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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.