HB 304: "An Act relating to the procurement of leases for legislative office space."

00 HOUSE BILL NO. 304 01 "An Act relating to the procurement of leases for legislative office space." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 24.20.060 is amended to read: 04 Sec. 24.20.060. Powers. The legislative council has the power 05 (1) to organize and adopt rules for the conduct of its business; 06 (2) to hold public hearings, administer oaths, issue subpoenas, compel 07 the attendance of witnesses and production of papers, books, accounts, documents, and 08 testimony, and to have the deposition of witnesses taken in a manner prescribed by 09 court rule or law for taking depositions in civil actions when consistent with the 10 powers and duties assigned to the council by AS 24.20.010 - 24.20.140; 11 (3) to call upon all state officials, agencies, and institutions to give full 12 cooperation to the council and its executive director by collecting and furnishing 13 information, conducting studies, and making recommendations; 14 (4) in addition to providing the administrative services required for the 15 operation of the legislative branch,

01 (A) to provide the technical staff assistance in research, 02 reporting, drafting, and counseling requested by standing, interim, and special 03 committees and spot research and drafting services for individual members in 04 conformity with law and legislative rules; 05 (B) to conduct a continuing program for the revision and 06 publication of the acts of the legislature; 07 (C) to execute a program for the oversight of the administration 08 and construction of laws by state agencies and the courts through regulations, 09 opinions, and rulings; 10 (D) to operate and maintain the state legislative reference 11 library; 12 (E) to do all things necessary to carry out legislative directives 13 and law, and the duties set out in the uniform rules of the legislature; 14 (F) to sue in the name of the legislature during the interim 15 between sessions if authorized by majority vote of the full membership of the 16 council; 17 (5) to exercise control and direction over all legislative space, supplies, 18 and equipment and permanent legislative help between legislative sessions; the 19 exercise of control over legislative space is subject to AS 36.30.080(c), (g), and (h) if 20 the exercise involves the rent or lease of facilities, and to AS 36.30.085 if the exercise 21 involves the acquisition of facilities by lease-purchase or lease-financing agreement; 22 (6) to produce, publish, distribute, and to contract for the printing of 23 reports, memoranda, and other materials it finds necessary to the accomplishment of 24 its work; 25 (7) to take appropriate action for the preconvening and post-session 26 work of each legislative session including the employment one week in advance of 27 each session of not more than 10 temporary legislative employees; the continuing 28 employment of the temporary legislative employees is subject to legislative approval 29 when the session convenes; 30 (8) to establish a legislative internship program on a cooperative basis 31 with the University of Alaska that will provide for the assignment of interns to

01 standing committees of each house of the legislature during regular sessions of the 02 legislature; and 03 (9) to establish reasonable fees for services and materials provided by 04 the Legislative Affairs Agency to entities outside of the legislative branch of state 05 government and charges for collecting the fees; all fees and charges collected under 06 this paragraph shall be deposited into the general fund. 07 * Sec. 2. AS 36.30.020 is amended to read: 08 Sec. 36.30.020. Legislature. The legislative council shall adopt and publish 09 procedures to govern the procurement of supplies, services, professional services, and 10 construction by the legislative branch. The procedures must be based on the 11 competitive principles consistent with this chapter and must be adapted to the special 12 needs of the legislative branch as determined by the legislative council. The 13 procedures must contain provisions for prohibiting procurement from a person that has 14 headquarters in a country listed in Tier 3 of the most recent Trafficking in Persons 15 Report published by the United States Secretary of State under 22 U.S.C. 16 7107(b)(1)(C). The procedures may contain provisions for restricting procurement 17 from a person that conducts business in but does not have headquarters in a country 18 listed in Tier 3 of the most recent Trafficking in Persons Report published by the 19 United States Secretary of State under 22 U.S.C. 7107(b)(1)(C). The procedures must 20 be consistent with the provisions of AS 36.30.080(c) - (e), (g), and (h) and 36.30.085. 21 Notwithstanding the other provisions of this section, the legislative agencies subject to 22 the legislative council's regulations shall comply with the five percent preference 23 under AS 36.30.321(a). 24 * Sec. 3. AS 36.30.080 is amended by adding new subsections to read: 25 (g) In addition to any other requirement under this chapter or under the 26 procedures adopted by the legislative council under AS 36.30.020 for the lease, if the 27 total lease payments are anticipated to exceed $250,000 for the full term of the lease, 28 including renewal options provided under the lease, the legislature may not enter into 29 a new lease for office space for the legislature by using a noncompetitive method of 30 procurement to select the lessor, unless the legislature 31 (1) posts on the legislature's website, 14 days before the date of the

01 hearing required by (2) of this subsection, a notice describing the proposed lease and 02 providing the time and date of the hearing; 03 (2) after notice has been provided under (1) of this subsection, holds a 04 public hearing on the proposed lease; at the hearing, the legislature shall 05 (A) provide members of the public with information on the 06 proposed lease, including details of the space to be provided, the terms of the 07 lease, and the price to be paid by the legislature; 08 (B) allow members of the public to ask questions about the 09 proposed lease and to testify on the proposed lease; 10 (3) provides for attendance by teleconference at the hearing held under 11 (2) of this subsection at all legislative information offices with teleconferencing ability 12 in the state; and 13 (4) allows members of the public to provide the legislature with 14 comment on the proposed lease for at least 30 days after the public hearing held under 15 (2) of this subsection. 16 (h) In (g) of this section, "legislature" includes a legislative committee, 17 including the legislative council, and a legislative agency. 18 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. This Act applies to leases entered into by the legislature on or after 21 the effective date of this Act. In this section, "legislature" has the meaning given in 22 AS 36.30.080(h), enacted by sec. 3 of this Act.