00 HOUSE BILL NO. 513                                                                                                      
01 "An Act abolishing the Department of Administration; relating to the duties of                                          
02 the Department of Administration; relating to additional legislation to carry out                                       
03 the purposes of this Act; and providing for an effective date."                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  LEGISLATIVE FINDINGS AND PURPOSE.  The legislature finds that it                                       
06 would be in the public interest if some duties of the Department of Administration were                                 
07 performed by other state agencies, some duties of the department were contracted out to                                 
08 private persons, and some functions performed by or under the department were eliminated.                               
09 The purpose of this bill is to initiate the process of implementing these findings by abolishing                        
10 the Department of Administration, by amending some of the statutes that would be affected                               
11 by the implementation of these findings, and by directing the division of legal and research                            
12 services of the Legislative Affairs Agency, with the assistance of appropriate state agencies,                          
13 to draft a bill for introduction during the First Session of the Twentieth Alaska State                                 
14 Legislature that would, if enacted, make all of the statutory changes that are necessary to                             
01 complete implementation of these findings.                                                                              
02    * Sec. 2.  AS 15.13.020(a) is amended to read:                                                                       
03  (a)  There is created in the Department of Law [ADMINISTRATION] the                                                 
04 Alaska Public Offices Commission consisting of five members.  The governor shall                                        
05 appoint all members of the commission in the manner prescribed in (b) and (c) of this                                   
06 section, subject to confirmation by a majority of the legislature meeting in joint                                      
07 session.                                                                                                                
08    * Sec. 3.  AS 18.85.010 is amended to read:                                                                          
09  Sec. 18.85.010.  PUBLIC DEFENDER AGENCY ESTABLISHED.  There is                                                        
10 created in the Department of Health and Social Services [ADMINISTRATION] a                                            
11 Public Defender Agency to serve the needs of indigent defendants.                                                       
12    * Sec. 4.  AS 31.05.026(d) is amended to read:                                                                       
13  (d)  For budget and audit procedures and considerations, the commission shall                                         
14 have the same standing as any other major state agency.  For circumstances where                                       
15 specification of a department may be necessary, the commission shall be                                                 
16 considered to be in the Department of Commerce and Economic Development, but                                            
17 this designation may not be construed to have any substantive effect on the                                             
18 commission or its duties.  Whenever practicable, the commission may enter into state                                 
19 interagency agreements concerning administrative, employee relations, and fiscal                                        
20 duties.                                                                                                                 
21    * Sec. 5.  AS 36.30.005 is amended to read:                                                                          
22  Sec. 36.30.005.  [CENTRALIZATION OF] PROCUREMENT AUTHORITY.                                                           
23 (a) Except as otherwise provided, all rights, powers, duties, and authority relating to                                 
24 the procurement of supplies, services, and professional services, and the control over                                  
25 supplies, services, and professional services vested in or exercised by an agency on                                    
26 January 1, 1988, are transferred to the commissioner of revenue.  The commissioner                                     
27 of revenue shall enter into contracts with private persons to procure and exercise                                      
28 control over supplies, services, and professional services governed by this                                             
29 subsection [ADMINISTRATION AND TO THE CHIEF PROCUREMENT                                                                
30 OFFICER].  Authority granted by contract under this subsection shall be exercised                                     
31 in accordance with this chapter.                                                                                        
01  (b)  Except as otherwise provided, all rights, powers, duties, and authority                                          
02 relating to the procurement of construction and procurements of equipment or services                                   
03 for the state equipment fleet and the control over construction of state facilities and the                             
04 state equipment fleet vested in or exercised by an agency on January 1, 1988, are                                       
05 transferred to the commissioner of transportation and public facilities, subject to                                     
06 regulations adopted by the commissioner of revenue [ADMINISTRATION].                                                  
07 Notwithstanding AS 44.68.110, authority relating to disposals from the state equipment                                  
08 fleet is vested in the commissioner of transportation and public facilities, subject to                                 
09 regulations adopted by the commissioner of revenue [ADMINISTRATION].                                                  
10 Authority granted under this subsection shall be exercised in accordance with this                                      
11 chapter.                                                                                                                
12  (c)  Notwithstanding other provisions of law, all rights, powers, duties, and                                         
13 authority relating to the procurement of supplies, services, professional services, and                                 
14 construction and the disposal of supplies for the University of Alaska are transferred                                  
15 to the Board of Regents.  To the maximum extent possible, authority granted under                                       
16 this subsection shall be exercised in accordance with this chapter.  The Board of                                       
17 Regents shall adopt regulations under this subsection that are substantially equivalent                                 
18 to the regulations adopted by the commissioner of revenue [ADMINISTRATION] to                                         
19 implement this chapter.  For the purposes of this subsection, unless the context                                        
20 otherwise requires, in this chapter                                                                                     
21   (1)  "agency" means a subunit of the University of Alaska;                                                           
22   (2)  "attorney general" means the president of the University of Alaska;                                             
23   (3)  "chief procurement officer" means a person designated by the                                                    
24 president of the University of Alaska whose qualifications are substantially equivalent                                 
25 to those provided in AS 36.30.010(a);                                                                                   
26   (4)  "commissioner," "commissioner of revenue [ADMINISTRATION],"                                                   
27 or "commissioner of transportation and public facilities" means the Board of Regents                                    
28 or the president of the University of Alaska if so designated by the Board of Regents                                   
29 by regulations adopted under this subsection; and                                                                       
30   (5)  "department" means the University of Alaska.                                                                    
31    * Sec. 6.  AS 36.30.015(b) is amended to read:                                                                       
01  (b)  The commissioner of revenue [ADMINISTRATION] may delegate to an                                                
02 agency the authority to contract for [AND MANAGE] services, professional services,                                      
03 and supplies.  Notwithstanding delegation of authority under this subsection, an                                        
04 agency's exercise of the authority is governed by this chapter and regulations adopted                                  
05 by the commissioner under this chapter.  Before delegating authority to an agency                                       
06 under this subsection, the commissioner shall make a written determination that the                                     
07 agency is capable of implementing the delegated authority.                                                              
08    * Sec. 7.  AS 36.30.990(9) is amended to read:                                                                       
09   (9)  "department" means the Department of Revenue                                                                  
10 [ADMINISTRATION];                                                                                                       
11    * Sec. 8.  AS 37.05.130 is amended to read:                                                                          
12  Sec. 37.05.130.  GENERAL POWERS.  The Department of Revenue                                                         
13 [ADMINISTRATION] is responsible for all accounts and purchases.  The department                                        
14 shall contract with a private person to perform its duties relating to purchases.                                      
15    * Sec. 9.  AS 39.25.030 is amended to read:                                                                          
16  Sec. 39.25.030.  DIVISION OF PERSONNEL AND BOARD.  There is                                                           
17 established within the Department of Revenue [ADMINISTRATION] a division of                                           
18 personnel.  There is established within the division of personnel a personnel board.                                    
19    * Sec. 10.  AS 39.25.040 is amended to read:                                                                         
20  Sec. 39.25.040.  DIRECTOR OF PERSONNEL.  The head of the division of                                                  
21 personnel is the director of personnel appointed by the commissioner of revenue                                       
22 [ADMINISTRATION] and responsible to the commissioner of revenue                                                       
23 [ADMINISTRATION] for the execution of the duties and responsibilities imposed by                                        
24 this chapter and the rules adopted under this chapter.  The director of personnel shall                                 
25 have at least three years of practical working experience in the field of personnel                                     
26 administration.                                                                                                         
27    * Sec. 11.  AS 39.25.150 is amended to read:                                                                         
28  Sec. 39.25.150.  SCOPE OF THE RULES.  The personnel rules must provide                                                
29 for                                                                                                                     
30   (1)  the preparation, maintenance, and revision by the director of                                                   
31 personnel, subject to approval of the commissioner of revenue [ADMINISTRATION]                                        
01 and the personnel board, of a position classification plan for all positions in the                                     
02 classified and partially exempt services; the position classification plan must [SHALL]                               
03 include                                                                                                                 
04   (A)  a grouping together of all positions into classes on the basis                                                 
05 of duties and responsibilities;                                                                                         
06   (B)  an appropriate title, a description of the duties and                                                          
07 responsibilities, training and experience qualifications, and other necessary                                           
08 specifications for each class of positions;                                                                             
09   (2)  the preparation, maintenance, revision and administration by the                                                
10 director of personnel of a pay plan for all positions in the classified and partially                                   
11 exempt services; the pay plan (A) shall be based upon the position classification plan;                                 
12 (B) shall provide for fair and reasonable compensation for services rendered, and                                       
13 reflect the principle of like pay for like work; (C) may be amended, approved, or                                       
14 disapproved by the legislature in regular or special session; after the pay plan is in                                  
15 effect, a salary or wage payment may not be made to a state employee covered by the                                     
16 plan unless the payment is in accordance with this chapter and the rules adopted under                                  
17 this chapter or unless the payment is in accordance with a valid agreement entered into                                 
18 in accordance with AS 23.40;                                                                                            
19   (3)  standards that will govern state agencies when they determine                                                  
20 and implement their [THE USE OF] employee selection methods; the standards                                            
21 must provide that the employee selection methods of state agencies, including open                                     
22 competitive examinations, when appropriate, [THAT] will fairly test the capacity and                                    
23 fitness of the person examined to discharge the duties of the class in which                                            
24 employment is sought;                                                                                                   
25   (4)  standards that will govern state agencies in their [THE]                                                      
26 establishment and maintenance of eligible lists for appointment and promotion                                           
27 [PROVIDING THE NAMES OF ELIGIBLE CANDIDATES IN ORDER OF THEIR                                                           
28 RELATIVE PERFORMANCE IN THE EXAMINATIONS];                                                                              
29   (5)  standards for the procedure that will be used by state agencies                                             
30 for certifying eligible candidates to an appointing authority; the rule adopted under                                 
31 this paragraph may include standards for procedures providing a preference for                                        
01 certifying local residents when appropriate;                                                                            
02   (6)  promotions from within the state service when there are qualified                                               
03 candidates in the state service; vacancies shall be filled by promotion whenever                                        
04 practicable and in the best interest of the state service and promotion shall be by                                     
05 competitive examination whenever possible; in considering promotions, the applicants'                                   
06 qualifications, performance records, seniority, and conduct shall be evaluated;                                         
07   (7)  a period of probation not to exceed one year before an appointment                                              
08 to a position becomes permanent, except that a permanent employee receiving a                                           
09 promotional appointment retains permanent status in the service and job class from                                      
10 which appointed for the duration of the probationary period and may be demoted to                                       
11 a former class without right of appeal, notwithstanding AS 39.25.170, but if the                                        
12 employee is dismissed from the service the appeal rights under AS 39.25.170 apply;                                      
13   (8)  nonpermanent and emergency appointments to positions in the state                                               
14 service in accordance with AS 39.25.195 - 39.25.200;                                                                    
15   (9)  provisional appointment without competitive examination when                                                    
16 appropriate eligible lists are not available;                                                                           
17   (10)  transfers from one department to another and from another merit                                                
18 system jurisdiction to the state service;                                                                               
19   (11)  transfers from one area of the state to another;                                                               
20   (12)  the reinstatement of a person who resigns in good standing;                                                    
21   (13)  layoffs for reason of lack of money or work, abolition of positions,                                           
22 or material changes in duties or organization; both performance and seniority records                                   
23 shall be considered in the development of layoff orders;                                                                
24   (14)  the development, maintenance, and use of employee performance                                                  
25 records;                                                                                                                
26   (15)  the establishment of disciplinary measures which may include                                                   
27 disciplinary suspension without pay;                                                                                    
28   (16)  the procedures for review of disputed personnel actions, for                                                   
29 resolving employee and interagency grievances, and for resolving grievances of the                                      
30 general public concerning the operation of the state personnel system;                                                  
31   (17)  hours of work for all employees in the state service;                                                          
01   (18)  methods and procedures covering overtime work and pay;                                                         
02   (19)  the granting of employment preference rights, not within the area                                              
03 of promotion, to a veteran or prisoner of war under AS 39.25.159;                                                       
04   (20)  the employment of persons in permanent positions on a part-time                                                
05 basis of 15 hours or more a week, including the employment of two persons to fill one                                   
06 permanent full-time position; these employees shall be designated as permanent part-                                    
07 time employees;                                                                                                         
08   (21)  the granting of employment preference to severely handicapped                                                  
09 persons; this includes the right to provisional appointment without competitive                                         
10 examination for periods up to four months and the granting of eligibility to a severely                                 
11 handicapped person provisionally appointed under the rules who demonstrates ability                                     
12 to perform the job for permanent appointment without competitive examination;                                           
13 provisional employment under this paragraph may not exceed four months during a 12-                                     
14 month period; "severely handicapped" as used in this paragraph means persons certified by                               
15 the director of the division of vocational rehabilitation to be severely handicapped;                                   
16   (22)  the establishment of programs facilitating the employment of                                                   
17 disadvantaged persons;                                                                                                  
18   (23)  the performance of employee selection, certification, training,                                               
19 and promotion and the maintenance of eligible lists by each state agency for its                                        
20 own positions according to the standards set in the rules and the delegation, when                                     
21 feasible, of other personnel responsibilities and duties to the principal departments of                              
22 the executive branch;                                                                                                   
23   (24)  the establishment of a transition period of up to 12 months for an                                             
24 employee to be reappointed to a classified position if the employee's position is                                       
25 withdrawn from the partially exempt or exempt service and placed in the classified                                      
26 service;                                                                                                                
27   (25)  other rules and administrative regulations, not inconsistent with                                              
28 this chapter, that are necessary for its enforcement.                                                                   
29    * Sec. 12.  AS 39.25.153(a) is amended to read:                                                                      
30  (a)  Each [IF A] principal department of the executive branch shall have                                          
31 [HAS] a personnel officer [, THE PERSONNEL OFFICER SHALL BE] employed by                                                
01 and located within that department.                                                                                     
02    * Sec. 13.  AS 39.25.153(b) is amended to read:                                                                      
03  (b)  Subject to the provisions of (d) of this section, the personnel officers for                                    
04 each department [THE DEPARTMENTS OF TRANSPORTATION AND PUBLIC                                                          
05 FACILITIES, FISH AND GAME, EDUCATION, LABOR, AND HEALTH AND                                                             
06 SOCIAL SERVICES,] have the following powers with respect to the classes of                                              
07 positions that are in [UNIQUE TO] their departments:                                                                  
08   (1)  to assign positions to an existing class in the state classification plan                                       
09 and to the salary range for that class as established by the state pay plan or by a valid                               
10 agreement entered into in accordance with AS 23.40;                                                                     
11   (2)  to administer and score examinations and to place successful                                                    
12 applicants on departmental eligible lists;                                                                              
13   (3)  to certify those eligible to the appointing authorities.                                                        
14    * Sec. 14.  AS 39.25.153(d) is amended to read:                                                                      
15  (d)  The exercise [ASSUMPTION] of a power set out in (b) of this section                                            
16 [MUST BE APPROVED BY THE COMMISSIONER OF ADMINISTRATION AND]                                                            
17 must be in harmony with the merit principle of personnel administration                                                 
18 (AS 39.25.010) and must comply with the standards set in the personnel rules                                           
19 adopted under AS 39.25.150.                                                                                            
20    * Sec. 15.  AS 39.30.080(1) is amended to read:                                                                      
21   (1)  "department" means the Department of Revenue                                                                  
22 [ADMINISTRATION];                                                                                                       
23    * Sec. 16.  AS 39.30.090(a) is amended to read:                                                                      
24  (a)  The Department of Revenue [ADMINISTRATION] may obtain a policy                                                 
25 or policies of group insurance covering state employees, persons entitled to coverage                                   
26 under AS 14.25.168, AS 22.25.090, AS 39.35.535, or former AS 39.37.145,                                               
27 employees of other participating governmental units, or persons entitled to coverage                                    
28 under AS 23.15.136, subject to the following conditions:                                                                
29   (1)  A group insurance policy shall provide one or more of the                                                       
30 following benefits: life insurance, accidental death and dismemberment insurance,                                       
31 weekly indemnity insurance, hospital expense insurance, surgical expense insurance,                                     
01 dental expense insurance, audiovisual insurance, or other medical care insurance.                                       
02   (2)  Each eligible employee of the state, the spouse and the unmarried                                               
03 children chiefly dependent on the eligible employee for support, and each eligible                                      
04 employee of another participating governmental unit shall be covered by the group                                       
05 policy, unless exempt under regulations adopted by the commissioner of revenue                                        
06 [ADMINISTRATION].                                                                                                       
07   (3)  A governmental unit may participate under a group policy if                                                     
08   (A)  its governing body adopts a resolution authorizing                                                             
09 participation [,] and payment of required premiums;                                                                     
10   (B)  a certified copy of the resolution is filed with the                                                           
11 Department of Revenue [ADMINISTRATION]; and                                                                           
12   (C)  the commissioner of revenue [ADMINISTRATION]                                                                 
13 approves the participation in writing.                                                                                  
14   (4)  In procuring a policy of group health or group life insurance as                                                
15 provided under this section or excess loss insurance as provided in AS 39.30.091, the                                   
16 Department of Revenue [ADMINISTRATION] shall comply with the dual choice                                              
17 requirements of AS 21.86.310, and shall obtain the insurance policy from an insurer                                     
18 authorized to transact business in the state under AS 21.09, a hospital or medical                                      
19 service corporation authorized to transact business in this state under AS 21.87, or a                                  
20 health maintenance organization authorized to operate in this state under AS 21.86.                                     
21 An excess loss insurance policy may be obtained from a life or disability insurer                                       
22 authorized to transact business in this state under AS 21.09 or from a hospital or                                      
23 medical service corporation authorized to transact business in this state under                                         
24 AS 21.87.                                                                                                               
25   (5)  The Department of Revenue [ADMINISTRATION] shall make                                                         
26 available bid specifications for desired insurance benefits or for administration of                                    
27 benefit claims and payments to (A) all insurance carriers authorized to transact                                        
28 business in this state under AS 21.09 and all hospital or medical service corporations                                  
29 authorized to transact business under AS 21.87 who are qualified to provide the desired                                 
30 benefits; and (B) to insurance carriers authorized to transact business in this state under                             
31 AS 21.09, hospital or medical service corporations authorized to transact business                                      
01 under AS 21.87, and third-party administrators licensed to transact business in this                                    
02 state and qualified to provide administrative services.  The specifications shall be made                               
03 available at least once every five years.  The lowest responsible bid submitted by an                                   
04 insurance carrier, hospital or medical service corporation, or third-party administrator                                
05 with adequate servicing facilities shall govern selection of a carrier, hospital or medical                             
06 service corporation, or third-party administrator under this section or the selection of                                
07 an insurance carrier or a hospital or medical service corporation to provide excess loss                                
08 insurance as provided in AS 39.30.091.                                                                                  
09   (6)  If the aggregate of dividends payable under the group insurance                                                 
10 policy exceeds the governmental unit's share of the premium, the excess shall be                                        
11 applied by the governmental unit for the sole benefit of the employees.                                                 
12   (7)  A person receiving benefits under AS 14.25.110, AS 22.25,                                                       
13 AS 39.35, or former AS 39.37 may continue the life insurance coverage that was in                                       
14 effect under this section at the time of termination of employment with the state or                                    
15 participating governmental unit.                                                                                        
16   (8)  A person electing to have insurance under (7) of this subsection                                                
17 shall pay the cost of this insurance.                                                                                   
18   (9)  For each permanent part-time employee electing coverage under this                                              
19 section, the state shall contribute one-half the state contribution rate for permanent full-                            
20 time state employees, and the permanent part-time employee shall contribute the other one-half.                         
21   (10)  A person receiving benefits under AS 14.25, AS 22.25, AS 39.35,                                                
22 or former AS 39.37 may obtain auditory, visual, and dental insurance for that person                                    
23 and eligible dependents under this section.  The level of coverage for persons over 65                                  
24 shall be the same as that available before reaching age 65 except that the benefits                                     
25 payable shall be supplemental to any benefits provided under the federal old age,                                       
26 survivors, and disability insurance program.  A person electing to have insurance under                                 
27 this paragraph shall pay the cost of the insurance.  The commissioner of revenue                                      
28 [ADMINISTRATION] shall adopt regulations implementing this paragraph.                                                   
29   (11)  A person receiving benefits under AS 14.25, AS 22.25, AS 39.35,                                                
30 or former AS  39.37 may obtain long-term care insurance for that person and eligible                                    
31 dependents under this section.  A person who elects insurance under this paragraph                                      
01 shall pay the cost of the insurance premium.  The commissioner of revenue                                             
02 [ADMINISTRATION] shall adopt regulations to implement this paragraph.                                                   
03   (12)  Each licensee holding a current operating agreement for a vending                                              
04 facility under AS 23.15.010 - 23.15.210 shall be covered by the group policy that                                       
05 applies to governmental units other than the state.                                                                     
06    * Sec. 17.  AS 39.30.180(1) is amended to read:                                                                      
07   (1) "commissioner" means the commissioner of revenue [THE                                                          
08 DEPARTMENT OF ADMINISTRATION];                                                                                          
09    * Sec. 18.  AS 39.45.020(a) is amended to read:                                                                      
10  (a)  The administration of the deferred compensation program for state                                                
11 employees is under the direction of the Department of Revenue                                                         
12 [ADMINISTRATION]. A political subdivision coming under the provisions of this                                           
13 chapter shall designate the office or official to administer its program.                                               
14    * Sec. 19.  AS 47.10.400(a) is amended to read:                                                                      
15  (a)  There is created in the Department of Health and Social Services                                               
16 [ADMINISTRATION] the Citizens' Review Panel for Permanency Planning.  The state                                         
17 panel consists of five voting members appointed by the governor from among present                                      
18 members of local citizen review panels established under AS 47.10.420.  The governor                                    
19 shall appoint at least one voting state panel member from each judicial district.  The                                  
20 governor may not appoint a person who has committed a felony or violated                                                
21 AS 11.51.130 or a law with substantially similar elements.  The panel also includes                                     
22 the following five nonvoting members who serve ex officio or their designees: the                                       
23 commissioner of health and social services [, THE DIRECTOR OF THE OFFICE OF                                             
24 PUBLIC ADVOCACY], the attorney general, the public defender appointed under                                             
25 AS 18.85.030, and the chief justice of the Alaska Supreme Court.                                                        
26    * Sec. 20.  AS 47.24.900(5) is amended to read:                                                                      
27   (5)  "department " means the Department of Health and Social Services                                              
28 [ADMINISTRATION];                                                                                                       
29    * Sec. 21.  AS 47.33.410(a) is amended to read:                                                                      
30  (a)  The Department of Health and Social Services is the licensing agency                                             
31 responsible for licensing assisted living homes [THAT WILL BE PROVIDING CARE                                            
01 PRIMARILY TO PERSONS WITH A MENTAL OR DEVELOPMENTAL                                                                     
02 DISABILITY].                                                                                                            
03    * Sec. 22.  AS 47.45.020 is amended to read:                                                                         
04  Sec. 47.45.020.  CONTINUOUS ELIGIBILITY PROCEDURES.  After                                                            
05 qualification, monthly applications for bonuses may be made in person to any office                                     
06 of the Department of Health and Social Services [ADMINISTRATION].  Mailed                                             
07 monthly applications shall also be considered by the department.  In-person or mailed                                   
08 applications shall be made on forms provided by the department and shall conform to                                     
09 the conditions as provided by regulation.  The commissioner of health and social                                       
10 services [ADMINISTRATION] may make exceptions for those residents who are                                              
11 isolated in rural areas and cannot mail a monthly application; however, they shall mail                                 
12 an application at least once every six months.                                                                          
13    * Sec. 23.  AS 47.55.010 is amended to read:                                                                         
14  Sec. 47.55.010.  MAINTENANCE OF ALASKA PIONEERS' HOME.  (a)                                                           
15 The state shall maintain institutions known collectively as the Alaska Pioneers' Home.                                  
16 Pioneers' Homes shall be maintained at Sitka and at other sites designated by the                                       
17 commissioner of health and social services [ADMINISTRATION].                                                          
18  (b)  The Department of Health and Social Services [ADMINISTRATION]                                                  
19 shall formulate general policies, but has no administrative or executive functions other                                
20 than those set out in this chapter. It may hold hearings and subpoena witnesses and                                     
21 documents and may administer oaths in connection with them.                                                             
22  (c)  The Department of Health and Social Services [ADMINISTRATION]                                                  
23 shall                                                                                                                   
24   (1)  cooperate with the federal government in matters pertaining to the                                              
25 welfare of Alaska [ALASKAN] pioneers, make the reports in the form and containing                                     
26 the information the federal government from time to time desires, and accept funds                                      
27 allotted by the federal government, its agencies, or instrumentalities, in establishing,                              
28 extending, and strengthening services for pioneers of Alaska;                                                           
29   (2)  adopt regulations necessary for the conduct of the business of the                                              
30 Pioneers' Home and for carrying out the provisions of this chapter, require bonds and                                   
31 undertakings from persons employed by it as in its judgment are necessary, and pay                                      
01 the premiums on them, and establish regional and local offices and the advisory groups                                  
02 that are necessary or considered expedient to carry out or assist in carrying out a duty                                
03 or authority assigned to it;                                                                                            
04   (3)  perform all executive or administrative duties necessary and                                                    
05 advisable to carry out the purpose of this chapter, including the power to make                                         
06 contracts and to make disbursements on vouchers against funds for the purpose of this                                   
07 chapter, within the limit of funds available;                                                                           
08   (4)  study the needs of Alaska's pioneers and submit recommendations                                                 
09 for new regulations and proposed legislation; and                                                                       
10   (5)  prepare a biennial report in even-numbered years and notify the                                                 
11 legislature that the report is available.                                                                               
12  (d)  The Department of Health and Social Services [ADMINISTRATION]                                                  
13 may employ the necessary subordinate officers and employees, and shall prescribe                                        
14 methods for operation of the Pioneers' Home, standards of care and service to                                           
15 residents, and rules governing personnel and rewarding employees on a merit basis.                                      
16    * Sec. 24.  AS 47.65.010 is amended to read:                                                                         
17  Sec. 47.65.010.  OLDER ALASKANS SERVICE PROGRAMS ACCOUNT.                                                             
18 The older Alaskans service programs account is established in the Department of                                        
19 Health and Social Services [ADMINISTRATION].  An amount to carry out the                                               
20 provisions of AS 47.65.010 - 47.65.050 may be appropriated annually by the                                              
21 legislature to the account.  The amount appropriated to the account shall be fully                                      
22 distributed by the Alaska Commission on Aging to sponsors of older Alaskans service                                     
23 programs in accordance with the provisions of AS 47.65.010 - 47.65.050.                                                 
24    * Sec. 25.  AS 36.30.010; AS 39.25.120(c)(9)(A), 39.25.153(c); AS 39.50.200(b)(7);                                   
25 AS 44.17.005(2); AS 44.21; AS 47.33.410(b), 47.33.410(c), and 47.33.410(e) are repealed.                                
26    * Sec. 26.  PREPARATION OF LEGISLATION.  (a)  The division of legal and research                                     
27 services of the Legislative Affairs Agency shall prepare a bill conforming the Alaska Statutes                          
28 to the changes made by secs. 2 - 25 of this Act and to                                                                  
29   (1)  transfer the duties of the division of finance, division of retirement and                                       
30 benefits, and labor relations section of the Department of Administration to the Department                             
31 of Revenue;                                                                                                             
01   (2)  transfer the duties of the division of senior services, Department of                                            
02 Administration, to the Department of Health and Social Services;                                                        
03   (3)  eliminate the office of public advocacy, the intent being that private                                           
04 attorneys would perform the duties of the office, as needed, and would be assigned by the                               
05 court to perform the duties when required by the constitution;                                                          
06   (4)  eliminate  the Alaska Public Broadcasting Commission, the intent being                                           
07 that a private endowment or trust entity would continue its functions;                                                  
08   (5)  eliminate the division of personnel, Department of Administration, and                                           
09 provide for its duties to be performed, as necessary, by each state agency for itself under a                           
10 uniform personnel system established by a division of personnel in the Department of                                    
11 Revenue;                                                                                                                
12   (6)  require the Department of Revenue to enter into contracts with private                                           
13 persons for the performance of the duties of the divisions of risk management, general                                  
14 services, and informational services of the Department of Administration;                                               
15   (7)  provide for alteration of the membership of various boards, commissions,                                         
16 and other entities that include the commissioner of administration as a member; and                                     
17   (8)  provide appropriate transitional provisions to implement the goals of this                                       
18 Act.                                                                                                                    
19  (b)  The division of legal and research services, Legislative Affairs Agency, shall                                    
20 consult with the Department of Administration and other appropriate state agencies during the                           
21 preparation of the bill required under this section, and the Department of Administration and                           
22 other state agencies, in a timely manner, shall cooperate with the division of legal and research                       
23 services on request.                                                                                                    
24  (c)  Wherever in this section there is a reference to the duties of a division or section                              
25 of the Department of Administration, that reference shall be construed to refer to the duties                           
26 of that division or section as constituted on the effective date of this bill section.  If there is                     
27 ambiguity about which division or section is performing a duty or administering a program                               
28 on the effective date of this bill section, the bill prepared under this section shall be drafted                       
29 in a manner that resolves the ambiguity, and the division of legal and research services shall                          
30 give notice to the legislature of ambiguities resolved under this subsection.                                           
31    * Sec. 27.  If  the Twentieth Alaska State Legislature does not enact a bill that eliminates                         
01 the Department of Administration, this Act is repealed January 1, 1999.                                                 
02    * Sec. 28.  Sections 1 and 26 of this Act take effect immediately under AS 01.10.070(c).                             
03    * Sec. 29.  Sections 2 - 25 of this Act take effect on the effective date of a section in an                         
04 Act enacted by the Twentieth Alaska State Legislature that eliminates the Department of                                 
05 Administration.