00 HOUSE BILL NO. 209 01 "An Act relating to public finance; creating the Department of Management and 02 Budget; transferring the duties of the office of management and budget to the 03 Department of Management and Budget; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 06.55.850(d) is amended to read: 06 (d) In January of each year, the department shall report to the Department of  07 Management and Budget [OFFICE OF MANAGEMENT AND BUDGET] all fee 08 levels and revisions made for the previous year under this section. 09  * Sec. 2. AS 06.60.530 is amended to read: 10 Sec. 06.60.530. Fund report. Every six months, the department shall provide 11 a written report to the commissioner [DIRECTOR OF THE OFFICE] of management 12 and budget on the activities of the fund, the balances in the fund, interest earned on the 13 fund, and interest returned to the fund. 14  * Sec. 3. AS 08.01.065(c) is amended to read: 15 (c) Except as provided in (f) - (j) of this section, the department shall establish 01 fee levels under (a) of this section so that the total amount of fees collected for an 02 occupation approximately equals the actual regulatory costs for the occupation. The 03 department shall annually review each fee level to determine whether the regulatory 04 costs of each occupation are approximately equal to fee collections related to that 05 occupation. If the review indicates that an occupation's fee collections and regulatory 06 costs are not approximately equal, the department shall calculate fee adjustments and 07 adopt regulations under (a) of this section to implement the adjustments. In January of 08 each year, the department shall report on all fee levels and revisions for the previous 09 year under this subsection to the Department of Management and Budget [OFFICE 10 OF MANAGEMENT AND BUDGET]. If a board regulates an occupation covered by 11 this chapter, the department shall consider the board's recommendations concerning 12 the occupation's fee levels and regulatory costs before revising fee schedules to 13 comply with this subsection. In this subsection, "regulatory costs" means costs of the 14 department that are attributable to regulation of an occupation plus 15 (1) all expenses of the board that regulates the occupation if the board 16 regulates only one occupation; 17 (2) the expenses of a board that are attributable to the occupation if the 18 board regulates more than one occupation. 19  * Sec. 4. AS 14.20.020(c) is amended to read: 20 (c) The board may establish by regulation additional requirements for the 21 issuance of certificates. The board shall require teachers to submit fingerprints and the 22 fees required by the Department of Public Safety under AS 12.62.160 for criminal 23 justice information and a national criminal history record check. The board shall 24 submit the fingerprints and fees to the Department of Public Safety for a report of 25 criminal justice information under AS 12.62 and a national criminal history record 26 check under AS 12.62.400. The department shall establish by regulation the fees to be 27 charged for each certificate and for other charges assessed against teachers as part of 28 certification. In establishing the fees to be charged, the department shall establish the 29 fee levels so that the total amount of the fees collected relating to the certification of 30 teachers approximately equals, when added to the other fees collected from teachers, 31 the actual regulatory costs for certifying and disciplining teachers in the state. The 01 department shall annually review each fee level to determine whether the regulatory 02 costs are approximately equal to fee collections. If the review indicates that fee 03 collections and regulatory costs are not approximately equal, the department shall 04 calculate fee adjustments to the fees for certification of teachers and adopt regulations 05 under this subsection to implement the adjustments. In January of each year, the 06 department shall report on all fee levels and revisions for the previous year under this 07 subsection to the Department of Management and Budget [OFFICE OF 08 MANAGEMENT AND BUDGET]. The department shall consider the board's 09 recommendations concerning the fee levels and regulatory costs before revising fee 10 schedules to comply with this subsection. In this subsection, "regulatory costs" means 11 costs of the department that are attributable to regulation of the teaching profession, 12 including the portion of the expenses of the board that are attributable to the regulation 13 of the teaching profession and the expenses of the Professional Teaching Practices 14 Commission. 15  * Sec. 5. AS 14.40.325 is amended to read: 16 Sec. 14.40.325. Reallocation within state appropriations. Notwithstanding 17 the provisions of AS 37.07.080(e), each appropriation to the University of Alaska is 18 subject to reallocation by the university administration under procedures established 19 by the Board of Regents and the Department of Management and Budget [OFFICE 20 OF MANAGEMENT AND BUDGET IN THE OFFICE OF THE GOVERNOR]. 21 Transfers may not be made between appropriations except as provided in an act 22 making transfers between appropriations. 23  * Sec. 6. AS 23.50.030(a) is amended to read: 24 (a) The attorney general shall adopt regulations that establish the amount and 25 manner of payment of a registration fee for authorized third parties. The attorney 26 general shall establish the fee level so that the total amount of fees collected from 27 authorized third parties approximately equals the actual regulatory costs for the 28 oversight of joint negotiations between physicians and health benefit plans. The 29 attorney general shall annually review the fee level to determine whether the 30 regulatory costs are approximately equal to fee collections. If the review indicates that 31 the fee collections and regulatory costs are not approximately equal, the attorney 01 general shall calculate fee adjustments and adopt regulations under this subsection to 02 implement the adjustments. In January of each year, the attorney general shall report 03 on the fee level and revisions for the previous year under this subsection to the 04 Department of Management and Budget [OFFICE OF MANAGEMENT AND 05 BUDGET]. 06  * Sec. 7. AS 24.08.035(a) is amended to read: 07 (a) Before a bill or resolution, except an appropriation bill, is reported from 08 the committee of first referral, there shall be attached to the bill a fiscal note 09 containing an estimate of the amount of the appropriation increase or decrease that 10 would result from enactment of the bill for the current fiscal year and five succeeding 11 fiscal years or, if the bill has no fiscal impact, a statement to that effect shall be 12 attached. The fiscal note or statement shall be prepared in conformity with the 13 requirements of this section by the department or departments affected and may be 14 reviewed by the Department of Management and Budget [OFFICE OF 15 MANAGEMENT AND BUDGET]. The fiscal note or statement shall be delivered to 16 the committee requesting it within three days after [OF] the request is made. If the 17 bill is presented by the governor for introduction in accordance with AS 24.08.060(b) 18 and the uniform rules of the legislature, the fiscal note or statement shall be attached to 19 the bill before the bill is introduced. An amendment or a substitute bill proposed by a 20 committee of referral that changes the fiscal impact of a bill shall be explained in a 21 revised fiscal note or statement attached to the bill. 22  * Sec. 8. AS 24.08.035(d) is amended to read: 23 (d) The original of a fiscal note shall be submitted to the Division of 24 Legislative Finance and copies shall be sent to the prime sponsor, the committee 25 requesting the fiscal note, and the Department of Management and Budget 26 [OFFICE OF MANAGEMENT AND BUDGET]. 27  * Sec. 9. AS 24.20.231 is amended to read: 28 Sec. 24.20.231. Duties. The legislative finance division shall 29 (1) analyze the budget and appropriation requests of each department, 30 institution, bureau, board, commission, or other agency of state government; 31 (2) analyze the revenue requirements of the state; 01 (3) provide the finance committees of the legislature with 02 comprehensive budget review and fiscal analysis services; 03 (4) cooperate with the Department of Management and Budget 04 [OFFICE OF MANAGEMENT AND BUDGET] in establishing a comprehensive 05 system for state budgeting and financial management as set out in AS 37.07 06 (Executive Budget Act); 07 (5) complete studies and prepare reports, memoranda, or other 08 materials as directed by the Legislative Budget and Audit Committee; 09 (6) with the governor's permission, designate the legislative fiscal 10 analyst to serve ex officio on the governor's budget review committee; 11 (7) identify the actual reduction in state expenditures in the first fiscal 12 year following a review under AS 44.66.040 resulting from that review and inform the 13 Legislative Budget and Audit Committee of the amount of the reduction; and 14 (8) not later than the first legislative day of each first regular session of 15 each legislature, conduct a review in accordance with AS 24.20.235 of the report 16 provided to the division under AS 43.05.095. 17  * Sec. 10. AS 29.05.200(b) is amended to read: 18 (b) Before August 31 of each fiscal year, the department shall submit a report 19 to the Department of Management and Budget [OFFICE OF MANAGEMENT 20 AND BUDGET] indicating 21 (1) each municipality expected to qualify to receive an organization 22 grant during the next fiscal year; 23 (2) the amount of money needed to cover all organization grants 24 expected to be awarded during the next fiscal year. 25  * Sec. 11. AS 30.17.130(c) is amended to read: 26 (c) The authority may not accept transfer by the federal government of title to, 27 an interest in, control over, or responsibility for a facility or other real or personal 28 property located at the Adak Naval Air Facility unless sufficient federal or other 29 money is available to the authority to manage the property or operate the facility at a 30 minimal level for two years after the date of the transfer. The commissioner 31 [DIRECTOR OF THE OFFICE] of management and budget shall determine whether 01 sufficient money is available to the authority with respect to each proposed transfer 02 subject to this subsection, and approve or disapprove the proposed transfer. 03  * Sec. 12. AS 35.10.135 is amended to read: 04 Sec. 35.10.135. Public facility planning fund. The [THERE IS 05 ESTABLISHED WITHIN THE OFFICE OF THE GOVERNOR, OFFICE OF 06 MANAGEMENT AND BUDGET A] public facility planning fund is established  07 within the Department of Management and Budget. The fund is a capital fund and 08 consists of (1) money appropriated by the legislature, (2) money reimbursed to it from 09 the proceeds of the sales of general obligation bonds and revenue bonds issued for 10 projects and (3) money reimbursed to it from appropriations for any projects for which 11 money from the fund has been spent. The fund is available for expenditure, on a 12 reimbursable basis, only for the purposes of providing working capital for facility 13 program planning and for facility procurement planning as specified in this chapter. 14 All expenditures from the fund are subject to an independent audit, which shall be 15 made annually and reported to the governor and the legislature. 16  * Sec. 13. AS 37.07.040 is amended to read: 17 Sec. 37.07.040. Duties of the Department of Management and Budget 18 [OFFICE OF MANAGEMENT AND BUDGET]. The Department of  19 Management and Budget [ALASKA OFFICE OF MANAGEMENT AND 20 BUDGET] shall 21 (1) assist the governor in meeting the requirements of AS 37.07.020, 22 including the coordination and analysis of state agency goals and objectives, plans, 23 and budget requests; 24 (2) prepare for submission to the governor an annually updated six- 25 year capital improvements program and the proposed capital improvements budget for 26 the coming fiscal year, the latter to include individual project justification with 27 documentation of estimated project cost; 28 (3) develop procedures to produce the information needed for effective 29 policy decision making, including procedures to provide for the dissemination of 30 information about plans, programs, and budget requests to be included in the annual 31 budget and opportunity for public review and comment during the period of budget 01 preparation; 02 (4) assist state agencies in their statement of goals and objectives to 03 achieve, among other things, the legislature's mission and desired results, preparation 04 of plans, assessments of the extent to which missions and desired results have been 05 achieved, budget requests, and reporting of program performance; all documents 06 forwarded by the department [OFFICE] to a state agency containing instructions for 07 the preparation of program plans and budget requests and the reporting of program 08 performance are public information after the date they are forwarded; 09 (5) administer its responsibilities under the program execution 10 provisions of this chapter so that the policy decisions and budget determinations of the 11 governor and the legislature are implemented; 12 (6) provide the legislative finance division with the budget information 13 it may request; 14 (7) provide the legislative finance division with an advance copy of the 15 governor's budget workbooks at least seven days before the legislature convenes in a 16 regular session; 17 (8) prepare the proposed capital improvements budget for the coming 18 fiscal year evaluating both state and local requests from the standpoint of need, equity, 19 and priorities of the jurisdiction; other factors such as project amounts, population, 20 local financial match, federal funds being used for local match, municipality or 21 unincorporated community acceptance of the facility, and all associated costs of the 22 facility may be considered; 23 (9) for each department in the executive branch, report to the 24 legislature by the 45th day of each regular session the amount of money appropriated 25 to the department that is expected to lapse into the general fund at the end of the 26 current fiscal year; 27 (10) establish and administer a state agency program performance 28 management system involving planning, performance budgeting, performance 29 measurement, and program evaluation; the department [OFFICE] shall ensure that 30 information generated under this system is useful for managing and improving the 31 efficiency and effectiveness of agency operations; 01 (11) by January 15, list each lease-purchase agreement entered into by 02 an agency during the immediately preceding fiscal year for the acquisition of 03 equipment or other personal property, together with a description of the property 04 acquired and financial details, including the purchase price, the term for payments, the 05 amount of each payment, and the amount of interest or financing charges paid; 06 (12) work with state agencies to develop a standardized methodology 07 to collect and store energy consumption and expense data. 08  * Sec. 14. AS 37.07.050(a) is amended to read: 09 (a) The agencies shall assure the development of a statewide system of results- 10 based government designed to increase efficiency and effectiveness of state programs 11 and services. Toward that end, each state agency shall, on a semi-annual basis, identify 12 results-based measures that have been used to work toward achievement of the 13 mission statement and desired results issued by the legislature and of other goals of the 14 agency, and set out the results as measured. Each state agency shall also prepare 15 information that shall be compiled and submitted on December 15 each year to the 16 department [OFFICE], the legislature, and the legislative finance division; this 17 information must 18 (1) identify the agency mission and desired results established by the 19 legislature; 20 (2) identify the goals and objectives the agency will use to achieve the 21 legislature's mission and desired results; 22 (3) set out the results of any user group surveys and, if the results do 23 not agree with the mission and desired results, goals, and objectives, explain why; 24 (4) include written, defined methods of measuring results that apply to 25 the responsibilities, products, and services of the agency; 26 (5) identify results-based measures that have been used to work toward 27 achievement of the mission statement and desired results issued by the legislature and 28 other goals of the agency and set out the results as measured; 29 (6) identify surveys or other methods of gathering user group opinions 30 that have been used by the agency to identify ways to improve its programs; 31 (7) identify methods of measuring performance when the mission 01 statement and desired results issued by the legislature involve more than one agency 02 and make recommendations to eliminate duplication of government functions and 03 waste; 04 (8) identify ways in which the agency has involved its employees in 05 the development of methods of measuring results, including opportunities for 06 employee representatives to participate in committees established to develop methods 07 of measuring results; 08 (9) include the budget requested to carry out the agency's proposed 09 plans in the succeeding fiscal year, including information reflecting the expenditures 10 during the last fiscal year, the expenditures authorized for the current fiscal year, the 11 expenditures proposed for the succeeding fiscal year, an explanation of the services to 12 be provided, the number of total positions for all persons employed or under contract 13 by the agency for personal services including those rendered for capital improvement 14 projects, the need for the services, the cost of the services, and other information 15 requested by the department [OFFICE]; 16 (10) include a report of agency receipts during the last fiscal year, an 17 estimate of receipts during the current fiscal year, and an estimate of receipts for the 18 succeeding fiscal year; 19 (11) identify legislation required to implement the proposed programs 20 and financial plans; 21 (12) include an evaluation of the advantages and disadvantages of 22 specific alternatives to existing or proposed agency activities or administrative 23 methods; 24 (13) prioritize the activities of the agency from the most important to 25 the least important. 26  * Sec. 15. AS 37.07.050(c) is amended to read: 27 (c) The department [OFFICE] shall assist agencies in the preparation of their 28 proposals under (a) of this section. This assistance may include technical assistance, 29 organization of materials, centrally collected accounting, budgeting and personnel 30 information, standards and guidelines formulation, population and other required data, 31 and any other assistance that will help the state agencies produce the information 01 necessary for efficient agency management and effective decision-making by the 02 governor and the legislature. 03  * Sec. 16. AS 37.07.050(d) is amended to read: 04 (d) If any state agency fails to transmit the program and financial information 05 provided under (a) of this section on the specified date, the department [OFFICE] 06 may prepare the information. 07  * Sec. 17. AS 37.07.050(e) is amended to read: 08 (e) The department [OFFICE] shall compile and submit to the governor-elect 09 in any year when a new governor has been elected, not later than November 20, a 10 summary of the program and financial information prepared by state agencies. 11  * Sec. 18. AS 37.07.050(g) is amended to read: 12 (g) All goals and objectives, plans, programs, estimates, budgets, and other 13 documents forwarded to the department [OFFICE OF MANAGEMENT AND 14 BUDGET] by a state agency under this section are public information after the date 15 they are forwarded. 16  * Sec. 19. AS 37.07.080(b) is amended to read: 17 (b) Each state agency shall prepare an annual plan for the operation of each of 18 its assigned programs except for programs that are exempted from this requirement by 19 the department [OFFICE]. The operations plan shall be prepared in the form and 20 content and be transmitted on the date prescribed by the department [OFFICE]. 21  * Sec. 20. AS 37.07.080(c) is amended to read: 22 (c) The department [OFFICE] shall 23 (1) review each operations plan to determine that it is consistent with 24 the executive decisions of the governor, the mission statement and desired results 25 issued by the legislature, appropriations by the legislature, and other provisions of law, 26 that it reflects proper planning and efficient management methods, and that 27 appropriations have been made for the legislatively established purpose and will not 28 be exhausted before the end of the fiscal year; 29 (2) approve the operations plan if satisfied that it meets the 30 requirements under (1) of this subsection; otherwise, the department [OFFICE] shall 31 require revision of the operations plan in whole or in part. 01  * Sec. 21. AS 37.07.080(e) is amended to read: 02 (e) Transfers or changes between objects of expenditures or between 03 allocations may be made by the head of an agency upon approval of the department 04 [OFFICE]. Transfers may not be made between appropriations, including transfers 05 made through the use of a reimbursable service agreement or other agreement, except 06 as provided in an act making the transfers between appropriations. However, a 07 reimbursable service agreement or other agreement may be used to finance the 08 provision of a service if 09 (1) the agency that requires the service has, by law, the authority to 10 obtain or provide the service and has an appropriation that may be used for that 11 purpose; and 12 (2) the agency that provides the service bills the agency administering 13 the available funds based on 14 (A) the actual cost to provide the service; or 15 (B) a cost allocation method approved by the department 16 [OFFICE]. 17  * Sec. 22. AS 37.07.080(f) is amended to read: 18 (f) The department [OFFICE] shall report quarterly to the governor and the 19 legislature on the operations of each state agency, relating actual accomplishments to 20 those planned and modifying, if necessary, the operations plan of any agency for the 21 balance of the fiscal year. 22  * Sec. 23. AS 37.07.120 is amended by adding a new paragraph to read: 23 (11) "department" means the Department of Management and Budget, 24 unless the context indicates otherwise. 25  * Sec. 24. AS 37.10.050(c) is amended to read: 26 (c) Except as provided in AS 37.10.052(a), each state agency shall annually 27 review fees collected by the agency. By October 1, each state agency shall submit a 28 report to the Department of Management and Budget [OFFICE OF 29 MANAGEMENT AND BUDGET] regarding existing fee levels set by the agency by 30 regulation and adjustments made to fee levels by the agency during the previous fiscal 31 year, and recommended adjustments in fees set by statute that the agency collects. 01 Each year by December 15, the Department of Management and Budget [OFFICE 02 OF MANAGEMENT AND BUDGET] shall submit a report to the Legislative Budget 03 and Audit Committee summarizing the reports and recommendations and the extent to 04 which the fee adjustments have been incorporated in the governor's budget. Within 05 five days after the convening of each regular session of the legislature, the committee 06 shall prepare a report on the status of fee regulations and making recommendations for 07 changes in regulations or statutes as appropriate. The committee shall notify the 08 legislature that the report is available. 09  * Sec. 25. AS 37.10.052(c) is amended to read: 10 (c) A person requiring more than one regulatory service, at least one of which 11 is a designated regulatory service, for an activity may petition the resource agency that 12 will provide the services or, if more than one resource agency will provide a 13 regulatory service, the Department of Management and Budget [OFFICE OF 14 MANAGEMENT AND BUDGET] to establish a single fee for all regulatory services 15 that are required for that class of activities. The resource agency or the Department of  16 Management and Budget [OFFICE OF MANAGEMENT AND BUDGET], as 17 appropriate, shall grant the petition if it finds that the proposed fee meets the 18 applicable requirements of this subsection and is likely to be used by the resource 19 agency or the Department of Management and Budget [OFFICE OF 20 MANAGEMENT AND BUDGET] more than once. If a petition under this subsection 21 is granted, the resource agency or the Department of Management and Budget 22 [OFFICE OF MANAGEMENT AND BUDGET] shall make available to the public 23 information concerning the single fee, including a list of regulatory services to be 24 provided and the amount of the fee. If the resource agency or the Department of  25 Management and Budget [OFFICE OF MANAGEMENT AND BUDGET] denies 26 the petition, the agency or department [OFFICE] shall provide to the petitioner a 27 statement setting out the agency's or department's [OFFICE'S] reasons for denial. 28 The single fee under this subsection must be 29 (1) confined to the distinct economic sector in which the petitioner is 30 or proposes to be engaged; 31 (2) where necessary, limited by geography, facility size or capacity, or 01 other relevant factors so as to provide a reasonable assurance that only similarly 02 situated activities, with respect to cost, are included within the fixed fee; and 03 (3) based on the estimated average reasonable direct cost of each 04 designated regulatory service required for the activity and the average fee customarily 05 charged for a regulatory service other than a designated regulatory service discounted 06 by the amount of savings that may be achieved by avoiding regulatory overlap and, 07 where applicable, coordinating multi-agency review of the activity to the maximum 08 extent possible. 09  * Sec. 26. AS 37.10.052(f) is amended to read: 10 (f) No action taken by a resource agency or the Department of Management  11 and Budget [OFFICE OF MANAGEMENT AND BUDGET] under (c) of this section 12 is subject to AS 44.62 (Administrative Procedure Act). 13  * Sec. 27. AS 37.15.730 is amended to read: 14 Sec. 37.15.730. Review of toll facility projects. A toll facility may be 15 financed under AS 37.15.610 - 37.15.760 if the following conditions are met for that 16 toll facility: 17 (1) the Department of Transportation and Public Facilities 18 [DEPARTMENT] submits to the governor and the legislature a feasibility study that 19 finds that the toll facility is financially feasible and able to produce revenue adequate 20 to repay the bonds with which it is financed; 21 (2) if financing in addition to revenue bonds is required to finance the 22 toll facility, the Department of Transportation and Public Facilities 23 [DEPARTMENT] submits to the governor and legislature a finance plan that includes 24 an estimate of the total cost of the toll facility and a description of the sources of 25 money that will be used to finance the total cost of the toll facility; and 26 (3) the Department of Management and Budget [OFFICE OF 27 MANAGEMENT AND BUDGET] reviews the feasibility study and the finance plan, 28 if required, and reports its findings and recommendations to the governor and 29 legislature not later than 90 days after the study and plan are received by the 30 Department of Management and Budget [OFFICE]. 31  * Sec. 28. AS 37.25.020 is amended to read: 01 Sec. 37.25.020. Unexpended balances of appropriation for capital projects.  02 An appropriation made for a capital project is valid for the life of the project, and the 03 unexpended balance shall be carried forward to subsequent fiscal years if substantial, 04 ongoing work on the project has begun within five years after the effective date of the 05 appropriation. Between July 1 and August 31 of each fiscal year, a statement 06 supporting the amount of the unexpended balance required to complete the projects for 07 which the initial appropriation was made and the amount that may be lapsed shall be 08 recorded with the Department of Administration. The Department of Management  09 and Budget [OFFICE OF MANAGEMENT AND BUDGET], in coordination with 10 the Department of Administration, shall deliver to the house and senate finance 11 committees a report of unexpended balances of appropriations for capital projects not 12 later than the 15th day of each regular session of the legislature. 13  * Sec. 29. AS 43.75.137 is amended to read: 14 Sec. 43.75.137. Additional refund. To the extent that appropriations are 15 available for the purpose, and notwithstanding the requirement of AS 37.07.080(e) 16 that the Department of Management and Budget approve [APPROVAL OF THE 17 OFFICE OF MANAGEMENT AND BUDGET IS REQUIRED], an amount equal to 18 50 percent of the tax revenue that is collected under this chapter from fisheries 19 businesses and is not subject to division with a municipality under AS 43.75.130 shall 20 be transmitted each fiscal year, without the approval of the Department of  21 Management and Budget [OFFICE OF MANAGEMENT AND BUDGET], by the 22 department to the Department of Commerce, Community, and Economic 23 Development for disbursal to eligible municipalities under AS 29.60.450. 24  * Sec. 30. AS 43.77.060(d) is amended to read: 25 (d) To the extent that appropriations are available for the purpose, and 26 notwithstanding the requirement of AS 37.07.080(e) that the Department of  27 Management and Budget approve [APPROVAL OF THE OFFICE OF 28 MANAGEMENT AND BUDGET IS REQUIRED], an amount equal to 50 percent of 29 the tax revenue that is collected under this chapter and is not subject to division with a 30 municipality under (a) - (c) of this section shall be transmitted each fiscal year, 31 without the approval of the Department of Management and Budget [OFFICE OF 01 MANAGEMENT AND BUDGET], by the department to the Department of 02 Commerce, Community, and Economic Development for disbursal to eligible 03 municipalities under AS 29.60.450. 04  * Sec. 31. AS 44.17.005 is amended to read: 05 Sec. 44.17.005. Offices and departments. There are in the state government 06 the following principal offices and departments: 07 (1) Office of the Governor 08 (2) Department of Administration 09 (3) Department of Law 10 (4) Department of Revenue 11 (5) Department of Education and Early Development 12 (6) Department of Health and Social Services 13 (7) Department of Labor and Workforce Development 14 (8) Department of Commerce, Community, and Economic 15 Development 16 (9) Department of Military and Veterans' Affairs 17 (10) Department of Natural Resources 18 (11) Department of Fish and Game 19 (12) Department of Public Safety 20 (13) Department of Transportation and Public Facilities 21 (14) Department of Environmental Conservation 22 (15) Department of Corrections; 23 (16) Department of Management and Budget. 24  * Sec. 32. AS 44 is amended by adding a new chapter to read: 25 Chapter 22. Department of Management and Budget.  26 Sec. 44.22.010. Commissioner of management and budget. The principal 27 executive officer of the Department of Management and Budget is the commissioner 28 of management and budget. 29 Sec. 44.22.020. Powers and duties of the commissioner. (a) The 30 commissioner shall 31 (1) supervise and administer the activities of the department; 01 (2) advise the governor on matters of comprehensive state planning. 02 (b) The commissioner may 03 (1) enter into contracts and subcontracts on behalf of the state to carry 04 out the provisions of this chapter; contracting under this paragraph is governed by 05 AS 36.30 (State Procurement Code); 06 (2) on behalf of the state, initiate, investigate, evaluate, or participate 07 in any program related to the stated purpose of this chapter that involves more than 08 one government or governmental unit; 09 (3) on behalf of the state, accept and expend a gift or grant made to the 10 state if the gift or grant is made for the purpose of furthering the objectives of the 11 department; 12 (4) establish coordinating or advisory planning groups. 13 Sec. 44.22.030. Powers and duties of the department. (a) The department 14 shall 15 (1) provide technical assistance to the governor and the legislature in 16 identifying long-range goals and objectives for the state and its political subdivisions; 17 (2) prepare and maintain a state comprehensive development plan; 18 (3) provide information and assistance to state agencies to aid in 19 governmental coordination and unity in the preparation of agency plans and programs; 20 (4) review planning within state government as may be necessary for 21 receipt of federal, state, or other funds; 22 (5) participate with other countries, provinces, states, or their 23 subdivisions in international or interstate planning, and assist the state's local 24 governments, governmental conferences, and councils in planning and coordinating 25 their activities; 26 (6) encourage educational and research programs that further state 27 planning and development, and provide administrative and technical services for the 28 programs; 29 (7) publish statistical information or other documentary material that 30 will further the provisions and intent of this chapter; 31 (8) assist the governor and the Department of Commerce, Community, 01 and Economic Development in coordinating state agency activities that aim to solve 02 local and regional development problems; 03 (9) serve as a clearinghouse for information, data, and other materials 04 that may be helpful or necessary to federal, state, or local governmental agencies in 05 discharging their respective responsibilities or in obtaining federal or state financial or 06 technical assistance; 07 (10) review any proposals for the location of capital improvements by 08 a state agency and advise the agency and make recommendations concerning location 09 of the capital improvements; 10 (11) conduct internal audits of agencies and programs within the 11 executive branch of state government; 12 (12) coordinate its services and activities with the services and 13 activities of other state departments and agencies to the fullest extent possible to avoid 14 duplication; 15 (13) cooperate with the University of Alaska and other appropriate 16 public and private institutions in research and investigations. 17 (b) The department shall, in carrying out its functions, consult with local, 18 regional, state, and federal officials, private groups and individuals, and officials of 19 other countries, provinces, and states, and may hold public hearings to obtain 20 information for the purpose of carrying out the provisions of this chapter. 21 Sec. 44.22.040. Internal audit records. The department shall keep a complete 22 file of internal audit reports resulting from audits conducted under AS 44.22.030(a) 23 and a complete file of the internal audit work papers and other related supportive 24 material. Internal audit work papers and other related supportive material are 25 confidential, except that internal audit work papers and other related supportive 26 material containing information, data, estimates, and statistics obtained during the 27 course of an audit conducted under AS 44.22.030(a) may be kept confidential only to 28 the extent required by law applicable to the agency from which the material is or was 29 obtained. Internal audit reports are confidential until released by the governor. 30 Sec. 44.22.100. Definitions. In this chapter, 31 (1) "commissioner" means the commissioner of management and 01 budget; 02 (2) "department" means the Department of Management and Budget. 03  * Sec. 33. AS 44.42.067(d) is amended to read: 04 (d) Not later than January 1 of each year, the department, in consultation with 05 the Department of Administration, shall submit a report to the legislature detailing the 06 department's progress in meeting the requirements of this section to reduce state 07 energy consumption and costs and carrying out the duties listed in AS 44.42.020 as 08 they relate to energy use. The department shall include in the report an analysis of the 09 consumption and expense data recorded by the Department of Management and  10 Budget [OFFICE OF MANAGEMENT AND BUDGET] under AS 37.07.040, 11 comparing energy consumption levels in each year with past years to determine if 12 reductions are being achieved. 13  * Sec. 34. AS 44.66.040(b) is amended to read: 14 (b) The review team shall analyze materials relevant to the performance of the 15 agency, including 16 (1) all material provided under AS 44.66.020(c)(4); 17 (2) a 10-year growth history and a 10-year projection of agency 18 expenses by funding source, prepared by the Department of Management and  19 Budget [OFFICE OF MANAGEMENT AND BUDGET]; 20 (3) organizational charts, personnel charts by location that show the 21 number of positions and the functions of each position, and a list of transfers of 22 personal services funding to or from other line items within the agency during the 23 preceding 10 years, prepared by the Department of Management and Budget 24 [OFFICE OF MANAGEMENT AND BUDGET]; 25 (4) audit information, including a list of agency audit 26 recommendations, prepared by the legislative audit division; 27 (5) a list of any financial issues relating to the agency's operating or 28 capital expenditures, prepared by the legislative finance division; 29 (6) an explanation of the function and procedure for dedicated funds or 30 any other special funds in the agency, prepared by the legislative finance division; 31 (7) a 10-year history of any budget ratifications or supplemental 01 budget requests, prepared by the legislative finance division; and 02 (8) analysis and summary of confidential information that the review 03 team may request, through the Legislative Budget and Audit Committee, from the 04 legislative audit division, if necessary to complete the team's review. 05  * Sec. 35. AS 47.30.046(b) is amended to read: 06 (b) When the authority submits its proposed budget under (a) of this section, 07 the authority shall also provide a report to the Legislative Budget and Audit 08 Committee, the governor, the Department of Management and Budget [OFFICE 09 OF MANAGEMENT AND BUDGET], the commissioner of health and social 10 services, and all entities providing services with money in the mental health trust 11 settlement income account, and shall make it available to the public. The report must 12 describe at least the following: 13 (1) the assets, earnings, and expenditures of the trust as of the end of 14 the preceding fiscal year; 15 (2) comparisons of the trust's assets, earnings, and expenditures with 16 the prior five fiscal years; 17 (3) projections of the trust's assets, earnings, and expenditures for the 18 next five fiscal years; 19 (4) the authority's budget recommendations submitted under (a) of this 20 section, and its reasons for making those recommendations; 21 (5) the authority's guidelines for the establishment of services; the 22 provision of services shall be based on the principle that services paid for from the 23 trust are provided to recipients as close to the recipient's home and family as practical 24 with due consideration of demographics, mental health service requirements, use of 25 mental health services, economic feasibility, and capital expenditures required for 26 provision of minimum levels of service; 27 (6) forecasts of the number of persons needing services; 28 (7) projections of the resources required to provide the necessary 29 services and facilities; and 30 (8) reviews of the status of the integrated comprehensive mental health 31 program, including evaluation of program goals, objectives, targets and timelines, and 01 overall effectiveness. 02  * Sec. 36. AS 37.07.120(9); AS 44.19.141, 44.19.142, 44.19.143, 44.19.144, 44.19.145, 03 44.19.147, and 44.19.152 are repealed. 04  * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION. (a) Litigation, hearings, investigations, and other proceedings pending 07 under a law repealed by this Act, or in connection with functions transferred by this Act, 08 continue in effect and may be completed notwithstanding a transfer of functions or repeal 09 provided for in this Act. 10 (b) Contracts, rights, liabilities, and obligations created by or under a law repealed by 11 this Act, and in effect on the day before the effective date of the repeal, remain in effect 12 notwithstanding this Act's taking effect. 13 (c) Records, equipment, appropriations, and other property of the office of 14 management and budget shall be transferred to the Department of Management and Budget. 15  * Sec. 38. This Act takes effect July 1, 2020.