 accounts; 03 (6) have access at all times to the books, accounts, reports, or other 04 records, whether confidential or not, of every state agency; 05 (7) ascertain, as necessary for audit verification, the amount of agency 06 funds on deposit in any bank as shown on the books of the bank; no bank may be held 07 liable for making information required under this paragraph available to the legislative 08 audit division; 09 (8) complete studies and prepare reports, memoranda, or other materials 10 as directed by the Legislative Budget and Audit Committee; 11 (9) have direct access to any information related to the management of 12 the University of Alaska and have the same right of access as exists with respect to 13 every other state agency. 14 * Sec. 4. AS 44.66.010 is amended to read: 15 (a) Boards and commissions listed in this subsection expire on the date set 16 out after each: 17 (1) Alcoholic Beverage Control Board (AS 04.06.010) - June 30, 2001 18 [1994]; 19 (2) [REPEALED 20 (3)] Board of Parole (AS 33.16.020) - June 30, 1998 [1993]; 21 (3) [(4)] Alaska Public Utilities Commission (AS 42.05.010) - June 30, 22 2003 [1993]; 23 [(5) REPEALED 24 (6) REPEALED 25 (7) REPEALED] 26 (4) [(8)] Alaska Code Revision Commission (AS 24.20.075) - June 30, 27 1994 [1993]; 28 [(9) REPEALED] 29 (5) [(10)] Older Alaskans Commission (AS 44.21.200) - June 30, 1999 30 [1993]; 31 (6) [(11)] Council on Domestic Violence and Sexual Assault
01 (AS 18.66.010) - June 30, 1997 [1993]; 02 (7) [(12)] Alaska Women's Commission - June 30, 1997 [1993; 03 (13) ALASKA STATE FIRE COMMISSION - JUNE 30, 1990]; 04 (8) [(14)] Special Education Service Agency (AS 14.30.600) - June 30, 05 1999 [1995]; 06 (9) [(15)] Alaska Tourism Marketing Council (AS 44.33.700) - June 30, 07 1993; 08 (10) [(16)] Tourism Coordinating Committee (AS 44.33.122) - June 30, 09 1993; 10 (11) [(17)] citizens' review panel for permanency planning under 11 AS 47.10.400 - June 30, 1994; 12 (12) [(18)] Board of Storage Tank Assistance (AS 46.03.360) - June 30, 13 1994 [1996]; 14 (13) [(19)] Hazardous Substance Spill Technology Review Council 15 (AS 46.13.110) - June 30, 1995 [1994]. 16 * Sec. 5. AS 44.66.010(c) is amended to read: 17 (c) A commission scheduled for termination under this chapter may be 18 continued or reestablished by the legislature for a period not to exceed 10 [FOUR] 19 years. 20 * Sec. 6. AS 44.66.050 is amended to read: 21 Sec. 44.66.050. LEGISLATIVE OVERSIGHT. (a) Before the termination, 22 dissolution, continuation, or reestablishment of a board or commission under 23 AS 08.03.010 or AS 44.66.010, [OR OF AN AGENCY PROGRAM UNDER 24 AS 44.66.020 AND 44.66.030,] a committee of reference of each house, which shall 25 be the standing committee of legislative jurisdiction as provided in the Uniform Rules 26 of the Legislature, shall hold one or more hearings to receive testimony from the 27 public, the commissioner of the department having administrative responsibility for 28 each named board or [,] commission, [OR AGENCY PROGRAM,] and the members 29 of the board or commission involved. The hearings may be joint hearings. The 30 committee shall also consider the proposed budget of the board or [,] commission [, 31 OR AGENCY PROGRAM], prepared in accordance with AS 37.07.050(f), and the
01 performance audit of the activities of the board or [,] commission [, OR AGENCY 02 PROGRAM], prepared by the legislative audit division as prescribed in 03 AS 24.20.271(1). The committee may consider any other report of the activities of the 04 board or [,] commission [OR PROGRAM], including [BUT NOT LIMITED TO] 05 annual reports, summaries prepared by the Legislative Affairs Agency, and any 06 evaluation or general report of the manner of conduct of activities of the board or [,] 07 commission [, OR AGENCY PROGRAM] prepared by the office of the ombudsman. 08 (b) During a public hearing, the board or [,] commission [OR AGENCY] shall 09 have the burden of demonstrating a public need for its continued existence [OR THE 10 CONTINUATION OF THE PROGRAM,] and the extent to which any change in the 11 manner of exercise of its functions or activities may increase efficiency of 12 administration or operation consistent with the public interest. 13 (c) A determination as to whether a board or commission [OR AGENCY 14 PROGRAM] has demonstrated a public need for its continued existence must take into 15 consideration the following factors: 16 (1) the extent to which the board or [,] commission [OR PROGRAM] 17 has operated in the public interest; 18 (2) the extent to which the operation of the board or [,] commission 19 [, OR AGENCY PROGRAM] has been impeded or enhanced by existing statutes, 20 procedures, and practices that it has adopted, and any other matter, including 21 budgetary, resource, and personnel matters; 22 (3) the extent to which the board or [,] commission [OR AGENCY] 23 has recommended statutory changes that are generally of benefit to the public interest; 24 (4) the extent to which the board or [,] commission [OR AGENCY] 25 has encouraged interested persons to report to it concerning the effect of its regulations 26 and decisions on the effectiveness of service, economy of service, and availability of 27 service that it has provided; 28 (5) the extent to which the board or [,] commission [OR AGENCY] 29 has encouraged public participation in the making of its regulations and decisions; 30 (6) the efficiency with which public inquiries or complaints regarding 31 the activities of the board or [,] commission [OR AGENCY] filed with it, with the
01 department to which a board or commission is administratively assigned, or with the 02 office of the ombudsman have been processed and resolved; 03 (7) the extent to which a board or commission that [WHICH] regulates 04 entry into an occupation or profession has presented qualified applicants to serve the 05 public; 06 (8) the extent to which state personnel practices, including affirmative 07 action requirements, have been complied with by the board or [,] commission [OR 08 AGENCY TO ITS OWN ACTIVITIES AND THE AREA OF ACTIVITY OR 09 INTEREST]; and 10 (9) the extent to which statutory, regulatory, budgeting, or other 11 changes are necessary to enable the [AGENCY,] board or commission to better serve 12 the interests of the public and to comply with the factors enumerated in this 13 subsection. 14 (d) As to each board or [,] commission [, OR AGENCY PROGRAM] assigned 15 to it for purposes of review, the committee of reference shall, not later than the 60th 16 day of the legislative session, submit a report to the presiding officer of the house. 17 The report shall contain a summary of the findings of the committee as to the 18 compliance of the board or [,] commission [OR PROGRAM] with the factors 19 enumerated in (c) of this section, together with a summary or recommendations of the 20 committee as to each of the following: 21 (1) an identification of the problems or the needs that the programs and 22 activities of the board or [,] commission [OR AGENCY] are intended to address; 23 (2) a statement, to the extent practicable, of the objectives of the 24 program of the board or [,] commission, [OR AGENCY PROGRAM,] and its 25 anticipated accomplishments; 26 (3) an identification of any other programs having similar, conflicting, 27 or duplicate objectives; 28 (4) an assessment of alternative methods of achieving the purposes of 29 the program; 30 (5) an assessment of the consequences of eliminating the board or [,] 31 commission [OR PROGRAM] and consolidating its activities with another program,
01 or of funding it at a lower level; 02 (6) a justification for the recommended continuation or extension of the 03 board or [,] commission [OR PROGRAM,] and an explanation of the manner in which 04 it avoids duplication of or conflict with other efforts; and 05 (7) any other information that, in the opinion of the committee, would 06 improve the performance of the board or [,] commission [OR AGENCY] with respect 07 to its representation of and responsiveness to the public interest. 08 (e) The committee of reference may introduce a bill providing for the 09 reorganization or continuation of the board or [,] commission [OR AGENCY 10 PROGRAM]. No more than one board or [,] commission [, OR AGENCY 11 PROGRAM] may be continued or reestablished in any legislative bill, and the board 12 or [,] commission [, OR AGENCY PROGRAM] must be mentioned in the title of the 13 bill. 14 * Sec. 7. Section 4, ch. 162, SLA 1988, as amended by sec. 4, ch. 25, SLA 1991, is 15 amended to read: 16 Sec. 4. AS 44.88.500 - 44.88.599 are repealed July 1, 1994 [1993]. 17 * Sec. 8. AS 08.01.010(12); AS 08.18.026(a), 08.18.026(c); AS 08.40.005, 08.40.011, 18 08.40.045, 08.40.050, 08.40.060, 08.40.070, 08.40.090, 08.40.110, 08.40.120, 08.40.130, 19 08.40.135, 08.40.140, 08.40.150, 08.40.170, 08.40.178, 08.40.180, 08.40.190, 08.40.195, 20 08.40.200; AS 39.25.120(c)(20); AS 44.41.100, 44.41.110, 44.41.120, 44.41.130; 21 AS 44.66.020, and 44.66.030 are repealed. 22 * Sec. 9. EXEMPTION FROM AS 44.66.050(e). This Act is exempt from the 23 requirements of AS 44.66.050(e) that no more than one board or commission may be 24 continued or reestablished in any legislative bill and that the board or commission must be 25 mentioned in the title of the bill. 26 * Sec. 10. This Act takes effect June 30, 1993.