00 Enrolled SB 139 01 Relating to termination and oversight of boards, commissions, and agency programs; 02 extending the termination date of the Board of Marital and Family Therapy; and providing for 03 an effective date. 04 _______________ 05 * Section 1. AS 08.03.010(c)(11) is amended to read: 06 (11) Board of Marital and Family Therapy (AS 08.63.010) - June 30, 07 2010 [2005]; 08 * Sec. 2. AS 08.03.020(a) is amended to read: 09 (a) Upon termination, each board listed in AS 08.03.010 shall continue in 10 existence until June 30 of the next succeeding year for the purpose of concluding its 11 affairs. During this period, termination does not reduce or otherwise limit the powers 12 or authority of each board. One year after the date of termination, a board not 13 continued shall cease all activities, and the statutory authority of the board is 14 transferred to the department. 01 * Sec. 3. AS 08.03.020(c) is amended to read: 02 (c) A board scheduled for termination under this chapter may be continued or 03 reestablished by the legislature for a period not to exceed eight [FOUR] years unless 04 the board is continued or reestablished for a longer period under AS 08.03.010. 05 * Sec. 4. AS 08.03.020 is amended by adding a new subsection to read: 06 (d) The department shall carry out the functions of a board that has ceased all 07 activities under (a) of this section. Litigation, hearings, investigations, and other 08 proceedings pending at the time the board ceased activities continue in effect and may 09 be continued or completed by the department. Licenses, certificates, orders, and 10 regulations issued or adopted by the board and in effect at the time the board ceased 11 activities remain in effect for the term issued or until revoked, amended, vacated, or 12 repealed by the department. 13 * Sec. 5. AS 44.66.010(c) is amended to read: 14 (c) A commission scheduled for termination under this chapter may be 15 continued or reestablished by the legislature for a period not to exceed eight [FOUR] 16 years. 17 * Sec. 6. AS 44.66.050(c) is amended to read: 18 (c) A determination as to whether a board or commission or agency program 19 has demonstrated a public need for its continued existence must take into 20 consideration the following factors: 21 (1) the extent to which the board, commission, or program has 22 operated in the public interest; 23 (2) the extent to which the operation of the board, commission, or 24 agency program has been impeded or enhanced by existing statutes, procedures, and 25 practices that it has adopted, and any other matter, including budgetary, resource, and 26 personnel matters; 27 (3) the extent to which the board, commission, or agency has 28 recommended statutory changes that are generally of benefit to the public interest; 29 (4) the extent to which the board, commission, or agency has 30 encouraged interested persons to report to it concerning the effect of its regulations 31 and decisions on the effectiveness of service, economy of service, and availability of 01 service that it has provided; 02 (5) the extent to which the board, commission, or agency has 03 encouraged public participation in the making of its regulations and decisions; 04 (6) the efficiency with which public inquiries or complaints regarding 05 the activities of the board, commission, or agency filed with it, with the department to 06 which a board or commission is administratively assigned, or with the office of 07 victims' rights or the office of the ombudsman have been processed and resolved; 08 (7) the extent to which a board or commission that regulates entry into 09 an occupation or profession has presented qualified applicants to serve the public; 10 (8) the extent to which state personnel practices, including affirmative 11 action requirements, have been complied with by the board, commission, or agency to 12 its own activities and the area of activity or interest; [AND] 13 (9) the extent to which statutory, regulatory, budgeting, or other 14 changes are necessary to enable the agency, board, or commission to better serve the 15 interests of the public and to comply with the factors enumerated in this subsection; 16 (10) the extent to which the board, commission, or agency has 17 effectively attained its objectives and purposes and the efficiency with which the 18 board, commission, or agency has operated; and 19 (11) the extent to which the board, commission, or agency 20 duplicates the activities of another governmental agency or the private sector. 21 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).