CSSB 55(FIN) AM: "An Act relating to the definition of certain state receipts to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date."
00CS FOR SENATE BILL NO. 55(FIN) am 01 "An Act relating to the definition of certain state receipts to state fiscal 02 procedures, to the state budget, to agency performance reports, and to 03 appropriation bills, eliminating the authority of a department to award a grant 04 to a recipient other than the one named in the appropriation or allocation for 05 the grant; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 14.11.019 is amended to read: 08 Sec. 14.11.019. Grant appropriations. Within the [GENERAL] appropriation 09 bill authorizing capital expenditures submitted to the legislature under 10 AS 37.07.020(a)(3) [AS 37.07.020], the governor shall include an appropriation for 11 grants in the succeeding fiscal year as determined by the six-year capital improvement 12 project grant schedule prepared under AS 14.11.013. 13 * Sec. 2. AS 14.11.100(c) is amended to read: 14 (c) The school construction account is established. Funds to carry out the
01 provisions of this section shall be included within the [GENERAL] appropriation bill 02 authorizing capital expenditures submitted to the legislature under 03 AS 37.07.020(a)(3) [AS 37.07.020] and may be appropriated annually by the 04 legislature to the account. If amounts in the account are insufficient for the purpose 05 of providing the share to which a borough or city is entitled under this section, those 06 funds that are available shall be distributed pro rata among the eligible municipalities, 07 [LOCAL GOVERNMENTS] except that the legislature may direct that additional debt 08 service on refunding bonds that exceeds the total debt service on the refunded bonds 09 be disregarded in whole or in part. 10 * Sec. 3. AS 24.20.140 is amended to read: 11 Sec. 24.20.140. Appropriations. Appropriations for carrying out 12 AS 24.20.010 - 24.20.140 shall be set out [FORTH] in the [GENERAL] appropriation 13 bill authorizing operating expenditures submitted to the legislature under 14 AS 37.07.020(a)(2) or [SUCH] other bills as may be necessary. The council may 15 direct the executive director to transfer amounts from one appropriation to another if 16 the transfer is considered necessary to accomplish the work of the council. The 17 council may not exceed the total amount of the authorized appropriation. All 18 expenditures of the council are subject to an independent audit that [WHICH] shall 19 be made annually." 20 * Sec. 4. AS 37.05.146 is amended to read: 21 Sec. 37.05.146. Definition of program receipts and non-general fund 22 program receipts. (a) In AS 37.05.142 - 37.05.146 and AS 37.07.080, "program 23 receipts" means fees, charges, income earned on assets, and other state money received 24 by a state agency in connection with the performance of its functions. Unless 25 otherwise provided in this section, program receipts are accounted for within, and 26 appropriated from, the general fund of the state. 27 (b) The program receipts listed in this subsection are accounted for 28 separately, and appropriations from these program receipts are not made from 29 the unrestricted general fund [; ALL PROGRAM RECEIPTS EXCEPT THE 30 FOLLOWING ARE GENERAL FUND PROGRAM RECEIPTS]: 31 (1) federal receipts;
01 (2) University of Alaska receipts (AS 14.40.491); 02 (3) designated program receipts; in this paragraph "designated 03 program receipts" means money received by the state from a source other than 04 the state or federal government that is restricted to a specific use by the terms of 05 a gift, grant, bequest, or contract [INDIVIDUAL, FOUNDATION, OR 06 CORPORATION GIFTS, GRANTS, OR BEQUESTS THAT BY THEIR TERMS ARE 07 RESTRICTED TO A SPECIFIC PURPOSE]; 08 (4) receipts of the following [FUNDS]: 09 (A) highway working capital fund (AS 44.68.210); 10 (B) correctional industries fund (AS 33.32.020); 11 (C) loan funds; 12 (D) international airport revenue fund (AS 37.15.430); 13 (E) corporate receipts earned or managed by a public 14 corporation of the state [FUNDS MANAGED BY THE ALASKA HOUSING 15 FINANCE CORPORATION (AS 18.56.020), THE ALASKA RAILROAD 16 CORPORATION (AS 42.40.010), THE MUNICIPAL BOND BANK 17 AUTHORITY (AS 44.85.020), THE ALASKA AEROSPACE 18 DEVELOPMENT CORPORATION (AS 14.40.821), OR THE ALASKA 19 INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY 20 (AS 44.88.020)]; 21 (F) fish and game fund (AS 16.05.100); 22 (G) school fund (AS 43.50.140); 23 (H) training and building fund (AS 23.20.130); 24 (I) retirement funds (AS 14.25, AS 22.25, AS 26.05.222, 25 AS 39.35, and former AS 39.37); 26 (J) permanent fund (art. IX, sec. 15, Alaska Constitution); 27 (K) public school trust fund (AS 37.14.110); 28 (L) second injury fund (AS 23.30.040); 29 (M) fishermen's fund (AS 23.35.060); 30 (N) FICA administration fund (AS 39.30.050); 31 (O) receipts of the employee benefits program established under
01 AS 39.30.150 - 39.30.180; 02 (P) receipts of the deferred compensation program established 03 under AS 39.45; 04 (Q) clean air protection fund (AS 46.14.260); 05 (R) receipts of the group insurance programs established under 06 AS 39.30.090; 07 (S) mental health trust fund (AS 37.14.031); 08 (T) Alaska children's trust (AS 37.14.200); 09 (U) commercial fisheries test fishing operations 10 (AS 16.05.050(15)); 11 (V) Alaska Public Utilities Commission under AS 42.05 and 12 AS 42.06; 13 (5) receipts of or from the trust established by AS 37.14.400 - 14 37.14.450, except reimbursements described in AS 37.14.410. 15 * Sec. 5. AS 37.05.316(a) is amended to read: 16 (a) When an amount is appropriated or allocated to a department as a grant 17 under this section for a named recipient that is not a municipality, the department to 18 which the appropriation or allocation is made shall promptly notify the named recipient 19 of the availability of the grant and request the named recipient to submit a proposal 20 to provide the goods or services specified in the appropriation act for which the 21 appropriation or allocation is made. [AT THE SAME TIME, THE DEPARTMENT 22 MAY ISSUE A REQUEST FOR PROPOSALS FROM OTHER QUALIFIED 23 PERSONS TO PROVIDE THE SAME GOODS OR SERVICES IN THE SAME 24 AREA. THE DEPARTMENT SHALL AWARD THE GRANT TO THE NAMED 25 RECIPIENT UNLESS THE OFFICE OF THE GOVERNOR, WITH DUE REGARD 26 FOR THE LOCAL EXPERTISE OR EXPERIENCE OF THOSE MAKING 27 PROPOSALS, DETERMINES THAT AN AWARD TO A DIFFERENT PARTY 28 WOULD BETTER SERVE THE PUBLIC INTEREST. IF THE GRANT IS 29 AWARDED TO A PARTY OTHER THAN THAT NAMED BY THE 30 LEGISLATURE, THE BASIS OF THAT ACTION SHALL BE STATED IN 31 WRITING AT THE TIME THE GRANT IS ISSUED AND A COPY OF THE
01 WRITTEN STATEMENT SHALL BE SENT TO THE LEGISLATIVE BUDGET 02 AND AUDIT COMMITTEE.] A grant agreement must be executed within 60 days 03 after the effective date of the appropriation or allocation. 04 * Sec. 6. AS 37.07.020(a) is amended to read: 05 (a) The governor shall prepare [AND SUBMIT TO THE LEGISLATURE 06 BEFORE THE FOURTH LEGISLATIVE DAY] a budget for the succeeding fiscal 07 year that [WHICH] must cover all estimated receipts, including all grants, loans, and 08 money received from the federal government [,] and all proposed expenditures of the 09 state government. The budget [SUBMITTED BY THE GOVERNOR] shall be 10 organized so that the proposed expenditures for each agency are presented separately. 11 The budget must be accompanied by the following separate bills: (1) an 12 appropriation bill authorizing the operating and capital expenditures of the state's 13 integrated comprehensive mental health program under AS 37.14.003(a); (2) an 14 appropriation bill authorizing state operating expenditures other than those 15 included in the state's integrated comprehensive mental health program; (3) an 16 appropriation bill authorizing capital expenditures other than those included in 17 the state's integrated comprehensive mental health program; and (4) [A 18 GENERAL APPROPRIATION BILL TO AUTHORIZE THE PROPOSED 19 EXPENDITURES, AND] a bill or bills covering recommendations, if any, in the 20 budget for new or additional revenue. The budget for the succeeding fiscal year and 21 each of the bills [PROPOSED GENERAL APPROPRIATION BILL] shall become 22 public information on December 15 [OF EACH YEAR] at which time the governor 23 shall submit copies to the legislature and make copies available to the public. The 24 bills, identical in content to the copies released on December 15, shall be delivered 25 to the rules committee of each house before the fourth legislative day of the next 26 regular session for introduction. 27 * Sec. 7. AS 37.07.020(b) is amended to read: 28 (b) In addition to the budget and bills submitted under (a) of this section 29 [GENERAL APPROPRIATION BILL], the governor shall submit a capital 30 improvements program and financial plan covering the succeeding six fiscal years. 31 * Sec. 8. AS 37.07.040 is amended by adding a new paragraph to read:
01 (9) for each department in the executive branch, report to the legislature 02 by the 45th day of each regular session the amount of money appropriated to the 03 department that is expected to lapse into the general fund at the end of the current 04 fiscal year. 05 * Sec. 9. AS 37.07.062(a) is amended to read: 06 (a) Each [THE GENERAL] appropriation bill authorizing capital 07 expenditures required to be submitted to the legislature in AS 37.07.020(a) must be 08 accompanied by documents supporting the expenditures [CONTAIN A SEPARATE 09 SECTION FOR CAPITAL OUTLAYS WHICH IS DIVIDED INTO SUBSECTIONS] 10 for each of the capital projects funds (AS 44.42.080). The documents must list 11 [WHICH LISTS], for each project, the (1) project identification number; (2) project 12 title; (3) source of funding; (4) amount expended on the project during the preceding 13 fiscal year, the amount authorized for the current fiscal year, and the amount proposed 14 to be expended during the succeeding fiscal year; (5) estimated start for construction; 15 (6) schedule of bond elections pertaining to the appropriation, including elections 16 previously held. The total appropriation to each capital projects fund must be reflected 17 in the balance sheet of each fund as of June 30 of each fiscal year. 18 * Sec. 10. AS 37.07.062(b) is amended to read: 19 (b) Upon the effective date of each [THE GENERAL] appropriation bill 20 authorizing capital expenditures, the amounts appropriated by the bill for capital 21 outlay shall be paid into the appropriate capital project funds established under 22 AS 44.42.080. 23 * Sec. 11. AS 37.07.070 is amended to read: 24 Sec. 37.07.070. Legislative review. The legislature shall consider the 25 governor's proposed comprehensive operating and capital improvements programs and 26 financial plans, evaluate alternatives to the plans, make program selections among the 27 various alternatives and determine, subject to available revenues, the level of funding 28 required to support authorized state services. The operating and capital budgets of 29 each agency shall be separately reviewed. During each regular session of the 30 legislature, legislative review of the governor's supplemental appropriation bills and 31 the governor's budget amendments shall be governed by the following time limits:
01 (1) Requests by the governor for supplemental appropriations for state 02 agency operating and capital budgets for the current fiscal year may be introduced by 03 the rules committee only through the 30th legislative day. 04 (2) Requests by the governor for budget amendments to state agency 05 budgets for the budget fiscal year may be received and reviewed by the finance 06 committees only through the 45th [60TH] legislative day. 07 * Sec. 12. AS 37.07.090(b) is amended to read: 08 (b) The office shall summarize the performance reports and forward copies to 09 each member of the legislature by January 10 each year. 10 * Sec. 13. AS 47.30.380 is amended to read: 11 Sec. 47.30.380. Appropriation authorized. Funds to carry out AS 47.30.350 12 - 47.30.400 shall be set out in the [GENERAL] appropriation bill authorizing the 13 operating and capital expenditures of the state's integrated comprehensive mental 14 health program under AS 37.14.003(a) and submitted to the legislature under 15 AS 37.07.020(a)(1). 16 * Sec. 14. This Act takes effect July 1, 1997.