HCS CSSB 357(STA): "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 CS FOR CS FOR SENATE BILL NO. 357(STA) 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 10.06.955(a) is amended to read: 06 (a) This chapter applies to a domestic corporation organized under former 07 AS 10.05 (the Alaska Business Corporation Act), and to the extent provided in 08 AS 10.06.010, 10.06.020, [10.06.160,] 10.06.233, 10.06.433(g), 10.06.435, 09 10.06.450(d), and 10.06.705 - 10.06.870 to a foreign corporation authorized to do or 10 doing business in this state. 11 * Sec. 2. AS 14.36.010(b) is amended to read: 12 (b) It is the intent of the legislature that 13 (1) a program of community school grants be established to provide 14 assistance to local communities in the initial development, implementation, and
01 operation of community school programs; 02 (2) technical assistance, monitoring, training, and coordination of 03 statewide efforts to develop and operate community school programs be provided by 04 the department; 05 (3) the community school program will become fully operational once 06 a plan of operation has been approved by the commissioner; and 07 (4) evaluation of the approved plan of operation for a community 08 school program shall be conducted by the department in cooperation with the school 09 district at least once every four years [; A REPORT OF THE COMMUNITY 10 SCHOOL PROGRAMS EVALUATED IN THE PRECEDING YEAR SHALL BE 11 PRESENTED BY THE COMMISSIONER TO THE LEGISLATURE BEFORE THE 12 15TH DAY OF EACH REGULAR SESSION OF THE LEGISLATURE]. 13 * Sec. 3. AS 14.40.190 is amended to read: 14 Sec. 14.40.190. REPORT TO LEGISLATURE. The Board of Regents shall 15 make a written report to the legislature at the beginning of each first [ITS] regular 16 session [SESSIONS] of the condition of the university property, of all receipts and 17 expenditures, including [BUT NOT LIMITED TO] the administration and disposition 18 of appropriated and restricted funds, and of the educational and other work performed 19 during the preceding two fiscal years. 20 * Sec. 4. AS 15.13.040(f) is amended to read: 21 (f) During each year in which an election occurs, all businesses, persons, or 22 groups that [WHICH] furnish any of the following services, facilities, or supplies to 23 a candidate or group shall maintain a record of each transaction: newspapers, radio, 24 television, advertising, advertising agency services, accounting, billboards, printing, 25 secretarial, public opinion polls, or research and professional campaign consultation 26 or management, media production or preparation, or computer services. The records 27 shall be maintained on the forms provided and in the manner required by the 28 commission. Within 30 days after each election, the [THE] supplier shall file with 29 the commission a report of the complete record of each transaction with all candidates 30 or groups to whom the supplier provides services, facilities or supplies in excess of 31 $250 in the aggregate [IN ACCORDANCE WITH AS 15.13.110]. All records shall
01 be available for public inspection. 02 * Sec. 5. AS 15.13.125 is amended to read: 03 Sec. 15.13.125. CIVIL PENALTY: LATE FILING OF REQUIRED 04 REPORTS. A person who fails to file a properly completed and certified report within 05 the time required by AS 15.13.040(f) or 15.13.110(a)(1), (3), or (4) 06 [AS 15.13.110(a)(1), (3), (4) OR 15.13.110(d)] is subject to a civil penalty of not more 07 than $10 a day for each day the delinquency continues as determined by the 08 commission subject to right of appeal to the superior court. A person who fails to file 09 a properly completed and certified report within the time required by 10 AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $50 11 a day for each day the delinquency continues as determined by the commission subject 12 to right of appeal to the superior court. An affidavit stating facts in mitigation may 13 be submitted to the commission by a person against whom a civil penalty is assessed. 14 However, the imposition of the penalties prescribed in this section or in AS 15.13.120 15 does not excuse that person from filing reports required by this chapter. 16 * Sec. 6. AS 16.05.130(b) is amended to read: 17 (b) Money accruing to the state from waterfowl conservation tag fees from 18 hunters may not be diverted to a purpose other than (1) the conservation and 19 enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that 20 are important for waterfowl and public use of waterfowl in the state; (3) waterfowl 21 related projects approved by the commissioner; (4) the administration of the waterfowl 22 conservation program; and (5) emergencies in the state as determined by the governor. 23 The department shall maintain a state waterfowl tag fee account within the fish and 24 game fund to permit separate accounting records for the receipt and expenditure of 25 money derived from the sale of waterfowl tags. The department shall report before 26 [PRIOR TO] April 15 of each even-numbered year [ANNUALLY] to the public and 27 the legislature on the use of money derived from waterfowl conservation tags and 28 limited edition prints. 29 * Sec. 7. AS 16.05.825(c) is amended to read: 30 (c) The department shall employ a method of tagging game birds released 31 under this section and [,] compile harvest statistics [, AND REPORT ITS RESULTS
01 AND FINDINGS TO THE LEGISLATURE ANNUALLY]. 02 * Sec. 8. AS 18.65.260(a) is amended to read: 03 (a) The council may accept donations of property, both real and personal, and 04 grants of money from a governmental unit or public agency, or from an institution or 05 person. [AN ARRANGEMENT MADE UNDER THIS SECTION SHALL BE 06 DETAILED IN THE ANNUAL REPORT OF THE COUNCIL. THE REPORT MUST 07 INCLUDE THE IDENTITY OF THE DONOR, THE NATURE OF THE 08 TRANSACTION, AND THE CONDITIONS OF THE GRANT, IF ANY.] All money 09 received by the council under this section shall be deposited in the state treasury to the 10 account of the council. 11 * Sec. 9. AS 18.67.170 is amended to read: 12 Sec. 18.67.170. REPORTS. The board shall prepare and transmit to the 13 governor and legislature, in each odd-numbered year, a biennial [ANNUALLY A] 14 report of its activities under this chapter including a brief description of the facts in 15 each case and the amount of compensation awarded during the preceding two-year 16 period. 17 * Sec. 10. AS 21.89.070(b) is amended to read: 18 (b) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT OF 19 COMMERCE AND ECONOMIC DEVELOPMENT SHALL REPORT TO THE 20 LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE CREDITS TAKEN 21 DURING THE PRECEDING STATE FISCAL YEAR UNDER THIS SECTION.] 22 Each public college and university shall include in its annual operating budget request 23 contributions received and how the contributions were used. 24 * Sec. 11. AS 24.45.031(a) is amended to read: 25 (a) In addition to its other duties under this chapter, the commission shall 26 (1) prescribe the forms for registration, reports, statements, notices, and 27 other documents required by this chapter; 28 (2) prepare and publish instructions setting out the methods of 29 accounting, bookkeeping, and preservation of records required to facilitate compliance 30 with and enforcement of this chapter and explaining the duties of persons subject to 31 the provisions of this chapter; the instructions shall be updated periodically;
01 (3) provide assistance to persons in complying with the provisions of 02 this chapter; 03 (4) prepare and publish a biennial [AN ANNUAL] report of its 04 activities, findings, and recommendations under this chapter, which shall be made 05 available to the governor, legislature, and to the public by February 1 of each odd-numbered calendar year; 06 (5) report suspected violations of this chapter to the attorney general. 07 * Sec. 12. AS 26.10.010 is amended to read: 08 Sec. 26.10.010. REGULATIONS [AND REPORTS]. The Department of 09 Military and Veterans' Affairs shall adopt regulations necessary to carry out the 10 purposes of this chapter. [THE DEPARTMENT SHALL SUBMIT A REPORT OF 11 ITS ACTIVITIES RELATING TO VETERANS SERVICES FOR THE PRECEDING 12 YEAR TO THE GOVERNOR BEFORE JANUARY 15 OF EACH YEAR.] 13 * Sec. 13. AS 37.05.210 is amended to read: 14 Sec. 37.05.210. FISCAL REPORTING AND STATISTICS. The Department 15 of Administration shall 16 (1) [REPEALED 17 (2)] file with the governor and with the legislative auditor before 18 December [OCTOBER] 16 a report of the financial transactions of the preceding fiscal 19 year and of the financial condition of the state as of the end of that year, prepared in 20 accordance with generally accepted accounting principles and audited by the 21 legislative auditor in accordance with generally accepted audit standards, with 22 comments and supplementary data that the Department of Administration [IT] 23 considers necessary; this report shall be printed for the information of the legislature 24 and the public; 25 (2) [(3)] compile statistics necessary for the budget and other statistics 26 required by the governor. 27 * Sec. 14. AS 37.17.090(j) is amended to read: 28 (j) The board of directors shall provide a written report of its activities and 29 finances for the previous state fiscal year to the governor and the legislature no later 30 than December 16 [JANUARY 30] each year. 31 * Sec. 15. AS 41.15.240 is amended to read:
01 Sec. 41.15.240. RECORDS OF FIRE SUPPRESSION FUND. The department 02 shall maintain accounting records showing the income and expenses of the fire 03 suppression fund. [THE DEPARTMENT SHALL SUBMIT A REPORT ON THE 04 OPERATION OF THE FUND TO THE GOVERNOR AND THE LEGISLATURE NO 05 LATER THAN THE 10TH DAY OF EACH REGULAR SESSION OF THE 06 LEGISLATURE.] 07 * Sec. 16. AS 43.20.014(c) is amended to read: 08 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 09 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 10 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 11 shall include in its annual operating budget request contributions received and how the 12 contributions were used. 13 * Sec. 17. AS 43.55.019(c) is amended to read: 14 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT OF 15 REVENUE SHALL REPORT TO THE LEGISLATIVE BUDGET AND AUDIT 16 COMMITTEE ON THE CREDITS TAKEN UNDER THIS SECTION.] Each public 17 college and university shall include in its annual operating budget request contributions 18 received and how the contributions were used. 19 * Sec. 18. AS 43.56.018(c) is amended to read: 20 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 21 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 22 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 23 shall include in its annual operating budget request contributions received and how the 24 contributions were used. 25 * Sec. 19. AS 43.65.018(c) is amended to read: 26 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 27 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 28 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 29 shall include in its annual operating budget request contributions received and how the 30 contributions were used. 31 * Sec. 20. AS 43.75.018(c) is amended to read:
01 (c) [BY SEPTEMBER 30 OF EACH YEAR, THE DEPARTMENT SHALL 02 REPORT TO THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE ON THE 03 CREDITS TAKEN UNDER THIS SECTION.] Each public college and university 04 shall include in its annual operating budget request contributions received and how the 05 contributions were used. 06 * Sec. 21. AS 44.19.035 is amended to read: 07 Sec. 44.19.035. JONES ACT REPEAL. The governor shall use best efforts 08 and all appropriate means to persuade the United States Congress to repeal 46 U.S.C. 09 861, et seq., known as the Jones Act. [UNTIL THAT ACT IS REPEALED, THE 10 GOVERNOR SHALL PUBLISH AN ANNUAL REPORT DOCUMENTING THE 11 HARMFUL EFFECTS OF THE ACT ON ALASKA COMMERCE, AND PROGRESS 12 MADE TOWARDS ITS REPEAL. THE REPORT SHALL BE SUBMITTED TO 13 THE LEGISLATURE NO LATER THAN ITS CONVENING EACH YEAR.] 14 * Sec. 22. AS 44.19.185 is amended to read: 15 Sec. 44.19.185. ADMINISTRATION. The chairman shall call meetings of the 16 commission and formulate rules of procedure for the meetings. The chairman may 17 request the governor to delegate to administrative departments of the state the duties 18 and functions necessary or desirable in the gathering and compilation of information 19 for the commission, for the implementation of resolutions adopted by the commission, 20 and for the other purposes consistent with the intent of AS 44.19.181 - 44.19.187 21 [AS 44.19.181 - 44.19.188]. 22 * Sec. 23. AS 44.19.187 is amended to read: 23 Sec. 44.19.187. EXPENDITURES. The commission may expend appropriated 24 funds for any purpose not inconsistent with the intent of AS 44.19.181 - 44.19.187 25 [AS 44.19.181 - 44.19.188], including [, BUT NOT LIMITED TO,] expenditures for 26 feasibility studies by private firms. 27 * Sec. 24. AS 44.21.315(c) is amended to read: 28 (c) The department shall study, plan, and develop integrated instructional 29 telecommunications services for all residents of the state [, AND SHALL ANNUALLY 30 REPORT ON INSTRUCTIONAL TELECOMMUNICATIONS ACTIVITIES FOR 31 THE CURRENT AND PREVIOUS FISCAL YEAR] and, after public hearings, submit
01 to the governor and the legislature an annually updated long-term development plan 02 prepared in consultation with the Department of Education, the University of Alaska, 03 local school districts, and other local and regional education areas. 04 * Sec. 25. AS 44.21.320(e) is amended to read: 05 (e) Nothing in AS 44.21.305 - 44.21.330 prohibits a state agency from 06 developing telecommunications systems within its own agency if the agency is in 07 compliance with the state information systems plan adopted by the 08 Telecommunications Information Council and with the agency's own information 09 systems plan and if the commissioner gives written authorization for the agency to 10 engage in its own design, development, management, or operation. The commissioner 11 may authorize independent development only upon a showing of necessity. [A 12 DESCRIPTION OF ALL AUTHORIZATION UNDER THIS SUBSECTION MUST 13 BE INCLUDED IN THE BIENNIAL REPORT REQUIRED UNDER 14 AS 44.21.310(a)(2).] 15 * Sec. 26. AS 44.42.065(a) is amended to read: 16 (a) The department shall, as soon as practicable after July 1, 1980, and at least 17 once every seven years thereafter, perform an energy audit of each public building. 18 [A REPORT OF THE RESULTS OF THE ENERGY AUDITS PERFORMED 19 DURING THE PRECEDING YEAR SHALL BE SUBMITTED TO THE 20 LEGISLATURE NOT LATER THAN FEBRUARY 1 OF EACH YEAR.] 21 * Sec. 27. AS 44.42.065(b) is amended to read: 22 (b) The department shall include in each energy audit [THE REPORT] 23 required by [IN] (a) of this section recommendations for corrective measures to 24 improve the energy efficiency and to minimize the life-cycle cost of the public 25 building [BUILDINGS] surveyed. These measures may include (1) energy 26 conservation measures, (2) measures involving solar technology and other alternative 27 energy systems, (3) energy management, and (4) maintenance and operating procedures 28 and energy-related modifications. In recommending the corrective measures, the 29 department shall give priority to changes in maintenance and operating procedures over 30 measures requiring substantial structural modification or installation of equipment. 31 * Sec. 28. AS 44.68.240 is amended to read:
01 Sec. 44.68.240. RECORDS OF FUND. The Department of Transportation and 02 Public Facilities shall maintain cost accounting records showing the income and 03 expenses of the highways equipment working capital fund. [THE DEPARTMENT 04 SHALL SUBMIT A REPORT ON THE OPERATION OF THE FUND TO THE 05 GOVERNOR AND THE LEGISLATURE AT THE TIME OF SUBMISSION OF THE 06 DEPARTMENTAL BUDGET.] 07 * Sec. 29. AS 46.03.020(11) is amended to read: 08 (11) after consultation with other state agencies and local government 09 officials, identify and propose for addition or deletion, by regulation, other licenses, 10 permits, or authorizations for which the provisions of AS 46.35 are applicable [, AND 11 REPORT ANNUALLY TO THE LEGISLATURE THE PERMITS THAT HAVE 12 BEEN INCLUDED OR DELETED]; 13 * Sec. 30. AS 46.03.032(k) is amended to read: 14 (k) The department shall prepare reports required by the federal government 15 in conjunction with federal capitalization grant award conditions. The department shall 16 also provide the Alaska legislature with a biennial [AN ANNUAL] report on the 17 Alaska clean water fund on or before the first day of each first regular 18 [LEGISLATIVE] session of the legislature. 19 * Sec. 31. AS 47.07.040 is amended to read: 20 Sec. 47.07.040. STATE PLAN FOR PROVISION OF MEDICAL 21 ASSISTANCE. The department shall prepare a state plan in accordance with the 22 provisions of 42 U.S.C. 1396 - 1396p (Title XIX, Social Security Act, Medical 23 Assistance) and submit it for approval to the United States Department of Health and 24 Human Services. The plan shall designate that the Department of Health and Social 25 Services is the single state agency to administer this plan. The department shall act 26 for the state in any negotiations relative to the submission and approval of the plan. 27 The department may make those arrangements or regulatory changes, not inconsistent 28 with law, as may be required under federal law to obtain and retain approval of the 29 United States Department of Health and Human Services to secure for the state the 30 optimum federal payment under the provisions of 42 U.S.C. 1396 - 1396p (Title XIX, 31 Social Security Act, Medical Assistance). [IN ADDITION, THE DEPARTMENT
01 SHALL PROVIDE A REPORT TO THE LEGISLATURE NO LATER THAN 02 MARCH 15 OF EACH YEAR CONCERNING THE STATUS OF THIS PROGRAM 03 AND RECOMMENDATIONS, WITH SUPPORTING FISCAL DATA, AS TO ANY 04 CHANGES IN THE COVERAGE OF ELIGIBLE PERSONS OR SERVICES TO BE 05 PROVIDED.] 06 * Sec. 32. AS 47.37.130(d) is amended to read: 07 (d) The division shall maintain, supervise, and control all facilities operated 08 by it subject to the regulations of the department. [THE ADMINISTRATOR OF 09 EACH FACILITY SHALL MAKE AN ANNUAL REPORT OF ITS ACTIVITIES TO 10 THE DIRECTOR IN THE FORM AND MANNER THE DIRECTOR SPECIFIES.] 11 * Sec. 33. AS 47.55.010(c) is amended to read: 12 (c) The Department of Administration shall 13 (1) cooperate with the federal government in matters pertaining to the 14 welfare of Alaskan pioneers, make the reports in the form and containing the 15 information the federal government from time to time desires, and accept funds allotted 16 by the federal government, its agencies or instrumentalities, in establishing, extending 17 and strengthening services for pioneers of Alaska; 18 (2) adopt regulations necessary for the conduct of the business of the 19 Pioneers' Home and for carrying out the provisions of this chapter, require bonds and 20 undertakings from persons employed by it as in its judgment are necessary, and pay 21 the premiums on them, and establish regional and local offices and the advisory groups 22 that are necessary or considered expedient to carry out or assist in carrying out a duty 23 or authority assigned to it; 24 (3) perform all executive or administrative duties necessary and 25 advisable to carry out the purpose of this chapter, including the power to make 26 contracts and to make disbursements on vouchers against funds for the purpose of this 27 chapter, within the limit of funds available; 28 (4) study the needs of Alaska's pioneers and submit recommendations 29 for new regulations and proposed legislation; and 30 (5) prepare a biennial [AN ANNUAL] report to be delivered in even-numbered years to the legislature. 31 * Sec. 34. AS 05.05.030(a); AS 10.06.160; AS 12.62.017; AS 14.42.030(a)(5);
01 AS 15.13.110(d); AS 18.20.100; AS 19.30.233; AS 24.20.206(5); AS 26.05.190(b); 02 AS 29.60.420(a); AS 37.07.020(d); AS 37.10.050(c); AS 38.05.300(b); AS 39.30.070; 03 AS 39.50.050(d); AS 41.35.360; AS 43.05.010(5); AS 43.40.010(i); AS 43.50.360; 04 AS 44.09.017(c); AS 44.19.144(a)(3), 44.19.145(d)(2), 44.19.161(4), 44.19.188, 05 44.19.504(a)(4); AS 44.21.310(a)(2); AS 44.41.030; AS 44.82.190; AS 47.07.072; 06 AS 47.10.300(4); AS 47.25.540; AS 47.37.130(f); and AS 47.45.100(4) are repealed. 07 * Sec. 35. TRANSITION. (a) Notwithstanding the changes made by this Act, in the first 08 biennial report that a state agency is required to prepare, provide, or publish under a statute 09 amended by this Act, the agency may include only that data or information for years or parts 10 of years that has not previously been included in a report required under that statute. For 11 subsequent such biennial reports, the state agency shall comply with applicable statutory 12 requirements regarding information that must be included. 13 (b) The legislative audit requirement of AS 37.05.210(1), as amended by sec. 13 of 14 this Act, applies to reports relating to state fiscal year 1995 and thereafter. 15 * Sec. 36. This Act takes effect July 1, 1994.