HB 530: "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date."
00HOUSE BILL NO. 530 01 "An Act relating to certain study, publication, and reporting requirements by and 02 to state agencies; relating to certain fees for reports; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 05.05.030(a) is amended to read: 06 (a) The commission shall study the semi-professional and professional athletic 07 programs of the state and report biennially in even-numbered years [ANNUALLY] 08 to the governor. The report shall include the recommendations of the commission for 09 the advancement and improvement of athletic programs and activities in the state. 10 * Sec. 2. AS 10.06.955(a) is amended to read: 11 (a) This chapter applies to a domestic corporation organized under former 12 AS 10.05 (the Alaska Business Corporation Act), and to the extent provided in 13 AS 10.06.010, 10.06.020, [10.06.160,] 10.06.233, 10.06.433(g), 10.06.435, 14 10.06.450(d), and 10.06.705 - 10.06.870 to a foreign corporation authorized to do or
01 doing business in this state. 02 * Sec. 3. AS 14.36.010(b) is amended to read: 03 (b) It is the intent of the legislature that 04 (1) a program of community school grants be established to provide 05 assistance to local communities in the initial development, implementation, and 06 operation of community school programs; 07 (2) technical assistance, monitoring, training, and coordination of 08 statewide efforts to develop and operate community school programs be provided by 09 the department; 10 (3) the community school program will become fully operational once 11 a plan of operation has been approved by the commissioner; and 12 (4) evaluation of the approved plan of operation for a community 13 school program shall be conducted by the department in cooperation with the school 14 district at least once every four years; a report of the community school programs 15 evaluated in the preceding two-year period [YEAR] shall be presented by the 16 commissioner to the legislature before the 15th day of each first regular session of the 17 legislature. 18 * Sec. 4. AS 14.40.190 is amended to read: 19 Sec. 14.40.190. REPORT TO LEGISLATURE. The Board of Regents shall 20 make a written report to the legislature at the beginning of each first [ITS] regular 21 session [SESSIONS] of the condition of the university property, of all receipts and 22 expenditures, including [BUT NOT LIMITED TO] the administration and disposition 23 of appropriated and restricted funds, and of the educational and other work performed 24 during the preceding two fiscal years. 25 * Sec. 5. AS 15.13.040(f) is amended to read: 26 (f) During each year in which an election occurs, all businesses, persons, or 27 groups that [WHICH] furnish any of the following services, facilities, or supplies to 28 a candidate or group shall maintain a record of each transaction: newspapers, radio, 29 television, advertising, advertising agency services, accounting, billboards, printing, 30 secretarial, public opinion polls, or research and professional campaign consultation 31 or management, media production or preparation, or computer services. The records
01 shall be maintained on the forms provided and in the manner required by the 02 commission. Within 30 days after each election, the [THE] supplier shall file with 03 the commission a report of the complete record of each transaction with all candidates 04 or groups to whom the supplier provides services, facilities or supplies in excess of 05 $250 in the aggregate [IN ACCORDANCE WITH AS 15.13.110]. All records shall 06 be available for public inspection. 07 * Sec. 6. AS 15.13.125 is amended to read: 08 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED 09 REPORTS. A person who fails to file a properly completed and certified report within 10 the time required by AS 15.13.040(f) or 15.13.110(a)(1), (3), or (4) 11 [AS 15.13.110(a)(1), (3), (4) OR 15.13.110(d)] is subject to a civil penalty of not more 12 than $10 a day for each day the delinquency continues as determined by the 13 commission subject to right of appeal to the superior court. A person who fails to file 14 a properly completed and certified report within the time required by 15 AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $50 16 a day for each day the delinquency continues as determined by the commission subject 17 to right of appeal to the superior court. An affidavit stating facts in mitigation may 18 be submitted to the commission by a person against whom a civil penalty is assessed. 19 However, the imposition of the penalties prescribed in this section or in AS 15.13.120 20 does not excuse that person from filing reports required by this chapter. 21 * Sec. 7. AS 16.05.130(b) is amended to read: 22 (b) Money accruing to the state from waterfowl conservation tag fees from 23 hunters may not be diverted to a purpose other than (1) the conservation and 24 enhancement of waterfowl; (2) the acquisition, by lease or otherwise of wetlands that 25 are important for waterfowl and public use of waterfowl in the state; (3) waterfowl 26 related projects approved by the commissioner; (4) the administration of the waterfowl 27 conservation program; and (5) emergencies in the state as determined by the governor. 28 The department shall maintain a state waterfowl tag fee account within the fish and 29 game fund to permit separate accounting records for the receipt and expenditure of 30 money derived from the sale of waterfowl tags. The department shall report before 31 [PRIOR TO] April 15 of each even-numbered year [ANNUALLY] to the public and
01 the legislature on the use of money derived from waterfowl conservation tags and 02 limited edition prints. 03 * Sec. 8. AS 16.05.825(c) is amended to read: 04 (c) The department shall employ a method of tagging game birds released 05 under this section and [,] compile harvest statistics [, AND REPORT ITS RESULTS 06 AND FINDINGS TO THE LEGISLATURE ANNUALLY]. 07 * Sec. 9. AS 18.65.260(a) is amended to read: 08 (a) The council may accept donations of property, both real and personal, and 09 grants of money from a governmental unit or public agency, or from an institution or 10 person. [AN ARRANGEMENT MADE UNDER THIS SECTION SHALL BE 11 DETAILED IN THE ANNUAL REPORT OF THE COUNCIL. THE REPORT MUST 12 INCLUDE THE IDENTITY OF THE DONOR, THE NATURE OF THE 13 TRANSACTION, AND THE CONDITIONS OF THE GRANT, IF ANY.] All money 14 received by the council under this section shall be deposited in the state treasury to the 15 account of the council. 16 * Sec. 10. AS 18.67.170 is amended to read: 17 Sec. 18.67.170. REPORTS. The board shall prepare and transmit to the 18 governor and legislature, in each odd-numbered year, a biennial [ANNUALLY A] 19 report of its activities under this chapter including a brief description of the facts in 20 each case and the amount of compensation awarded during the preceding two-year 21 period. 22 * Sec. 11. AS 24.45.031(a) is amended to read: 23 (a) In addition to its other duties under this chapter, the commission shall 24 (1) prescribe the forms for registration, reports, statements, notices, and 25 other documents required by this chapter; 26 (2) prepare and publish instructions setting out the methods of 27 accounting, bookkeeping, and preservation of records required to facilitate compliance 28 with and enforcement of this chapter and explaining the duties of persons subject to 29 the provisions of this chapter; the instructions shall be updated periodically; 30 (3) provide assistance to persons in complying with the provisions of 31 this chapter;
01 (4) prepare and publish a biennial [AN ANNUAL] report of its 02 activities, findings, and recommendations under this chapter, which shall be made 03 available to the governor, legislature, and to the public by February 1 of each odd-numbered calendar year; 04 (5) report suspected violations of this chapter to the attorney general. 05 * Sec. 12. AS 26.10.010 is amended to read: 06 Sec. 26.10.010. REGULATIONS [AND REPORTS]. The Department of 07 Military and Veterans' Affairs shall adopt regulations necessary to carry out the 08 purposes of this chapter. [THE DEPARTMENT SHALL SUBMIT A REPORT OF 09 ITS ACTIVITIES RELATING TO VETERANS SERVICES FOR THE PRECEDING 10 YEAR TO THE GOVERNOR BEFORE JANUARY 15 OF EACH YEAR.] 11 * Sec. 13. AS 37.05.210 is amended to read: 12 Sec. 37.05.210. FISCAL REPORTING AND STATISTICS. The Department 13 of Administration shall 14 (1) Repealed 15 (2) file with the governor and with the legislative auditor before 16 December [OCTOBER] 16 a report of the financial transactions of the preceding fiscal 17 year and of the financial condition of the state as of the end of that year, with 18 comments and supplementary data that it considers necessary; this report shall be 19 printed for the information of the legislature and the public; 20 (3) compile statistics necessary for the budget and other statistics 21 required by the governor. 22 * Sec. 14. AS 39.25.195(h) is amended to read: 23 (h) [THE DIRECTOR SHALL PRESENT A REPORT ON 24 NONPERMANENT AND EMERGENCY HIRE PRACTICES IN STATE 25 GOVERNMENT TO THE LEGISLATURE WITHIN THE FIRST 10 DAYS OF 26 EACH REGULAR LEGISLATIVE SESSION.] A hiring department or agency shall 27 certify to the director within 15 working days following the appointment its reasons 28 for appointing an emergency employee. [THE REPORT SHALL INCLUDE 29 INFORMATION ON THE NUMBER OF NONPERMANENT EMPLOYEES 30 AUTHORIZED UNDER THIS SECTION AND THE NUMBER OF EMERGENCY 31 EMPLOYEES HIRED IN EACH DEPARTMENT, A DESCRIPTION OF THE
01 PROCEDURES USED IN AUTHORIZING THE HIRING OF NONPERMANENT 02 EMPLOYEES, AND ANY RECOMMENDATIONS FOR LEGISLATION REQUIRED 03 TO IMPLEMENT THE INTENT OF THIS SECTION.] 04 * Sec. 15. AS 41.15.240 is amended to read: 05 Sec. 41.15.240. RECORDS OF FIRE SUPPRESSION FUND. The department 06 shall maintain accounting records showing the income and expenses of the fire 07 suppression fund. [THE DEPARTMENT SHALL SUBMIT A REPORT ON THE 08 OPERATION OF THE FUND TO THE GOVERNOR AND THE LEGISLATURE NO 09 LATER THAN THE 10TH DAY OF EACH REGULAR SESSION OF THE 10 LEGISLATURE.] 11 * Sec. 16. AS 43.20.014(c) is amended to read: 12 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 13 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 14 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 15 shall include in its annual operating budget request contributions received and how the 16 contributions were used. 17 * Sec. 17. AS 43.55.019(c) is amended to read: 18 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT OF 19 REVENUE SHALL REPORT TO THE LEGISLATIVE BUDGET AND AUDIT 20 COMMITTEE ON THE CREDITS TAKEN UNDER THIS SECTION.] Each public 21 college and university shall include in its annual operating budget request contributions 22 received and how the contributions were used. 23 * Sec. 18. AS 43.65.018(c) is amended to read: 24 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 25 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 26 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 27 shall include in its annual operating budget request contributions received and how the 28 contributions were used. 29 * Sec. 19. AS 43.75.018(c) is amended to read: 30 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 31 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE
01 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 02 shall include in its annual operating budget request contributions received and how the 03 contributions were used. 04 * Sec. 20. AS 44.19.035 is amended to read: 05 Sec. 44.19.035. JONES ACT REPEAL. The governor shall use best efforts 06 and all appropriate means to persuade the United States Congress to repeal 46 U.S.C. 07 861, et seq., known as the Jones Act. [UNTIL THAT ACT IS REPEALED, THE 08 GOVERNOR SHALL PUBLISH AN ANNUAL REPORT DOCUMENTING THE 09 HARMFUL EFFECTS OF THE ACT ON ALASKA COMMERCE, AND PROGRESS 10 MADE TOWARDS ITS REPEAL. THE REPORT SHALL BE SUBMITTED TO 11 THE LEGISLATURE NO LATER THAN ITS CONVENING EACH YEAR.] 12 * Sec. 21. AS 44.19.161 is amended to read: 13 Sec. 44.19.161. DUTIES OF THE COUNCIL. In conformity with 16 U.S.C. 14 1451-1464 (Coastal Zone Management Act of 1972), as amended, the council shall 15 (1) through the public hearing process and the recording of the minutes 16 of the hearings, develop guidelines and standards for the preparation of, and approve, 17 in accordance with AS 46.40, the Alaska coastal management program; 18 (2) establish continuing coordination among state agencies to facilitate 19 the development and implementation of the Alaska coastal management program; in 20 carrying out its duties under this paragraph, the council shall initiate an interagency 21 program of comprehensive coastal resource planning for each geographic region 22 described in AS 44.19.155(a)(1); 23 (3) assure continued provision of data and information to coastal 24 resource districts to carry out their planning and management functions under the 25 program; 26 (4) submit biennially [ANNUALLY] to the legislature, no later than 27 the 10th day of each first regular session of the legislature, the portion of the coastal 28 management program approved or amended by the council during the preceding two-year period [YEAR]. 29 * Sec. 22. AS 44.19.185 is amended to read: 30 Sec. 44.19.185. ADMINISTRATION. The chairman shall call meetings of the 31 commission and formulate rules of procedure for the meetings. The chairman may
01 request the governor to delegate to administrative departments of the state the duties 02 and functions necessary or desirable in the gathering and compilation of information 03 for the commission, for the implementation of resolutions adopted by the commission, 04 and for the other purposes consistent with the intent of AS 44.19.181 - 44.19.187 05 [AS 44.19.181 - 44.19.188]. 06 * Sec. 23. AS 44.19.187 is amended to read: 07 Sec. 44.19.187. EXPENDITURES. The commission may expend appropriated 08 funds for any purpose not inconsistent with the intent of AS 44.19.181 - 44.19.187 09 [AS 44.19.181 - 44.19.188], including[, BUT NOT LIMITED TO,] expenditures for 10 feasibility studies by private firms. 11 * Sec. 24. AS 44.21.315(c) is amended to read: 12 (c) The department shall study, plan, and develop integrated instructional 13 telecommunications services for all residents of the state [, AND SHALL ANNUALLY 14 REPORT ON INSTRUCTIONAL TELECOMMUNICATIONS ACTIVITIES FOR 15 THE CURRENT AND PREVIOUS FISCAL YEAR] and, after public hearings, submit 16 to the governor and the legislature an annually updated long-term development plan 17 prepared in consultation with the Department of Education, the University of Alaska, 18 local school districts, and other local and regional education areas. 19 * Sec. 25. AS 44.21.320(e) is amended to read: 20 (e) Nothing in AS 44.21.305 - 44.21.330 prohibits a state agency from 21 developing telecommunications systems within its own agency if the agency is in 22 compliance with the state information systems plan adopted by the 23 Telecommunications Information Council and with the agency's own information 24 systems plan and if the commissioner gives written authorization for the agency to 25 engage in its own design, development, management, or operation. The commissioner 26 may authorize independent development only upon a showing of necessity. [A 27 DESCRIPTION OF ALL AUTHORIZATION UNDER THIS SUBSECTION MUST 28 BE INCLUDED IN THE BIENNIAL REPORT REQUIRED UNDER 29 AS 44.21.310(a)(2).] 30 * Sec. 26. AS 44.42.065(a) is amended to read: 31 (a) The department shall, as soon as practicable after July 1, 1980, and at least
01 once every seven years thereafter, perform an energy audit of each public building. 02 [A REPORT OF THE RESULTS OF THE ENERGY AUDITS PERFORMED 03 DURING THE PRECEDING YEAR SHALL BE SUBMITTED TO THE 04 LEGISLATURE NOT LATER THAN FEBRUARY 1 OF EACH YEAR.] 05 * Sec. 27. AS 44.42.065(b) is amended to read: 06 (b) The department shall include in each energy audit [THE REPORT] 07 required by [IN] (a) of this section recommendations for corrective measures to 08 improve the energy efficiency and to minimize the life-cycle cost of the public 09 building [BUILDINGS] surveyed. These measures may include (1) energy 10 conservation measures, (2) measures involving solar technology and other alternative 11 energy systems, (3) energy management, and (4) maintenance and operating procedures 12 and energy-related modifications. In recommending the corrective measures, the 13 department shall give priority to changes in maintenance and operating procedures over 14 measures requiring substantial structural modification or installation of equipment. 15 * Sec. 28. AS 44.68.240 is amended to read: 16 Sec. 44.68.240. RECORDS OF FUND. The Department of Transportation and 17 Public Facilities shall maintain cost accounting records showing the income and 18 expenses of the highways equipment working capital fund. [THE DEPARTMENT 19 SHALL SUBMIT A REPORT ON THE OPERATION OF THE FUND TO THE 20 GOVERNOR AND THE LEGISLATURE AT THE TIME OF SUBMISSION OF THE 21 DEPARTMENTAL BUDGET.] 22 * Sec. 29. AS 46.03.020(11) is amended to read: 23 (11) after consultation with other state agencies and local government 24 officials, identify and propose for addition or deletion, by regulation, other licenses, 25 permits, or authorizations for which the provisions of AS 46.35 are applicable [, AND 26 REPORT ANNUALLY TO THE LEGISLATURE THE PERMITS THAT HAVE 27 BEEN INCLUDED OR DELETED]; 28 * Sec. 30. AS 46.03.032(k) is amended to read: 29 (k) The department shall prepare reports required by the federal government 30 in conjunction with federal capitalization grant award conditions. The department shall 31 also provide the Alaska legislature with a biennial [AN ANNUAL] report on the
01 Alaska clean water fund on or before the first day of each first regular 02 [LEGISLATIVE] session of the legislature. 03 * Sec. 31. AS 47.07.040 is amended to read: 04 Sec. 47.07.040. STATE PLAN FOR PROVISION OF MEDICAL 05 ASSISTANCE. The department shall prepare a state plan in accordance with the 06 provisions of 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act, Medical 07 Assistance) and submit it for approval to the United States Department of Health and 08 Human Services. The plan shall designate that the Department of Health and Social 09 Services is the single state agency to administer this plan. The department shall act 10 for the state in any negotiations relative to the submission and approval of the plan. 11 The department may make those arrangements or regulatory changes, not inconsistent 12 with law, as may be required under federal law to obtain and retain approval of the 13 United States Department of Health and Human Services to secure for the state the 14 optimum federal payment under the provisions of 42 U.S.C. 1396 - 1396p (Title XIX, 15 Social Security Act, Medical Assistance). [IN ADDITION, THE DEPARTMENT 16 SHALL PROVIDE A REPORT TO THE LEGISLATURE NO LATER THAN 17 MARCH 15 OF EACH YEAR CONCERNING THE STATUS OF THIS PROGRAM 18 AND RECOMMENDATIONS, WITH SUPPORTING FISCAL DATA, AS TO ANY 19 CHANGES IN THE COVERAGE OF ELIGIBLE PERSONS OR SERVICES TO BE 20 PROVIDED.] 21 * Sec. 32. AS 47.37.130(d) is amended to read: 22 (d) The division shall maintain, supervise, and control all facilities operated 23 by it subject to the regulations of the department. [THE ADMINISTRATOR OF 24 EACH FACILITY SHALL MAKE AN ANNUAL REPORT OF ITS ACTIVITIES TO 25 THE DIRECTOR IN THE FORM AND MANNER THE DIRECTOR SPECIFIES.] 26 * Sec. 33. AS 47.55.010(c) is amended to read: 27 (c) The Department of Administration shall 28 (1) cooperate with the federal government in matters pertaining to the 29 welfare of Alaskan pioneers, make the reports in the form and containing the 30 information the federal government from time to time desires, and accept funds allotted 31 by the federal government, its agencies or instrumentalities, in establishing, extending
01 and strengthening services for pioneers of Alaska; 02 (2) adopt regulations necessary for the conduct of the business of the 03 Pioneers' Home and for carrying out the provisions of this chapter, require bonds and 04 undertakings from persons employed by it as in its judgment are necessary, and pay 05 the premiums on them, and establish regional and local offices and the advisory groups 06 that are necessary or considered expedient to carry out or assist in carrying out a duty 07 or authority assigned to it; 08 (3) perform all executive or administrative duties necessary and 09 advisable to carry out the purpose of this chapter, including the power to make 10 contracts and to make disbursements on vouchers against funds for the purpose of this 11 chapter, within the limit of funds available; 12 (4) study the needs of Alaska's pioneers and submit recommendations 13 for new regulations and proposed legislation; and 14 (5) prepare a biennial [AN ANNUAL] report to be delivered in even-numbered years to the legislature. 15 * Sec. 34. AS 10.06.160; AS 12.62.017; AS 14.42.030(a)(5); AS 15.13.110(d); 16 AS 18.20.100; AS 19.30.233; AS 24.20.206(5); AS 26.05.190(b); AS 29.60.420(a); 17 AS 37.07.020(d); AS 37.10.050(c); AS 38.05.300(b); AS 39.30.070; AS 39.50.050(d); 18 AS 41.35.360; AS 43.05.010(5); AS 43.40.010(i); AS 43.50.360; AS 44.09.017(c); 19 AS 44.19.144(a)(3), 44.19.145(d)(2), 44.19.188, 44.19.504(a)(4); AS 44.21.310(a)(2); 20 AS 44.41.030; AS 44.82.190; AS 47.07.072; AS 47.10.300(4); AS 47.25.540; AS 47.37.130(f); 21 and AS 47.45.100(4) are repealed. 22 * Sec. 35. TRANSITION. Notwithstanding the changes made by this Act, in the first 23 biennial report that a state agency is required to prepare, provide, or publish under a statute 24 amended by this Act, the agency may include only that data or information for years or parts 25 of years that has not previously been included in a report required under that statute. For 26 subsequent such biennial reports, the state agency shall comply with applicable statutory 27 requirements regarding information that must be included. 28 * Sec. 36. This Act takes effect July 1, 1994.