00                            SENATE BILL NO. 224                                                                         
01 "An Act relating to the hiring of certain legislative employees."                                                       
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 24.10.060(a) is repealed and reenacted to read:                                                    
04 (a)  Except as otherwise provided by the Uniform Rules of the Alaska State                                              
05 Legislature, a legislator may hire a person for employment during a legislative session                                 
06 and may terminate that person's employment at will so long as the decision to hire or                                   
07 fire an employee is not for an unlawful reason and is consistent with this section.                                     
08 When a legislator proposes to hire a person under this section, the hiring may occur                                    
09 only if first authorized by the chief clerk of the house of representatives or the senate                               
10 secretary, as appropriate. The chief clerk or senate secretary may withhold an                                          
11 authorization only for a reason based on applicable law, including AS 24.60                                             
12 (Legislative Ethics Act), and the prospective employee's past record of compliance                                      
13 with criminal and ethics laws in this or another jurisdiction. If the chief clerk or senate                             
14 secretary withholds an authorization, the chief clerk or senate secretary, as                                           
15 appropriate, shall immediately notify the legislator, in writing, of the withheld                                       

01 authorization and the reason for it. The legislator may request a review of a withheld                                  
02 authorization under AS 24.20.050(b). Upon receiving a determination under                                               
03 AS 24.20.050(b) or AS 24.20.060(10) that a withheld authorization for a proposed hire                                   
04 was not justified, the chief clerk or senate secretary, as appropriate, shall authorize the                             
05       hiring.                                                                                                           
06    * Sec. 2. AS 24.20.050 is amended by adding a new subsection to read:                                              
07 (b)  When requested under AS 24.10.060(a), the executive director shall                                                 
08 promptly and confidentially review a withheld authorization of a proposed hire of a                                     
09 house or senate employee and deliver a written determination either to the chief clerk                                  
10 of the house of representatives or the senate secretary, as appropriate, for a finding that                             
11 the withheld authorization is not justified, and therefore the hiring must be authorized,                               
12 or to the chair of the legislative council for review by the legislative council under                                  
13       AS 24.20.060(10). A determination under this subsection may be based only on                                      
14                 (1)  applicable law, including AS 24.60 (Legislative Ethics Act); and                                   
15 (2)  the prospective employee's past record of compliance with criminal                                                 
16       and ethics laws in this or another jurisdiction.                                                                  
17    * Sec. 3. AS 24.20.060 is amended to read:                                                                         
18            Sec. 24.20.060. Powers. The legislative council has the power                                              
19                 (1)  to organize and adopt rules for the conduct of its business;                                       
20 (2)  to hold public hearings, administer oaths, issue subpoenas, compel                                                 
21 the attendance of witnesses and production of papers, books, accounts, documents, and                                   
22 testimony, and to have the deposition of witnesses taken in a manner prescribed by                                      
23 court rule or law for taking depositions in civil actions when consistent with the                                      
24       powers and duties assigned to the council by AS 24.20.010 - 24.20.140;                                            
25 (3)  to call on [UPON] all state officials, agencies, and institutions to                                           
26 give full cooperation to the council and its executive director by collecting and                                       
27       furnishing information, conducting studies, and making recommendations;                                           
28 (4)  in addition to providing the administrative services required for the                                              
29       operation of the legislative branch,                                                                              
30 (A)  to provide the technical staff assistance in research,                                                             
31 reporting, drafting, and counseling requested by standing, interim, and special                                         

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

01 (9)  to establish reasonable fees for services and materials provided by                                                
02 the Legislative Affairs Agency to entities outside of the legislative branch of state                                   
03 government and charges for collecting the fees; all fees and charges collected under                                    
04       this paragraph shall be deposited into the general fund; and                                                  
05 (10)  to review a determination by the executive director under                                                     
06 AS 24.20.050(b) finding that a withheld authorization for a proposed hire                                           
07 requested by a legislator under AS 24.10.060 is justified, and to issue and deliver                                 
08 to the chief clerk or the senate secretary, as appropriate, a written determination                                 
09 either agreeing with the finding and approving the withheld authorization, or                                       
10       finding that the withheld authorization is not justified and approving the                                    
11       proposed hire.