00                            HOUSE BILL NO. 436                                                                          
01 "An Act relating to the employment of, and contracting with, attorneys, guardians ad                                    
02 litem, public guardians, court-appointed visitors, and experts by the office of public                                  
03 advocacy; and providing for an effective date."                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 44.21.420(a) is amended to read:                                                                  
06            (a)  The commissioner of administration may employ guardians ad litem,                                       
07       public guardians, clerical staff, and other assistants that the commissioner determines                           
08       are needed to perform the duties set out in AS 44.21.410.  A guardian ad litem or                             
09       public guardian employed to perform the duties set out in AS 44.21.410 must be                                
10       an attorney or be supervised by an attorney, who is admitted to the practice of                               
11       law in this state.  Employees under this subsection are in the classified service under                       
12       AS 39.25.100.                                                                                                     
13    * Sec. 2.  AS 44.21.420(c) is amended to read:                                                                     
14            (c)  The commissioner of administration may contract for services of court-                                  

01       appointed visitors and experts needed to perform the duties set out in AS 44.21.410,                          
02       except that the [.  THE] commissioner may contract only with attorneys to provide                         
03       legal representation, public guardian services, and [WITH OTHER PERSONS TO                                    
04       PROVIDE] guardian ad litem services, as needed to perform the duties set out in                                   
05       AS 44.21.410.  The commissioner may determine the rate of compensation for                                        
06       contractual services, taking into account the time involved, the skill and experience                             
07       required, and other pertinent factors.  The commissioner shall require a contractor                           
08       to submit time sheets for each person paid under the contract before the                                      
09       contractor is paid.                                                                                           
10    * Sec. 3.  AS 44.21.430(a) is amended to read:                                                                     
11            (a)  Only an attorney admitted to the practice of law in this state may be                                   
12       retained under contract by the office of public advocacy to provide legal                                         
13       representation, or to supervise public guardian services or guardian ad litem                                 
14       services. A person is not eligible to be an attorney employed by the office unless                            
15       admitted to the practice of law in this state no later than 10 months following the                               
16       commencement of the person's employment by the office.                                                            
17    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
18 read:                                                                                                                   
19       APPLICABILITY.  AS 44.21.420(c), as amended by sec. 2 of this Act, and                                            
20 AS 44.21.430(a), as amended by sec. 3 of this Act, apply to contracts entered into or renewed                           
21 on or after the effective date of this Act.                                                                             
22    * Sec. 5.  This Act takes effect July 1, 2004.