txt

HB 513: "An Act abolishing the Department of Administration; relating to the duties of the Department of Administration; relating to additional legislation to carry out the purposes of this Act; and providing for an effective date."

00HOUSE BILL NO. 513 01 "An Act abolishing the Department of Administration; relating to the duties of 02 the Department of Administration; relating to additional legislation to carry out 03 the purposes of this Act; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. LEGISLATIVE FINDINGS AND PURPOSE. The legislature finds that it 06 would be in the public interest if some duties of the Department of Administration were 07 performed by other state agencies, some duties of the department were contracted out to 08 private persons, and some functions performed by or under the department were eliminated. 09 The purpose of this bill is to initiate the process of implementing these findings by abolishing 10 the Department of Administration, by amending some of the statutes that would be affected 11 by the implementation of these findings, and by directing the division of legal and research 12 services of the Legislative Affairs Agency, with the assistance of appropriate state agencies, 13 to draft a bill for introduction during the First Session of the Twentieth Alaska State 14 Legislature that would, if enacted, make all of the statutory changes that are necessary to

01 complete implementation of these findings. 02 * Sec. 2. AS 15.13.020(a) is amended to read: 03  (a) There is created in the Department of Law [ADMINISTRATION] the 04 Alaska Public Offices Commission consisting of five members. The governor shall 05 appoint all members of the commission in the manner prescribed in (b) and (c) of this 06 section, subject to confirmation by a majority of the legislature meeting in joint 07 session. 08 * Sec. 3. AS 18.85.010 is amended to read: 09  Sec. 18.85.010. PUBLIC DEFENDER AGENCY ESTABLISHED. There is 10 created in the Department of Health and Social Services [ADMINISTRATION] a 11 Public Defender Agency to serve the needs of indigent defendants. 12 * Sec. 4. AS 31.05.026(d) is amended to read: 13  (d) For budget and audit procedures and considerations, the commission shall 14 have the same standing as any other major state agency. For circumstances where 15 specification of a department may be necessary, the commission shall be 16 considered to be in the Department of Commerce and Economic Development, but 17 this designation may not be construed to have any substantive effect on the 18 commission or its duties. Whenever practicable, the commission may enter into state 19 interagency agreements concerning administrative, employee relations, and fiscal 20 duties. 21 * Sec. 5. AS 36.30.005 is amended to read: 22  Sec. 36.30.005. [CENTRALIZATION OF] PROCUREMENT AUTHORITY. 23 (a) Except as otherwise provided, all rights, powers, duties, and authority relating to 24 the procurement of supplies, services, and professional services, and the control over 25 supplies, services, and professional services vested in or exercised by an agency on 26 January 1, 1988, are transferred to the commissioner of revenue. The commissioner 27 of revenue shall enter into contracts with private persons to procure and exercise 28 control over supplies, services, and professional services governed by this 29 subsection [ADMINISTRATION AND TO THE CHIEF PROCUREMENT 30 OFFICER]. Authority granted by contract under this subsection shall be exercised 31 in accordance with this chapter.

01  (b) Except as otherwise provided, all rights, powers, duties, and authority 02 relating to the procurement of construction and procurements of equipment or services 03 for the state equipment fleet and the control over construction of state facilities and the 04 state equipment fleet vested in or exercised by an agency on January 1, 1988, are 05 transferred to the commissioner of transportation and public facilities, subject to 06 regulations adopted by the commissioner of revenue [ADMINISTRATION]. 07 Notwithstanding AS 44.68.110, authority relating to disposals from the state equipment 08 fleet is vested in the commissioner of transportation and public facilities, subject to 09 regulations adopted by the commissioner of revenue [ADMINISTRATION]. 10 Authority granted under this subsection shall be exercised in accordance with this 11 chapter. 12  (c) Notwithstanding other provisions of law, all rights, powers, duties, and 13 authority relating to the procurement of supplies, services, professional services, and 14 construction and the disposal of supplies for the University of Alaska are transferred 15 to the Board of Regents. To the maximum extent possible, authority granted under 16 this subsection shall be exercised in accordance with this chapter. The Board of 17 Regents shall adopt regulations under this subsection that are substantially equivalent 18 to the regulations adopted by the commissioner of revenue [ADMINISTRATION] to 19 implement this chapter. For the purposes of this subsection, unless the context 20 otherwise requires, in this chapter 21  (1) "agency" means a subunit of the University of Alaska; 22  (2) "attorney general" means the president of the University of Alaska; 23  (3) "chief procurement officer" means a person designated by the 24 president of the University of Alaska whose qualifications are substantially equivalent 25 to those provided in AS 36.30.010(a); 26  (4) "commissioner," "commissioner of revenue [ADMINISTRATION]," 27 or "commissioner of transportation and public facilities" means the Board of Regents 28 or the president of the University of Alaska if so designated by the Board of Regents 29 by regulations adopted under this subsection; and 30  (5) "department" means the University of Alaska. 31 * Sec. 6. AS 36.30.015(b) is amended to read:

01  (b) The commissioner of revenue [ADMINISTRATION] may delegate to an 02 agency the authority to contract for [AND MANAGE] services, professional services, 03 and supplies. Notwithstanding delegation of authority under this subsection, an 04 agency's exercise of the authority is governed by this chapter and regulations adopted 05 by the commissioner under this chapter. Before delegating authority to an agency 06 under this subsection, the commissioner shall make a written determination that the 07 agency is capable of implementing the delegated authority. 08 * Sec. 7. AS 36.30.990(9) is amended to read: 09  (9) "department" means the Department of Revenue 10 [ADMINISTRATION]; 11 * Sec. 8. AS 37.05.130 is amended to read: 12  Sec. 37.05.130. GENERAL POWERS. The Department of Revenue 13 [ADMINISTRATION] is responsible for all accounts and purchases. The department 14 shall contract with a private person to perform its duties relating to purchases. 15 * Sec. 9. AS 39.25.030 is amended to read: 16  Sec. 39.25.030. DIVISION OF PERSONNEL AND BOARD. There is 17 established within the Department of Revenue [ADMINISTRATION] a division of 18 personnel. There is established within the division of personnel a personnel board. 19 * Sec. 10. AS 39.25.040 is amended to read: 20  Sec. 39.25.040. DIRECTOR OF PERSONNEL. The head of the division of 21 personnel is the director of personnel appointed by the commissioner of revenue 22 [ADMINISTRATION] and responsible to the commissioner of revenue 23 [ADMINISTRATION] for the execution of the duties and responsibilities imposed by 24 this chapter and the rules adopted under this chapter. The director of personnel shall 25 have at least three years of practical working experience in the field of personnel 26 administration. 27 * Sec. 11. AS 39.25.150 is amended to read: 28  Sec. 39.25.150. SCOPE OF THE RULES. The personnel rules must provide 29 for 30  (1) the preparation, maintenance, and revision by the director of 31 personnel, subject to approval of the commissioner of revenue [ADMINISTRATION]

01 and the personnel board, of a position classification plan for all positions in the 02 classified and partially exempt services; the position classification plan must [SHALL] 03 include 04  (A) a grouping together of all positions into classes on the basis 05 of duties and responsibilities; 06  (B) an appropriate title, a description of the duties and 07 responsibilities, training and experience qualifications, and other necessary 08 specifications for each class of positions; 09  (2) the preparation, maintenance, revision and administration by the 10 director of personnel of a pay plan for all positions in the classified and partially 11 exempt services; the pay plan (A) shall be based upon the position classification plan; 12 (B) shall provide for fair and reasonable compensation for services rendered, and 13 reflect the principle of like pay for like work; (C) may be amended, approved, or 14 disapproved by the legislature in regular or special session; after the pay plan is in 15 effect, a salary or wage payment may not be made to a state employee covered by the 16 plan unless the payment is in accordance with this chapter and the rules adopted under 17 this chapter or unless the payment is in accordance with a valid agreement entered into 18 in accordance with AS 23.40; 19  (3) standards that will govern state agencies when they determine 20 and implement their [THE USE OF] employee selection methods; the standards 21 must provide that the employee selection methods of state agencies, including open 22 competitive examinations, when appropriate, [THAT] will fairly test the capacity and 23 fitness of the person examined to discharge the duties of the class in which 24 employment is sought; 25  (4) standards that will govern state agencies in their [THE] 26 establishment and maintenance of eligible lists for appointment and promotion 27 [PROVIDING THE NAMES OF ELIGIBLE CANDIDATES IN ORDER OF THEIR 28 RELATIVE PERFORMANCE IN THE EXAMINATIONS]; 29  (5) standards for the procedure that will be used by state agencies 30 for certifying eligible candidates to an appointing authority; the rule adopted under 31 this paragraph may include standards for procedures providing a preference for

01 certifying local residents when appropriate; 02  (6) promotions from within the state service when there are qualified 03 candidates in the state service; vacancies shall be filled by promotion whenever 04 practicable and in the best interest of the state service and promotion shall be by 05 competitive examination whenever possible; in considering promotions, the applicants' 06 qualifications, performance records, seniority, and conduct shall be evaluated; 07  (7) a period of probation not to exceed one year before an appointment 08 to a position becomes permanent, except that a permanent employee receiving a 09 promotional appointment retains permanent status in the service and job class from 10 which appointed for the duration of the probationary period and may be demoted to 11 a former class without right of appeal, notwithstanding AS 39.25.170, but if the 12 employee is dismissed from the service the appeal rights under AS 39.25.170 apply; 13  (8) nonpermanent and emergency appointments to positions in the state 14 service in accordance with AS 39.25.195 - 39.25.200; 15  (9) provisional appointment without competitive examination when 16 appropriate eligible lists are not available; 17  (10) transfers from one department to another and from another merit 18 system jurisdiction to the state service; 19  (11) transfers from one area of the state to another; 20  (12) the reinstatement of a person who resigns in good standing; 21  (13) layoffs for reason of lack of money or work, abolition of positions, 22 or material changes in duties or organization; both performance and seniority records 23 shall be considered in the development of layoff orders; 24  (14) the development, maintenance, and use of employee performance 25 records; 26  (15) the establishment of disciplinary measures which may include 27 disciplinary suspension without pay; 28  (16) the procedures for review of disputed personnel actions, for 29 resolving employee and interagency grievances, and for resolving grievances of the 30 general public concerning the operation of the state personnel system; 31  (17) hours of work for all employees in the state service;

01  (18) methods and procedures covering overtime work and pay; 02  (19) the granting of employment preference rights, not within the area 03 of promotion, to a veteran or prisoner of war under AS 39.25.159; 04  (20) the employment of persons in permanent positions on a part-time 05 basis of 15 hours or more a week, including the employment of two persons to fill one 06 permanent full-time position; these employees shall be designated as permanent part- 07 time employees; 08  (21) the granting of employment preference to severely handicapped 09 persons; this includes the right to provisional appointment without competitive 10 examination for periods up to four months and the granting of eligibility to a severely 11 handicapped person provisionally appointed under the rules who demonstrates ability 12 to perform the job for permanent appointment without competitive examination; 13 provisional employment under this paragraph may not exceed four months during a 12- 14 month period; "severely handicapped" as used in this paragraph means persons certified by 15 the director of the division of vocational rehabilitation to be severely handicapped; 16  (22) the establishment of programs facilitating the employment of 17 disadvantaged persons; 18  (23) the performance of employee selection, certification, training, 19 and promotion and the maintenance of eligible lists by each state agency for its 20 own positions according to the standards set in the rules and the delegation, when 21 feasible, of other personnel responsibilities and duties to the principal departments of 22 the executive branch; 23  (24) the establishment of a transition period of up to 12 months for an 24 employee to be reappointed to a classified position if the employee's position is 25 withdrawn from the partially exempt or exempt service and placed in the classified 26 service; 27  (25) other rules and administrative regulations, not inconsistent with 28 this chapter, that are necessary for its enforcement. 29 * Sec. 12. AS 39.25.153(a) is amended to read: 30  (a) Each [IF A] principal department of the executive branch shall have 31 [HAS] a personnel officer [, THE PERSONNEL OFFICER SHALL BE] employed by

01 and located within that department. 02 * Sec. 13. AS 39.25.153(b) is amended to read: 03  (b) Subject to the provisions of (d) of this section, the personnel officers for 04 each department [THE DEPARTMENTS OF TRANSPORTATION AND PUBLIC 05 FACILITIES, FISH AND GAME, EDUCATION, LABOR, AND HEALTH AND 06 SOCIAL SERVICES,] have the following powers with respect to the classes of 07 positions that are in [UNIQUE TO] their departments: 08  (1) to assign positions to an existing class in the state classification plan 09 and to the salary range for that class as established by the state pay plan or by a valid 10 agreement entered into in accordance with AS 23.40; 11  (2) to administer and score examinations and to place successful 12 applicants on departmental eligible lists; 13  (3) to certify those eligible to the appointing authorities. 14 * Sec. 14. AS 39.25.153(d) is amended to read: 15  (d) The exercise [ASSUMPTION] of a power set out in (b) of this section 16 [MUST BE APPROVED BY THE COMMISSIONER OF ADMINISTRATION AND] 17 must be in harmony with the merit principle of personnel administration 18 (AS 39.25.010) and must comply with the standards set in the personnel rules 19 adopted under AS 39.25.150. 20 * Sec. 15. AS 39.30.080(1) is amended to read: 21  (1) "department" means the Department of Revenue 22 [ADMINISTRATION]; 23 * Sec. 16. AS 39.30.090(a) is amended to read: 24  (a) The Department of Revenue [ADMINISTRATION] may obtain a policy 25 or policies of group insurance covering state employees, persons entitled to coverage 26 under AS 14.25.168, AS 22.25.090, AS 39.35.535, or former AS 39.37.145, 27 employees of other participating governmental units, or persons entitled to coverage 28 under AS 23.15.136, subject to the following conditions: 29  (1) A group insurance policy shall provide one or more of the 30 following benefits: life insurance, accidental death and dismemberment insurance, 31 weekly indemnity insurance, hospital expense insurance, surgical expense insurance,

01 dental expense insurance, audiovisual insurance, or other medical care insurance. 02  (2) Each eligible employee of the state, the spouse and the unmarried 03 children chiefly dependent on the eligible employee for support, and each eligible 04 employee of another participating governmental unit shall be covered by the group 05 policy, unless exempt under regulations adopted by the commissioner of revenue 06 [ADMINISTRATION]. 07  (3) A governmental unit may participate under a group policy if 08  (A) its governing body adopts a resolution authorizing 09 participation [,] and payment of required premiums; 10  (B) a certified copy of the resolution is filed with the 11 Department of Revenue [ADMINISTRATION]; and 12  (C) the commissioner of revenue [ADMINISTRATION] 13 approves the participation in writing. 14  (4) In procuring a policy of group health or group life insurance as 15 provided under this section or excess loss insurance as provided in AS 39.30.091, the 16 Department of Revenue [ADMINISTRATION] shall comply with the dual choice 17 requirements of AS 21.86.310, and shall obtain the insurance policy from an insurer 18 authorized to transact business in the state under AS 21.09, a hospital or medical 19 service corporation authorized to transact business in this state under AS 21.87, or a 20 health maintenance organization authorized to operate in this state under AS 21.86. 21 An excess loss insurance policy may be obtained from a life or disability insurer 22 authorized to transact business in this state under AS 21.09 or from a hospital or 23 medical service corporation authorized to transact business in this state under 24 AS 21.87. 25  (5) The Department of Revenue [ADMINISTRATION] shall make 26 available bid specifications for desired insurance benefits or for administration of 27 benefit claims and payments to (A) all insurance carriers authorized to transact 28 business in this state under AS 21.09 and all hospital or medical service corporations 29 authorized to transact business under AS 21.87 who are qualified to provide the desired 30 benefits; and (B) to insurance carriers authorized to transact business in this state under 31 AS 21.09, hospital or medical service corporations authorized to transact business

01 under AS 21.87, and third-party administrators licensed to transact business in this 02 state and qualified to provide administrative services. The specifications shall be made 03 available at least once every five years. The lowest responsible bid submitted by an 04 insurance carrier, hospital or medical service corporation, or third-party administrator 05 with adequate servicing facilities shall govern selection of a carrier, hospital or medical 06 service corporation, or third-party administrator under this section or the selection of 07 an insurance carrier or a hospital or medical service corporation to provide excess loss 08 insurance as provided in AS 39.30.091. 09  (6) If the aggregate of dividends payable under the group insurance 10 policy exceeds the governmental unit's share of the premium, the excess shall be 11 applied by the governmental unit for the sole benefit of the employees. 12  (7) A person receiving benefits under AS 14.25.110, AS 22.25, 13 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in 14 effect under this section at the time of termination of employment with the state or 15 participating governmental unit. 16  (8) A person electing to have insurance under (7) of this subsection 17 shall pay the cost of this insurance. 18  (9) For each permanent part-time employee electing coverage under this 19 section, the state shall contribute one-half the state contribution rate for permanent full- 20 time state employees, and the permanent part-time employee shall contribute the other one-half. 21  (10) A person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 22 or former AS 39.37 may obtain auditory, visual, and dental insurance for that person 23 and eligible dependents under this section. The level of coverage for persons over 65 24 shall be the same as that available before reaching age 65 except that the benefits 25 payable shall be supplemental to any benefits provided under the federal old age, 26 survivors, and disability insurance program. A person electing to have insurance under 27 this paragraph shall pay the cost of the insurance. The commissioner of revenue 28 [ADMINISTRATION] shall adopt regulations implementing this paragraph. 29  (11) A person receiving benefits under AS 14.25, AS 22.25, AS 39.35, 30 or former AS 39.37 may obtain long-term care insurance for that person and eligible 31 dependents under this section. A person who elects insurance under this paragraph

01 shall pay the cost of the insurance premium. The commissioner of revenue 02 [ADMINISTRATION] shall adopt regulations to implement this paragraph. 03  (12) Each licensee holding a current operating agreement for a vending 04 facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that 05 applies to governmental units other than the state. 06 * Sec. 17. AS 39.30.180(1) is amended to read: 07  (1) "commissioner" means the commissioner of revenue [THE 08 DEPARTMENT OF ADMINISTRATION]; 09 * Sec. 18. AS 39.45.020(a) is amended to read: 10  (a) The administration of the deferred compensation program for state 11 employees is under the direction of the Department of Revenue 12 [ADMINISTRATION]. A political subdivision coming under the provisions of this 13 chapter shall designate the office or official to administer its program. 14 * Sec. 19. AS 47.10.400(a) is amended to read: 15  (a) There is created in the Department of Health and Social Services 16 [ADMINISTRATION] the Citizens' Review Panel for Permanency Planning. The state 17 panel consists of five voting members appointed by the governor from among present 18 members of local citizen review panels established under AS 47.10.420. The governor 19 shall appoint at least one voting state panel member from each judicial district. The 20 governor may not appoint a person who has committed a felony or violated 21 AS 11.51.130 or a law with substantially similar elements. The panel also includes 22 the following five nonvoting members who serve ex officio or their designees: the 23 commissioner of health and social services [, THE DIRECTOR OF THE OFFICE OF 24 PUBLIC ADVOCACY], the attorney general, the public defender appointed under 25 AS 18.85.030, and the chief justice of the Alaska Supreme Court. 26 * Sec. 20. AS 47.24.900(5) is amended to read: 27  (5) "department " means the Department of Health and Social Services 28 [ADMINISTRATION]; 29 * Sec. 21. AS 47.33.410(a) is amended to read: 30  (a) The Department of Health and Social Services is the licensing agency 31 responsible for licensing assisted living homes [THAT WILL BE PROVIDING CARE

01 PRIMARILY TO PERSONS WITH A MENTAL OR DEVELOPMENTAL 02 DISABILITY]. 03 * Sec. 22. AS 47.45.020 is amended to read: 04  Sec. 47.45.020. CONTINUOUS ELIGIBILITY PROCEDURES. After 05 qualification, monthly applications for bonuses may be made in person to any office 06 of the Department of Health and Social Services [ADMINISTRATION]. Mailed 07 monthly applications shall also be considered by the department. In-person or mailed 08 applications shall be made on forms provided by the department and shall conform to 09 the conditions as provided by regulation. The commissioner of health and social 10 services [ADMINISTRATION] may make exceptions for those residents who are 11 isolated in rural areas and cannot mail a monthly application; however, they shall mail 12 an application at least once every six months. 13 * Sec. 23. AS 47.55.010 is amended to read: 14  Sec. 47.55.010. MAINTENANCE OF ALASKA PIONEERS' HOME. (a) 15 The state shall maintain institutions known collectively as the Alaska Pioneers' Home. 16 Pioneers' Homes shall be maintained at Sitka and at other sites designated by the 17 commissioner of health and social services [ADMINISTRATION]. 18  (b) The Department of Health and Social Services [ADMINISTRATION] 19 shall formulate general policies, but has no administrative or executive functions other 20 than those set out in this chapter. It may hold hearings and subpoena witnesses and 21 documents and may administer oaths in connection with them. 22  (c) The Department of Health and Social Services [ADMINISTRATION] 23 shall 24  (1) cooperate with the federal government in matters pertaining to the 25 welfare of Alaska [ALASKAN] pioneers, make the reports in the form and containing 26 the information the federal government from time to time desires, and accept funds 27 allotted by the federal government, its agencies, or instrumentalities, in establishing, 28 extending, and strengthening services for pioneers of Alaska; 29  (2) adopt regulations necessary for the conduct of the business of the 30 Pioneers' Home and for carrying out the provisions of this chapter, require bonds and 31 undertakings from persons employed by it as in its judgment are necessary, and pay

01 the premiums on them, and establish regional and local offices and the advisory groups 02 that are necessary or considered expedient to carry out or assist in carrying out a duty 03 or authority assigned to it; 04  (3) perform all executive or administrative duties necessary and 05 advisable to carry out the purpose of this chapter, including the power to make 06 contracts and to make disbursements on vouchers against funds for the purpose of this 07 chapter, within the limit of funds available; 08  (4) study the needs of Alaska's pioneers and submit recommendations 09 for new regulations and proposed legislation; and 10  (5) prepare a biennial report in even-numbered years and notify the 11 legislature that the report is available. 12  (d) The Department of Health and Social Services [ADMINISTRATION] 13 may employ the necessary subordinate officers and employees, and shall prescribe 14 methods for operation of the Pioneers' Home, standards of care and service to 15 residents, and rules governing personnel and rewarding employees on a merit basis. 16 * Sec. 24. AS 47.65.010 is amended to read: 17  Sec. 47.65.010. OLDER ALASKANS SERVICE PROGRAMS ACCOUNT. 18 The older Alaskans service programs account is established in the Department of 19 Health and Social Services [ADMINISTRATION]. An amount to carry out the 20 provisions of AS 47.65.010 - 47.65.050 may be appropriated annually by the 21 legislature to the account. The amount appropriated to the account shall be fully 22 distributed by the Alaska Commission on Aging to sponsors of older Alaskans service 23 programs in accordance with the provisions of AS 47.65.010 - 47.65.050. 24 * Sec. 25. AS 36.30.010; AS 39.25.120(c)(9)(A), 39.25.153(c); AS 39.50.200(b)(7); 25 AS 44.17.005(2); AS 44.21; AS 47.33.410(b), 47.33.410(c), and 47.33.410(e) are repealed. 26 * Sec. 26. PREPARATION OF LEGISLATION. (a) The division of legal and research 27 services of the Legislative Affairs Agency shall prepare a bill conforming the Alaska Statutes 28 to the changes made by secs. 2 - 25 of this Act and to 29 (1) transfer the duties of the division of finance, division of retirement and 30 benefits, and labor relations section of the Department of Administration to the Department 31 of Revenue;

01 (2) transfer the duties of the division of senior services, Department of 02 Administration, to the Department of Health and Social Services; 03 (3) eliminate the office of public advocacy, the intent being that private 04 attorneys would perform the duties of the office, as needed, and would be assigned by the 05 court to perform the duties when required by the constitution; 06 (4) eliminate the Alaska Public Broadcasting Commission, the intent being 07 that a private endowment or trust entity would continue its functions; 08 (5) eliminate the division of personnel, Department of Administration, and 09 provide for its duties to be performed, as necessary, by each state agency for itself under a 10 uniform personnel system established by a division of personnel in the Department of 11 Revenue; 12 (6) require the Department of Revenue to enter into contracts with private 13 persons for the performance of the duties of the divisions of risk management, general 14 services, and informational services of the Department of Administration; 15 (7) provide for alteration of the membership of various boards, commissions, 16 and other entities that include the commissioner of administration as a member; and 17 (8) provide appropriate transitional provisions to implement the goals of this 18 Act. 19 (b) The division of legal and research services, Legislative Affairs Agency, shall 20 consult with the Department of Administration and other appropriate state agencies during the 21 preparation of the bill required under this section, and the Department of Administration and 22 other state agencies, in a timely manner, shall cooperate with the division of legal and research 23 services on request. 24 (c) Wherever in this section there is a reference to the duties of a division or section 25 of the Department of Administration, that reference shall be construed to refer to the duties 26 of that division or section as constituted on the effective date of this bill section. If there is 27 ambiguity about which division or section is performing a duty or administering a program 28 on the effective date of this bill section, the bill prepared under this section shall be drafted 29 in a manner that resolves the ambiguity, and the division of legal and research services shall 30 give notice to the legislature of ambiguities resolved under this subsection. 31 * Sec. 27. If the Twentieth Alaska State Legislature does not enact a bill that eliminates

01 the Department of Administration, this Act is repealed January 1, 1999. 02 * Sec. 28. Sections 1 and 26 of this Act take effect immediately under AS 01.10.070(c). 03 * Sec. 29. Sections 2 - 25 of this Act take effect on the effective date of a section in an 04 Act enacted by the Twentieth Alaska State Legislature that eliminates the Department of 05 Administration.