HB 42: "An Act relating to the elimination or modification of state agency publications that are outdated, duplicative, or excessive."
00 HOUSE BILL NO. 42 01 "An Act relating to the elimination or modification of state agency publications that are 02 outdated, duplicative, or excessive." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.05.050(b) is amended to read: 05 (b) The commissioner shall annually submit a report to the 06 [(1)] Board of Game regarding the department's implementation during 07 the preceding three years of intensive management programs that have been 08 established by the board under AS 16.05.255 for identified big game prey populations 09 [; 10 (2) LEGISLATURE REGARDING THE BOARD OF GAME'S 11 ALLOCATION OF BIG GAME HUNTING OPPORTUNITIES IN THE 12 PRECEDING CALENDAR YEAR; THE COMMISSIONER SHALL FILE THE 13 REPORT WITH THE SENATE SECRETARY AND THE CHIEF CLERK OF THE 14 HOUSE OF REPRESENTATIVES ON OR BEFORE FEBRUARY 1 AND NOTIFY
01 THE LEGISLATURE THAT THE REPORT IS AVAILABLE; THE REPORT 02 MUST INCLUDE 03 (A) A SUMMARY DESCRIPTION OF THE BIG GAME 04 HUNTING OPPORTUNITIES PROVIDED TO RESIDENTS AND 05 NONRESIDENTS; 06 (B) A DETAILED DESCRIPTION OF HOW BIG GAME 07 HUNTING OPPORTUNITIES FOR EACH BIG GAME SPECIES WERE 08 ALLOCATED 09 (i) TO RESIDENTS, GUIDED NONRESIDENTS, 10 NONPROFIT ORGANIZATIONS FOR AUCTION UNDER 11 AS 16.05.343(a) AND (c), AND, IF APPLICABLE, NONGUIDED 12 NONRESIDENTS; 13 (ii) BY HUNT TYPE; 14 (iii) WITHIN EACH GAME MANAGEMENT UNIT; 15 AND 16 (C) OTHER INFORMATION AND DATA RELEVANT TO 17 ALLOCATION OF BIG GAME HUNTING OPPORTUNITIES IN THE 18 STATE BY THE BOARD OF GAME]. 19 * Sec. 2. AS 16.05.130(b) is amended to read: 20 (b) Money accruing to the state from waterfowl conservation tag fees from 21 hunters may not be diverted to a purpose other than (1) the conservation and 22 enhancement of waterfowl; (2) the acquisition, by lease or otherwise, of wetlands that 23 are important for waterfowl and public use of waterfowl in the state; (3) waterfowl 24 related projects approved by the commissioner; (4) the administration of the waterfowl 25 conservation program; and (5) emergencies in the state as determined by the governor. 26 The department shall maintain a state waterfowl tag fee account within the fish and 27 game fund to permit separate accounting records for the receipt and expenditure of 28 money derived from the sale of waterfowl tags. [THE DEPARTMENT SHALL 29 PREPARE A REPORT BEFORE APRIL 15 OF EACH EVEN-NUMBERED YEAR 30 FOR THE PUBLIC AND THE LEGISLATURE ON THE USE OF MONEY 31 DERIVED FROM WATERFOWL CONSERVATION TAGS AND LIMITED
01 EDITION PRINTS. THE DEPARTMENT SHALL NOTIFY THE LEGISLATURE 02 THAT THE REPORT IS AVAILABLE.] 03 * Sec. 3. AS 18.65.086(b) is amended to read: 04 (b) The commissioner of public safety shall prepare, in odd-numbered years, a 05 report concerning the activities of the special unit on repeated child sexual abuse and 06 the criminal exploitation of children. The commissioner shall notify the legislature by 07 the first day of each regular session in an odd-numbered year that the report is 08 available. The report must include, but is not limited to, the number of arrests made in 09 cases of repeated child sexual abuse and the criminal exploitation of children [, THE 10 NUMBER OF INVESTIGATIONS THAT RESULT IN THE DEPARTMENT OF 11 FAMILY AND COMMUNITY SERVICES TAKING TEMPORARY OR 12 PERMANENT CUSTODY OF THE CHILD, THE SENTENCES RECEIVED BY 13 PERSONS CONVICTED IN THE STATE OF CHILD SEXUAL ABUSE OR 14 CRIMINAL EXPLOITATION OF A CHILD,] and an overall view of the problems of 15 child sexual abuse and the criminal exploitation of children in the state. 16 * Sec. 4. AS 28.05.031 is amended to read: 17 Sec. 28.05.031. Department of Administration [PUBLIC SAFETY] to 18 publish statutes and regulations relating to vehicles, vehicle use, and pedestrians. 19 (a) The Department of Administration [PUBLIC SAFETY] shall publish current state 20 statutes and regulations relating to vehicles and their driving or movement, to drivers 21 of vehicles, and to pedestrians. The cost of publication shall be jointly shared by that 22 department and other state agencies that administer statutes and regulations included 23 in the publication prescribed under this section. 24 (b) The [A SINGLE COPY OF A FACSIMILE OF THE] publication 25 prescribed in (a) of this section shall be available to the public without charge at all 26 offices of the Department of Administration that administer the statutes in this title 27 [AND AT ALL OFFICES OF THE DEPARTMENT OF PUBLIC SAFETY]. 28 However, a municipality may request and receive without charge a reasonable number 29 of copies of the publication. 30 * Sec. 5. AS 33.30.017(b) is amended to read: 31 (b) The commissioner shall
01 (1) charge each prisoner who possesses at least one major electrical 02 appliance the utility fee established in (a) of this section; the commissioner may 03 deduct the utility fee monthly from the account established for a prisoner into which 04 money due the prisoner for labor is paid; if a prisoner is indigent, the commissioner 05 shall make the deduction from any amount credited to the indigent inmate's account; 06 (2) if available from legislative appropriation, expend money deducted 07 and collected under (1) of this subsection to offset the cost of the department's utility 08 expenses [; THE COMMISSIONER SHALL ANNUALLY REPORT ON THE 09 AMOUNTS THAT ARE COLLECTED AND EXPENDED UNDER THIS 10 PARAGRAPH]. 11 * Sec. 6. AS 37.07.020(f) is amended to read: 12 (f) In addition to the budget, bills, and fiscal plan submitted under (a) and (b) 13 of this section, [IN EVERY EVEN-NUMBERED YEAR,] the governor shall submit a 14 bill to eliminate or modify the publication requirements [FOR PUBLICATIONS 15 THAT HAVE BEEN] identified under AS 44.99.220 16 [(1) AS OUTDATED, DUPLICATIVE, OR EXCESSIVE, OR THAT 17 COULD BE IMPROVED OR CONSOLIDATED WITH OTHER PUBLICATIONS; 18 OR 19 (2) THAT COULD BE EXCLUSIVELY DELIVERED 20 ELECTRONICALLY]. 21 * Sec. 7. AS 37.07.040 is amended to read: 22 Sec. 37.07.040. Office of management and budget. The Alaska office of 23 management and budget shall 24 (1) assist the governor in meeting the requirements of AS 37.07.020, 25 including the coordination and analysis of state agency goals and objectives, plans, 26 and budget requests; 27 (2) prepare for submission to the governor an annually updated six- 28 year capital improvements program and the proposed capital improvements budget for 29 the coming fiscal year, the latter to include individual project justification with 30 documentation of estimated project cost; 31 (3) develop procedures to produce the information needed for effective
01 policy decision making, including procedures to provide for the dissemination of 02 information about plans, programs, and budget requests to be included in the annual 03 budget and opportunity for public review and comment during the period of budget 04 preparation; 05 (4) assist state agencies in their statement of goals and objectives to 06 achieve, among other things, the legislature's mission and desired results, preparation 07 of plans, assessments of the extent to which missions and desired results have been 08 achieved, budget requests, and reporting of program performance; all documents 09 forwarded by the office to a state agency containing instructions for the preparation of 10 program plans and budget requests and the reporting of program performance are 11 public information after the date they are forwarded; 12 (5) administer its responsibilities under the program execution 13 provisions of this chapter so that the policy decisions and budget determinations of the 14 governor and the legislature are implemented; 15 (6) provide the legislative finance division with the budget information 16 it may request; 17 (7) provide the legislative finance division with an advance copy of the 18 governor's budget workbooks at least seven days before the legislature convenes in a 19 regular session; 20 (8) prepare the proposed capital improvements budget for the coming 21 fiscal year evaluating both state and local requests from the standpoint of need, equity, 22 and priorities of the jurisdiction; other factors such as project amounts, population, 23 local financial match, federal funds being used for local match, municipality or 24 unincorporated community acceptance of the facility, and all associated costs of the 25 facility may be considered; 26 (9) for each department in the executive branch, report to the 27 legislature by the 45th day of each regular session the amount of money appropriated 28 to the department that has been expended in the first half of the current fiscal year 29 along with a projection of expenditures for the remainder of the current fiscal 30 year, including any amount that is expected to lapse into the general fund at the end 31 of the current fiscal year;
01 (10) establish and administer a state agency program performance 02 management system involving planning, performance budgeting, performance 03 measurement, and program evaluation; the office shall ensure that information 04 generated under this system is useful for managing and improving the efficiency and 05 effectiveness of agency operations; 06 (11) by January 15, list each lease-purchase agreement entered into by 07 an agency during the immediately preceding fiscal year for the acquisition of 08 equipment or other personal property, together with a description of the property 09 acquired and financial details, including the purchase price, the term for payments, the 10 amount of each payment, and the amount of interest or financing charges paid; 11 (12) work with state agencies to develop a standardized methodology 12 to collect and store energy consumption and expense data. 13 * Sec. 8. AS 37.07.060(b) is amended to read: 14 (b) The governor shall present the proposed comprehensive operating and 15 capital improvements programs, and fiscal plan if it is required under 16 AS 37.07.020(b), in an electronic format to [A MESSAGE TO A JOINT SESSION 17 OF] the legislature before the fourth legislative day following the convening of the 18 legislature in regular session. The submission [MESSAGE] must be accompanied by 19 an explanatory report that summarizes recommended goals, plans, and appropriations. 20 The report must contain 21 (1) the coordinated program goals and objectives that the governor 22 recommends to guide the decisions on the proposed program plans and budget 23 appropriations; 24 (2) the governor's operating program and budget recommendations for 25 the succeeding fiscal year organized by agency as required by AS 37.07.020(a); 26 (3) the governor's capital improvements program and budget 27 recommendations for the succeeding fiscal year and capital improvements program for 28 the succeeding six fiscal years, which must include 29 (A) a description of each project, its estimated cost for the year 30 construction is to start and the estimated cost of the project adjusted for 31 inflation over the estimated period of construction, and the source of financing
01 for the project; the project description for a new building or a new facility or 02 for a major addition to a building or facility should include a site plan, 03 preliminary drawings, and architect's or engineer's total cost estimate for the 04 project; 05 (B) a summary of projects previously authorized and not yet 06 completed; 07 (C) a summary, listed by agency, of all previously proposed 08 projects that have been deferred beyond the six years covered by the plan and 09 the year in which construction has been rescheduled to begin; 10 (D) a forecast of the debt structure of the state and the various 11 debt ratios over the life of the state's bonds outstanding, bonds authorized and 12 to be issued, and bond authorizations recommended in the plan; 13 (E) a description of additional revenue measures needed to 14 finance the plan in lieu of debt; 15 (F) bond election bills to authorize the bonds required to fund 16 the projects scheduled for the first three years of the plan; 17 (G) projections of population of the state and its regions and 18 communities; 19 (H) economic data and projections necessary for the evaluation 20 of the plan; 21 (4) a summary of state receipts in the last fiscal year, a revised estimate 22 for the current fiscal year, and an estimate for the succeeding fiscal year; 23 (5) a summary of expenditures during the last fiscal year, those 24 authorized for the current fiscal year, and an estimate for the succeeding fiscal year; 25 (6) any additional information that will facilitate understanding of the 26 governor's proposed programs and financial plans by the legislature and the public. 27 * Sec. 9. AS 37.13.170 is amended to read: 28 Sec. 37.13.170. Reports and publications. By September 30 of each year, the 29 board shall publish a report of the fund for distribution to the governor and the public. 30 The board shall notify the legislature that the report is available. The report shall be 31 written in easily understandable language. The report must include financial
01 statements audited by independent outside auditors, a statement of the amount of 02 money received by the fund from each investment during the period covered, a 03 statement of investments of the fund including an appraisal at market value, a 04 description of fund investment activity during the period covered by the report, a 05 comparison of the fund performance with the intended goals contained in 06 AS 37.13.020, an examination of the effect of the investment criteria of this chapter on 07 the fund portfolio with recommendations of any needed changes, and any other 08 information the board believes would be of interest to the governor, the legislature, 09 and the public. The annual income statement and balance sheet of the fund shall be 10 made available to the public and published on the corporation's Internet website 11 [PUBLISHED IN AT LEAST ONE NEWSPAPER IN EACH JUDICIAL 12 DISTRICT]. The income statement and balance sheet for the two fiscal years 13 preceding the publication of the election pamphlet under AS 15.58 shall be included in 14 that pamphlet. 15 * Sec. 10. AS 42.08.390 is amended to read: 16 Sec. 42.08.390. Effect of chapter on taxes and royalties. Nothing in this 17 chapter shall alter the calculation of a production tax under AS 43.55.011 - 43.55.170 18 [AS 43.55.011 - 43.55.180] or the calculation of a royalty due for a lease issued under 19 AS 38.05.180. 20 * Sec. 11. AS 43.55.014(e) is amended to read: 21 (e) This section does not apply to gas that, under AS 43.55.020(e), is 22 considered as gas produced from a lease or property for the purpose of AS 43.55.011 - 23 43.55.170 [AS 43.55.011 - 43.55.180]. 24 * Sec. 12. AS 43.55.020(e) is amended to read: 25 (e) Gas flared, released, or allowed to escape in excess of the amount 26 authorized by the Alaska Oil and Gas Conservation Commission is considered, for the 27 purpose of AS 43.55.011 - 43.55.170 [AS 43.55.011 - 43.55.180], as gas produced 28 from a lease or property. Oil or gas used in the operation of a lease or property in the 29 state in drilling for or producing oil or gas, or for repressuring, except to the extent 30 determined by the Alaska Oil and Gas Conservation Commission to be waste, is not 31 considered, for the purpose of AS 43.55.011 - 43.55.170 [AS 43.55.011 - 43.55.180],
01 as oil or gas produced from a lease or property. 02 * Sec. 13. AS 43.55.020(j) is amended to read: 03 (j) Cushion gas in a gas storage facility is not considered to be gas used in the 04 operation of a lease or property or gas used for repressuring as described in (e) of this 05 section. Gas withdrawn from a gas storage facility regulated under AS 42.05 is 06 considered to be non-native gas until all non-native gas injected into the gas storage 07 facility has been withdrawn from the gas storage facility. Non-native gas withdrawn 08 from a gas storage facility is not considered to be gas produced for the purposes of 09 AS 43.55.011 - 43.55.170 [AS 43.55.011 - 43.55.180]. Gas withdrawn from a gas 10 storage facility after all non-native gas previously injected into the gas storage facility 11 has been withdrawn is gas considered to be produced from the lease or property for the 12 purposes of AS 43.55.011 - 43.55.170 [AS 43.55.011 - 43.55.180]. In this subsection, 13 "native gas" and "non-native gas" have the meanings given in AS 31.05.032. 14 * Sec. 14. AS 43.55.023(g) is amended to read: 15 (g) The issuance of a transferable tax credit certificate under (d) of this section 16 or former (m) of this section or the purchase of a certificate under AS 43.55.028 does 17 not limit the department's ability to later audit a tax credit claim to which the 18 certificate relates or to adjust the claim if the department determines, as a result of the 19 audit, that the applicant was not entitled to the amount of the credit for which the 20 certificate was issued. The tax liability of the applicant under AS 43.55.011(e) and 21 43.55.017 - 43.55.170 [43.55.017 - 43.55.180] is increased by the amount of the credit 22 that exceeds that to which the applicant was entitled, or the applicant's available valid 23 outstanding credits applicable against the tax levied by AS 43.55.011(e) are reduced 24 by that amount. If the applicant's tax liability is increased under this subsection, the 25 increase bears interest under AS 43.05.225 from the date the transferable tax credit 26 certificate was issued. For purposes of this subsection, an applicant that is an explorer 27 is considered a producer subject to the tax levied by AS 43.55.011(e). 28 * Sec. 15. AS 43.55.080 is amended to read: 29 Sec. 43.55.080. Collection and deposit of revenue. Except as otherwise 30 provided under art. IX, sec. 17, Constitution of the State of Alaska, the department 31 shall deposit in the general fund the money collected by it under AS 43.55.011 -
01 43.55.170 [AS 43.55.011 - 43.55.180]. 02 * Sec. 16. AS 43.55.135 is amended to read: 03 Sec. 43.55.135. Measurement. For the purposes of AS 43.55.011 - 43.55.170 04 [AS 43.55.011 - 43.55.180], except as otherwise provided, oil is measured in terms of 05 a "barrel of oil" and gas is measured in terms of a "cubic foot of gas." 06 * Sec. 17. AS 43.55.150(a) is amended to read: 07 (a) For the purposes of AS 43.55.011 - 43.55.170 [AS 43.55.011 - 43.55.180], 08 the gross value at the point of production is calculated using the actual costs of 09 transportation of the oil or gas, except when the 10 (1) shipper of oil or gas is affiliated with the transportation carrier or 11 with a person that owns an interest in the transportation facility; 12 (2) contract for the transportation of oil or gas is not an arm's length 13 transaction; or 14 (3) method or terms of transportation of oil or gas are not reasonable in 15 view of existing alternative transportation options. 16 * Sec. 18. AS 43.55.201(c) is amended to read: 17 (c) A producer of oil shall make a report of production on March 31 of the 18 year following the calendar year of production and in the same manner and under the 19 same penalties as required under AS 43.55.011 - 43.55.170 [AS 43.55.011 - 20 43.55.180]. 21 * Sec. 19. AS 43.55.300(c) is amended to read: 22 (c) A producer of oil shall make a report of production on March 31 of the 23 year following the calendar year of production and in the same manner and under the 24 same penalties as required under AS 43.55.011 - 43.55.170 [AS 43.55.011 - 25 43.55.180]. 26 * Sec. 20. AS 47.14.112(a) is amended to read: 27 (a) The department shall implement workload standards and a training 28 program for employees who supervise the care of children committed to the 29 supervision or custody of the department under AS 47.10, work with families to 30 prevent the removal of a child from the child's home under AS 47.10, or investigate 31 reports of harm under AS 47.17. The department shall prepare a staffing report
01 [UNDER (b) OF THIS SECTION] if the department is unable 02 (1) to employ the number of qualified employees necessary to ensure 03 that 04 (A) the department reasonably and safely minimizes the time a 05 child is not in a permanent living arrangement or under a permanent 06 guardianship; 07 (B) a child is not removed from the child's home when it is 08 possible and in the child's best interest for the department to work with the 09 child's family to prevent the removal of the child from the child's home; 10 (C) each child is placed in a permanent home not more than 24 11 months after the date the child is first removed from the child's home; 12 (2) to meet best practices standards set by the department requiring the 13 employment of mentors for employees who supervise the care of children committed 14 to the supervision or custody of the department under AS 47.10, work with families to 15 prevent the removal of a child from the child's home under AS 47.10, or investigate 16 reports of harm under AS 47.17; 17 (3) for a new employee who supervises the care of a child committed 18 to the supervision or custody of the department under AS 47.10, works with families 19 to prevent the removal of a child from the child's home under AS 47.10, or 20 investigates reports of harm under AS 47.17, to 21 (A) provide a minimum of six weeks of training unless the 22 department finds that the new employee has sufficient experience to justify a 23 shorter training period; 24 (B) limit the employee's workload as follows: 25 (i) before the beginning of an employee's fourth month 26 of work with the department, the employee may supervise not more 27 than six families; 28 (ii) after the beginning of the employee's fourth month 29 of work but before the end of the employee's sixth month of work with 30 the department, the employee may supervise not more than 12 families; 31 (iii) when an employee supervises families in a region
01 where travel distances negatively affect the employee's ability to 02 supervise families and the employee has worked for the department for 03 less than 12 months, the employee may not supervise the maximum 04 number of families provided under (i) and (ii) of this subparagraph; and 05 (4) for an employee, other than a new employee, who supervises the 06 care of children committed to the supervision or custody of the department under 07 AS 47.10, works with families to prevent the removal of a child from the child's home 08 under AS 47.10, or investigates reports of harm under AS 47.17, to ensure that the 09 average statewide caseload is not more than 13 families for each worker. 10 * Sec. 21. AS 47.14.112(d) is amended to read: 11 (d) The division of the department with responsibility over the custody of 12 children shall prepare and make available to the legislature an annual report on 13 employee recruitment and retention, including a five-year plan, for the division. Not 14 later than November 15 of each year, the department shall deliver the report to the 15 senate secretary and the chief clerk of the house of representatives and notify the 16 legislature that the report is available. The report [PREPARED UNDER THIS 17 SUBSECTION IS SEPARATE FROM THE ANNUAL REPORT TO THE 18 LEGISLATURE REQUIRED UNDER AS 18.05.020 AND] must include, for the 19 previous 12 months, 20 (1) the number of frontline social workers employed by the division, 21 the annual average turnover rate of the workers, and the average caseload of the 22 workers on January 1 and July 1 of that year; 23 (2) the number of children removed from their homes; 24 (3) the achievement of success measured by the following: 25 (A) rate of family reunification; 26 (B) average length of time children spent in custody of the 27 department; 28 (C) rate of placement with an adult family member or family 29 friend; 30 (D) number of children placed in a permanent living 31 arrangement with a guardian or biological or adoptive parent;
01 (E) number of children released from the custody of the 02 department; 03 (4) if the department has met or exceeded the caseload standards under 04 this chapter and, if the standards were exceeded, the number of caseworker positions 05 in the division that could be eliminated and the amount of funding that could be 06 reduced while continuing to meet but not routinely exceed the caseload standards; 07 (5) the performance of the department on federal benchmarks focused 08 on the safety, well-being, and permanent placements of foster children compared with 09 the previous five years. 10 * Sec. 22. AS 03.22.060; AS 03.40.090; AS 05.15.090; AS 18.05.020; AS 18.09.070(c); 11 AS 18.15.393; AS 18.29.105(e); AS 18.65.340(c); AS 19.75.111(b)(1); AS 33.30.011(a)(12); 12 AS 33.36.135; AS 37.05.035; AS 37.07.040(11), 37.07.080(f); AS 37.10.088(c); 13 AS 37.14.230(a)(8); AS 37.15.170(c); AS 38.04.205; AS 39.30.440; AS 41.37.220(f); 14 AS 43.05.085; AS 43.55.180; AS 43.90.400(d); AS 44.19.145(a)(2); AS 44.37.027(e); 15 AS 44.42.085; AS 46.15.020(b)(5); AS 47.05.270(d); AS 47.07.039(f), 47.07.075(b)(3); 16 AS 47.14.112(b); AS 47.20.350; AS 47.37.040(17); and AS 47.38.100(c) are repealed 17 * Sec. 23. Section 6, ch. 95, SLA 2005, and sec. 11, ch. 5, SLA 2018, are repealed.