CCS HB 171: "An Act relating to the date and time for convening regular legislative sessions, certain procedures of the legislature, the date for organizing the Legislative Budget and Audit Committee, and deadlines for certain matters or reports to be filed or delivered to the legislature or a legislative committee; prohibiting bonuses for legislative employees; and providing for an effective date."
00 CONFERENCE CS FOR HOUSE BILL NO. 171 01 "An Act relating to the date and time for convening regular legislative sessions, certain 02 procedures of the legislature, the date for organizing the Legislative Budget and Audit 03 Committee, and deadlines for certain matters or reports to be filed or delivered to the 04 legislature or a legislative committee; prohibiting bonuses for legislative employees; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 18.65.085(b) is amended to read: 08 (b) The commissioner of public safety shall prepare [, WITHIN 30 DAYS 09 FROM THE DATE THE LEGISLATURE CONVENES,] a report concerning the 10 activities of the narcotic drugs and alcohol enforcement unit. The commissioner shall 11 notify the legislature on the first day of each regular session that the report is 12 available. The report must include, but is not limited to, the number of arrests made, 13 the kind, amount, and value of narcotic drugs and alcoholic beverages seized, the
01 sentences received by narcotic drug and alcohol offenders, and an overall view of the 02 narcotic drug and illicit alcohol problem in the state. 03 * Sec. 2. AS 18.65.086(b) is amended to read: 04 (b) The commissioner of public safety shall prepare, [WITHIN 30 DAYS 05 FROM THE DATE THE LEGISLATURE CONVENES] in odd-numbered years, a 06 report concerning the activities of the special unit on repeated child sexual abuse and 07 the criminal exploitation of children. The commissioner shall notify the legislature by 08 the first day of each regular session in an odd-numbered year that the report is 09 available. The report must include, but is not limited to, the number of arrests made in 10 cases of repeated child sexual abuse and the criminal exploitation of children, the 11 number of investigations that result in the Department of Health and Social Services 12 taking temporary or permanent custody of the child, the sentences received by persons 13 convicted in the state of child sexual abuse or criminal exploitation of a child, and an 14 overall view of the problems of child sexual abuse and the criminal exploitation of 15 children in the state. 16 * Sec. 3. AS 24.05.090 is amended to read: 17 Sec. 24.05.090. Duration of legislature; [REGULAR] sessions. The 18 legislature shall convene at the capital each year on the [SECOND MONDAY IN 19 JANUARY AT 10:00 a.m.; HOWEVER, FOLLOWING A GUBERNATORIAL 20 ELECTION YEAR, THE LEGISLATURE SHALL CONVENE ON THE] third 21 Tuesday in January at 1:00 p.m. Each [10:00 a.m. EXCEPT AS PROVIDED IN 22 THIS SECTION, EACH] legislature has [SHALL HAVE] a duration of two years and 23 consists [SHALL CONSIST] of a "First Regular Session [,]" that meets [WHICH 24 SHALL MEET] in the odd-numbered years, and a "Second Regular Session [,]" that 25 meets [WHICH SHALL MEET] in the even-numbered years, and any special session 26 [OR SESSIONS] that the governor or legislature calls [MAY FIND NECESSARY 27 TO CALL]. 28 * Sec. 4. AS 24.08.035(a) is amended to read: 29 (a) Before a bill or resolution, except an appropriation bill, is reported from 30 the committee of first referral, there shall be attached to the bill a fiscal note 31 containing an estimate of the amount of the appropriation increase or decrease that
01 would result from enactment of the bill for the current fiscal year and five succeeding 02 fiscal years or, if the bill has no fiscal impact, a statement to that effect shall be 03 attached. The fiscal note or statement shall be prepared in conformity with the 04 requirements of this section by the department or departments affected and may be 05 reviewed by the office of management and budget. The fiscal note or statement shall 06 be delivered to the committee requesting it within three [FIVE] days of the request 07 [OR WITHIN TWO DAYS IF THE REQUEST IS MADE AFTER THE 90TH DAY 08 OF A REGULAR SESSION, OR DURING A SPECIAL SESSION OF THE 09 LEGISLATURE]. If the bill is presented by the governor for introduction in 10 accordance with AS 24.08.060(b) and the uniform rules of the legislature, the fiscal 11 note or statement shall be attached to the bill before the bill is introduced. An 12 amendment or a substitute bill proposed by a committee of referral that changes the 13 fiscal impact of a bill shall be explained in a revised fiscal note or statement attached 14 to the bill. 15 * Sec. 5. AS 24.10.220 is amended to read: 16 Sec. 24.10.220. Bonuses for certain legislative employees. An employee of 17 the legislature may not be awarded or paid a bonus that is in [IN] addition to 18 compensation authorized under AS 24.10.200 and 24.10.210 [, AN EMPLOYEE OF 19 THE LEGISLATURE MAY BE AWARDED AND PAID A BONUS TO REWARD 20 EXTRAORDINARY EFFORT, COMPETENCY, JOB PERFORMANCE, OR 21 UNCOMPENSATED OVERTIME. HOWEVER, AFTER JANUARY 1, 2005, THE 22 AUTHORITY TO AWARD AND PAY A BONUS UNDER THIS SECTION IS 23 TERMINATED, AND BONUSES MAY NOT BE AWARDED OR PAID AFTER 24 THAT DATE]. 25 * Sec. 6. AS 24.20.140 is amended by adding a new subsection to read: 26 (b) In addition to transfers under (a) of this section, the council may direct the 27 executive director to transfer amounts from any appropriation to an office, agency, or 28 committee in the legislative branch to an appropriation for another office, agency, or 29 committee in the legislative branch. A transfer under this subsection may only be 30 made with the written approval of the head of the legislative office or agency or the 31 chair of the committee to which the appropriation was originally made, and the
01 amount transferred from that appropriation may not exceed the amount indicated in 02 the written approval. 03 * Sec. 7. AS 24.20.171(a) is amended to read: 04 (a) The committee shall be organized within 10 [15] days after the 05 organization of each legislature. Members serve for the duration of the legislature 06 during which they are appointed. 07 * Sec. 8. AS 24.20.206 is amended to read: 08 Sec. 24.20.206. Duties. The Legislative Budget and Audit Committee shall 09 (1) [REPEALED 10 (2)] annually review the long-range operating plans of all agencies of 11 the state that perform lending or investment functions; 12 (2) [(3)] review periodic reports from all agencies of the state that 13 perform lending or investment functions; 14 (3) [(4)] prepare a complete report of investment programs, plans, 15 performance, and policies of all agencies of the state that perform lending or 16 investment functions and notify the legislature on or before the first day [WITHIN 17 30 DAYS AFTER THE CONVENING] of each regular session that the report is 18 available; 19 (4) [(5)] in conjunction with the finance committee of each house 20 recommend annually to the legislature the investment policy for the general fund 21 surplus and for the income from the permanent fund; 22 (5) [(6)] provide for an annual post audit and annual operational and 23 performance evaluation of the Alaska Permanent Fund Corporation investments and 24 investment programs; 25 (6) [(7)] provide for an annual operational and performance evaluation 26 of the Alaska Housing Finance Corporation and the Alaska Industrial Development 27 and Export Authority; the performance evaluation must include, but is not limited to, a 28 comparison of the effect on various sectors of the economy by public and private 29 lending, the effect on resident and nonresident employment, the effect on real wages, 30 and the effect on state and local operating and capital budgets of the programs of the 31 Alaska Housing Finance Corporation and the Alaska Industrial Development and
01 Export Authority; 02 (7) [(8)] provide assistance to the trustees of the trust established in 03 AS 37.14.400 - 37.14.450 in carrying out their duties under AS 37.14.415. 04 * Sec. 9. AS 24.20.311 is amended to read: 05 Sec. 24.20.311. Reports. The committee shall file copies of its approved audit 06 reports including any committee recommendations with the governor, the agency 07 concerned, and the legislature. An annual report summarizing the audit reports and 08 committee recommendations made during the year shall be filed with the governor and 09 with the legislature on or before [WITHIN] the first day [FIVE DAYS] of each 10 regular session of the legislature. Reports shall be approved by a majority of the 11 committee before their release and shall be open to public inspection after their release 12 to the legislature. 13 * Sec. 10. AS 24.45.041(e) is amended to read: 14 (e) Within 15 [45] days after the convening of each regular session of the 15 legislature, the commission shall publish a directory of registered lobbyists, containing 16 the information prescribed in (b) of this section for each lobbyist and the photograph, 17 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter 18 the commission shall publish those supplements to the directory that in the 19 commission's judgment may be necessary. The directory shall be made available to 20 public officials and to the public at the following locations: a public place adjacent to 21 the legislative chambers in the state capitol building, the office of the lieutenant 22 governor, the legislative reference library of the Legislative Affairs Agency, and the 23 commission's central office. 24 * Sec. 11. AS 37.07.040(7) is amended to read: 25 (7) provide the legislative finance division with an advance copy of the 26 governor's budget workbooks at least seven days before the legislature convenes in 27 a regular session [BY THE FIRST MONDAY IN JANUARY OF EACH YEAR, 28 EXCEPT THAT FOLLOWING A GUBERNATORIAL ELECTION YEAR THE 29 ADVANCE COPY SHALL BE PROVIDED BY THE SECOND MONDAY IN 30 JANUARY]; 31 * Sec. 12. AS 37.07.070 is amended to read:
01 Sec. 37.07.070. Legislative review. The legislature shall consider the 02 governor's proposed comprehensive operating and capital improvements programs and 03 financial plans, evaluate alternatives to the plans, make program selections among the 04 various alternatives and determine, subject to available revenues, the level of funding 05 required to support authorized state services. The operating and capital budgets of 06 each agency shall be separately reviewed. During each regular session of the 07 legislature, legislative review of the governor's supplemental appropriation bills and 08 the governor's budget amendments shall be governed by the following time limits: 09 (1) requests by the governor for supplemental appropriations for state 10 agency operating and capital budgets for the current fiscal year may be introduced by 11 the rules committee only through the 15th [30TH] legislative day; 12 (2) requests by the governor for budget amendments to state agency 13 budgets for the budget fiscal year may be received and reviewed by the finance 14 committees only through the 30th [45TH] legislative day. 15 * Sec. 13. AS 37.10.050(c) is amended to read: 16 (c) Except as provided in AS 37.10.052(a), each state agency shall annually 17 review fees collected by the agency. By October 1, each state agency shall submit a 18 report to the office of management and budget regarding existing fee levels set by the 19 agency by regulation and adjustments made to fee levels by the agency during the 20 previous fiscal year, and recommended adjustments in fees set by statute that the 21 agency collects. Each year by December 15, the office of management and budget 22 shall submit a report to the Legislative Budget and Audit Committee summarizing the 23 reports and recommendations and the extent to which the fee adjustments have been 24 incorporated in the governor's budget. Within five [30] days after the convening of 25 each regular session of the legislature, the committee shall prepare a report on the 26 status of fee regulations and making recommendations for changes in regulations or 27 statutes as appropriate. The committee shall notify the legislature that the report is 28 available. 29 * Sec. 14. AS 38.04.022(b) is amended to read: 30 (b) Within five [30] days after the legislature convenes in regular session, the 31 Department of Natural Resources shall notify the legislature that a report reflecting all
01 money deposited in the fund established under (a) of this section during the prior fiscal 02 year is available. 03 * Sec. 15. AS 38.05.027(b) is amended to read: 04 (b) A summary of agreements entered into under this section shall be 05 submitted to the legislature within five [30] days of the beginning of each regular 06 session. 07 * Sec. 16. AS 39.05.080(1) is amended to read: 08 (1) Each governor shall present to the legislature the names of the 09 persons appointed by that governor; each governor may present the name of a person 10 appointed by a previous governor; only presentment that occurs during the time that 11 the legislature is in regular session constitutes presentment under this section. The 12 governor shall, within the first 15 [30] days after the legislature convenes in regular 13 session, present to the legislature for confirmation the names of the following persons: 14 (A) persons appointed to a position or membership who have not previously been 15 confirmed by the legislature, and (B) persons to be appointed to fill a position or 16 membership the term of which will expire on or before March 1 during that session of 17 the legislature. If an appointment is made after the first 15 [30] days after [OF] the 18 convening of the regular session but while the legislature is in regular session, the 19 governor shall immediately present to the legislature for confirmation the name of the 20 person appointed. 21 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 REPORT ON 90-DAY REGULAR SESSION. The Alaska Legislative Council shall 24 prepare and deliver a report to each house of the legislature considering issues related to the 25 duration of the regular session and making recommendations regarding the amendment or 26 repeal of any statutes or Uniform Rules implementing the 90-day regular session. The report 27 may be delivered at any time before the regular session is convened in 2010. By July 1, 2008, 28 the Alaska Legislative Council shall notify the chief clerk, the senate secretary, and each of 29 the presiding officers of the date the report will be delivered. 30 * Sec. 18. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 RETROACTIVITY. Section 6 of this Act is retroactive to January 1, 2007. 02 * Sec. 19. Sections 6 and 18 of this Act take effect immediately under AS 01.10.070(c). 03 * Sec. 20. Sections 1 - 5 and 7 - 17 of this Act take effect January 1, 2008.