SB 135: "An Act relating to the terms of legislators, 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 SENATE BILL NO. 135 01 "An Act relating to the terms of legislators, the date and time for convening regular 02 legislative sessions, certain procedures of the legislature, the date for organizing the 03 Legislative Budget and Audit Committee, and deadlines for certain matters or reports to 04 be filed or delivered to the legislature or a legislative committee; prohibiting bonuses for 05 legislative employees; and 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 24.05.080 is amended to read: 17 Sec. 24.05.080. Terms. The term of each member of the legislature begins on 18 the second Monday in February [JANUARY FOLLOWING A PRESIDENTIAL 19 ELECTION YEAR; HOWEVER, FOLLOWING A GUBERNATORIAL ELECTION 20 YEAR, THE TERM OF EACH MEMBER BEGINS ON THE THIRD TUESDAY IN 21 JANUARY]. The term of representatives is two years, and the term of senators is four 22 years. One-half of the senators shall be elected every two years. 23 * Sec. 4. AS 24.05.090 is amended to read: 24 Sec. 24.05.090. Regular sessions. The legislature shall convene at the capital 25 each year on the second Monday in February [JANUARY] at 1:00 p.m. Each [10:00 26 A.M.; HOWEVER, FOLLOWING A GUBERNATORIAL ELECTION YEAR, THE 27 LEGISLATURE SHALL CONVENE ON THE THIRD TUESDAY IN JANUARY 28 AT 10:00 a.m. EXCEPT AS PROVIDED IN THIS SECTION, EACH] legislature 29 shall have a duration of two years and consists [SHALL CONSIST] of a "First 30 Regular Session [,]" that meets [WHICH SHALL MEET] in the odd-numbered years, 31 [AND] a "Second Regular Session [,]" that meets [WHICH SHALL MEET] in the
01 even-numbered years, and any special session or sessions that the governor or 02 legislature may find necessary to call. 03 * Sec. 5. AS 24.08.035(a) is amended to read: 04 (a) Before a bill or resolution, except an appropriation bill, is reported from 05 the committee of first referral, there shall be attached to the bill a fiscal note 06 containing an estimate of the amount of the appropriation increase or decrease that 07 would result from enactment of the bill for the current fiscal year and five succeeding 08 fiscal years or, if the bill has no fiscal impact, a statement to that effect shall be 09 attached. The fiscal note or statement shall be prepared in conformity with the 10 requirements of this section by the department or departments affected and may be 11 reviewed by the office of management and budget. The fiscal note or statement shall 12 be delivered to the committee requesting it within three [FIVE] days of the request 13 [OR WITHIN TWO DAYS IF THE REQUEST IS MADE AFTER THE 90TH DAY 14 OF A REGULAR SESSION, OR DURING A SPECIAL SESSION OF THE 15 LEGISLATURE]. If the bill is presented by the governor for introduction in 16 accordance with AS 24.08.060(b) and the uniform rules of the legislature, the fiscal 17 note or statement shall be attached to the bill before the bill is introduced. An 18 amendment or a substitute bill proposed by a committee of referral that changes the 19 fiscal impact of a bill shall be explained in a revised fiscal note or statement attached 20 to the bill. 21 * Sec. 6. AS 24.08.050 is amended to read: 22 Sec. 24.08.050. Prefiling of bills and resolutions. Any member of the 23 legislature whose term extends into a forthcoming session or legislature, or a member- 24 elect may file a bill or resolution or a proposal for a bill or resolution with the 25 Legislative Affairs Agency at any time before February [JANUARY] 1. The agency 26 shall place a prefiled bill or resolution that [, WHICH] is approved by the sponsor [,] 27 in proper form and deliver it to the chief clerk of the appropriate house on the day on 28 which the next session convenes or is organized for business. Prefiled bills or 29 resolutions shall be considered as introduced on the day of their delivery to each 30 house. 31 * Sec. 7. AS 24.08.110 is amended to read:
01 Sec. 24.08.110. Bills carry over. A bill introduced [BUT NOT RECEIVING 02 FINAL ACTION] in the first regular session of a legislature that is passed by the 03 house in which it is introduced but that does not receive final action carries over in 04 the same reading or status into the second regular session of the same legislature. 05 * Sec. 8. AS 24.10.220 is amended to read: 06 Sec. 24.10.220. Bonuses for certain legislative employees. An employee of 07 the legislature may not be awarded or paid a bonus that is in [IN] addition to 08 compensation authorized under AS 24.10.200 and 24.10.210 [, AN EMPLOYEE OF 09 THE LEGISLATURE MAY BE AWARDED AND PAID A BONUS TO REWARD 10 EXTRAORDINARY EFFORT, COMPETENCY, JOB PERFORMANCE, OR 11 UNCOMPENSATED OVERTIME. HOWEVER, AFTER JANUARY 1, 2005, THE 12 AUTHORITY TO AWARD AND PAY A BONUS UNDER THIS SECTION IS 13 TERMINATED, AND BONUSES MAY NOT BE AWARDED OR PAID AFTER 14 THAT DATE]. 15 * Sec. 9. AS 24.20.171(a) is amended to read: 16 (a) The committee shall be organized within 10 [15] days after the 17 organization of each legislature. Members serve for the duration of the legislature 18 during which they are appointed. 19 * Sec. 10. AS 24.20.206 is amended to read: 20 Sec. 24.20.206. Duties. The Legislative Budget and Audit Committee shall 21 (1) [REPEALED 22 (2)] annually review the long-range operating plans of all agencies of 23 the state that perform lending or investment functions; 24 (2) [(3)] review periodic reports from all agencies of the state that 25 perform lending or investment functions; 26 (3) [(4)] prepare a complete report of investment programs, plans, 27 performance, and policies of all agencies of the state that perform lending or 28 investment functions and notify the legislature on or before the first day [WITHIN 29 30 DAYS AFTER THE CONVENING] of each regular session that the report is 30 available; 31 (4) [(5)] in conjunction with the finance committee of each house
01 recommend annually to the legislature the investment policy for the general fund 02 surplus and for the income from the permanent fund; 03 (5) [(6)] provide for an annual post audit and annual operational and 04 performance evaluation of the Alaska Permanent Fund Corporation investments and 05 investment programs; 06 (6) [(7)] provide for an annual operational and performance evaluation 07 of the Alaska Housing Finance Corporation and the Alaska Industrial Development 08 and Export Authority; the performance evaluation must include, but is not limited to, a 09 comparison of the effect on various sectors of the economy by public and private 10 lending, the effect on resident and nonresident employment, the effect on real wages, 11 and the effect on state and local operating and capital budgets of the programs of the 12 Alaska Housing Finance Corporation and the Alaska Industrial Development and 13 Export Authority; 14 (7) [(8)] provide assistance to the trustees of the trust established in 15 AS 37.14.400 - 37.14.450 in carrying out their duties under AS 37.14.415. 16 * Sec. 11. AS 24.20.311 is amended to read: 17 Sec. 24.20.311. Reports. The committee shall file copies of its approved audit 18 reports including any committee recommendations with the governor, the agency 19 concerned, and the legislature. An annual report summarizing the audit reports and 20 committee recommendations made during the year shall be filed with the governor and 21 with the legislature on or before [WITHIN] the first day [FIVE DAYS] of each 22 regular session of the legislature. Reports shall be approved by a majority of the 23 committee before their release and shall be open to public inspection after their release 24 to the legislature. 25 * Sec. 12. AS 24.45.041(e) is amended to read: 26 (e) Within 15 [45] days after the convening of each regular session of the 27 legislature, the commission shall publish a directory of registered lobbyists, containing 28 the information prescribed in (b) of this section for each lobbyist and the photograph, 29 if any, furnished by a lobbyist under (c) of this section. From time to time thereafter 30 the commission shall publish those supplements to the directory that in the 31 commission's judgment may be necessary. The directory shall be made available to
01 public officials and to the public at the following locations: a public place adjacent to 02 the legislative chambers in the state capitol building, the office of the lieutenant 03 governor, the legislative reference library of the Legislative Affairs Agency, and the 04 commission's central office. 05 * Sec. 13. AS 37.07.020(a) is amended to read: 06 (a) The governor shall prepare a budget for the succeeding fiscal year that 07 must cover all estimated receipts, including all grants, loans, and money received from 08 the federal government and all proposed expenditures of the state government. The 09 budget shall be organized so that the proposed expenditures for each agency are 10 presented separately. The budget must be accompanied by the information required 11 under AS 37.07.050 and by the following separate bills: (1) an appropriation bill 12 authorizing the operating and capital expenditures of the state's integrated 13 comprehensive mental health program under AS 37.14.003(a); (2) an appropriation 14 bill authorizing state operating expenditures other than those included in the state's 15 integrated comprehensive mental health program; (3) an appropriation bill authorizing 16 capital expenditures other than those included in the state's integrated comprehensive 17 mental health program; and (4) a bill or bills covering recommendations, if any, in the 18 budget for new or additional revenue. The budget for the succeeding fiscal year and 19 each of the bills shall become public information on January [DECEMBER] 15 at 20 which time the governor shall submit copies to the legislature and make copies 21 available to the public. The bills, identical in content to the copies released on 22 January [DECEMBER] 15, shall be delivered to the rules committee of each house 23 before the fourth legislative day of the next regular session for introduction. 24 * Sec. 14. 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 by the first Monday in February [JANUARY] of each 27 year [, EXCEPT THAT FOLLOWING A GUBERNATORIAL ELECTION YEAR 28 THE ADVANCE COPY SHALL BE PROVIDED BY THE SECOND MONDAY IN 29 JANUARY]; 30 * Sec. 15. AS 37.07.070 is amended to read: 31 Sec. 37.07.070. Legislative review. The legislature shall consider the
01 governor's proposed comprehensive operating and capital improvements programs and 02 financial plans, evaluate alternatives to the plans, make program selections among the 03 various alternatives and determine, subject to available revenues, the level of funding 04 required to support authorized state services. The operating and capital budgets of 05 each agency shall be separately reviewed. During each regular session of the 06 legislature, legislative review of the governor's supplemental appropriation bills and 07 the governor's budget amendments shall be governed by the following time limits: 08 (1) requests by the governor for supplemental appropriations for state 09 agency operating and capital budgets for the current fiscal year may be introduced by 10 the rules committee only through the fifth [30TH] legislative day; 11 (2) requests by the governor for budget amendments to state agency 12 budgets for the budget fiscal year may be received and reviewed by the finance 13 committees only through the 15th [45TH] legislative day. 14 * Sec. 16. AS 37.10.050(c) is amended to read: 15 (c) Except as provided in AS 37.10.052(a), each state agency shall annually 16 review fees collected by the agency. By October 1, each state agency shall submit a 17 report to the office of management and budget regarding existing fee levels set by the 18 agency by regulation and adjustments made to fee levels by the agency during the 19 previous fiscal year, and recommended adjustments in fees set by statute that the 20 agency collects. Each year by December 15, the office of management and budget 21 shall submit a report to the Legislative Budget and Audit Committee summarizing the 22 reports and recommendations and the extent to which the fee adjustments have been 23 incorporated in the governor's budget. Within five [30] days after the convening of 24 each regular session of the legislature, the committee shall prepare a report on the 25 status of fee regulations and making recommendations for changes in regulations or 26 statutes as appropriate. The committee shall notify the legislature that the report is 27 available. 28 * Sec. 17. AS 38.04.022(b) is amended to read: 29 (b) Within five [30] days after the legislature convenes in regular session, the 30 Department of Natural Resources shall notify the legislature that a report reflecting all 31 money deposited in the fund established under (a) of this section during the prior fiscal
01 year is available. 02 * Sec. 18. AS 38.05.027(b) is amended to read: 03 (b) A summary of agreements entered into under this section shall be 04 submitted to the legislature within five [30] days of the beginning of each regular 05 session. 06 * Sec. 19. AS 39.05.080(1) is amended to read: 07 (1) Each governor shall present to the legislature the names of the 08 persons appointed by that governor; each governor may present the name of a person 09 appointed by a previous governor; only presentment that occurs during the time that 10 the legislature is in regular session constitutes presentment under this section. The 11 governor shall, within the first 15 [30] days after the legislature convenes in regular 12 session, present to the legislature for confirmation the names of the following persons: 13 (A) persons appointed to a position or membership who have not previously been 14 confirmed by the legislature, and (B) persons to be appointed to fill a position or 15 membership the term of which will expire on or before March 1 during that session of 16 the legislature. If an appointment is made after the first 15 [30] days of the convening 17 of the regular session but while the legislature is in regular session, the governor shall 18 immediately present to the legislature for confirmation the name of the person 19 appointed. 20 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICATION. The beginning of the term of office under AS 24.05.080, as amended 23 by sec. 3 of this Act, first applies to legislators elected during 2008 and applies thereafter. 24 * Sec. 21. This Act takes effect January 1, 2008.