00 HOUSE BILL NO. 58 01 "An Act relating to the office of public advocacy; and relating to the public advocate." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 13.26.750(a) is amended to read: 04 (a) The public advocate [COMMISSIONER OF ADMINISTRATION] may 05 establish by regulation a schedule of reasonable fees for the costs of the public 06 guardian's services. The fee schedule established may be based on [UPON] the ability 07 of the ward or protected person to pay for guardian services but may not exceed the 08 actual cost of providing public guardian services. The office of public advocacy shall 09 charge and collect the fees established under this subsection, but may waive collection 10 of a fee upon a finding that collection is not economically feasible or in the public 11 interest. 12  * Sec. 2. AS 36.30.305(a) is amended to read: 13 (a) A construction contract under $100,000, or a contract for supplies, 14 services, or professional services, may be awarded without competitive sealed bidding 15 or competitive sealed proposals, in accordance with regulations adopted by the 01 commissioner. A contract may be awarded under this section only when the chief 02 procurement officer determines in writing that a situation exists that makes 03 competitive sealed bidding or competitive sealed proposals impractical or contrary to 04 the public interest, except that the attorney general, the public defender, or the public  05 advocate [DIRECTOR OF THE OFFICE OF PUBLIC ADVOCACY] as provided in 06 AS 36.30.015(k) may make the determination for services of legal counsel, and the 07 commissioner of transportation and public facilities may make the determination for 08 construction contracts under $100,000, leases of space, or procurements for the state 09 equipment fleet. Procurements under this section shall be made with competition that 10 is practicable under the circumstance. Except for procurements of supplies, services, 11 professional services, or construction that do not exceed the amount for small 12 procurements under AS 36.30.320(a), as applicable, the authority to make a 13 determination required by this section may not be delegated. 14  * Sec. 3. AS 36.30.850(b) is amended to read: 15 (b) This chapter applies to every expenditure of state money by the state, 16 acting through an agency, under a contract, except that this chapter does not apply to 17 (1) grants; 18 (2) contracts for professional witnesses to provide for professional 19 services or testimony relating to 20 (A) existing or probable lawsuits in which the state is or may 21 become a party; or 22 (B) litigation in which the Public Defender Agency or the 23 office of public advocacy has been appointed to represent a person; 24 (3) contracts of the University of Alaska where the work is to be 25 performed substantially by students enrolled in the university; 26 (4) contracts for medical doctors and dentists; 27 (5) acquisitions or disposals of real property or interest in real 28 property, except as provided in AS 36.30.080 and 36.30.085; 29 (6) disposals under AS 38.05; 30 (7) contracts for the transportation of ballots under AS 15; 31 (8) acquisitions or disposals of property and other contracts relating to 01 airports under AS 02.15.070, 02.15.090, 02.15.091, and AS 44.88; 02 (9) disposals of obsolete property under AS 19.05.060; 03 (10) disposals of obsolete material or equipment under AS 35.20.060; 04 (11) agreements with providers of services under AS 47.25.071 - 05 47.25.095; AS 47.07; AS 47.08; AS 47.10; AS 47.12; AS 47.14; AS 47.17; AS 47.24; 06 and AS 47.27, including contractors under AS 47.27.050; 07 (12) contracts of the Department of Fish and Game for flights that 08 involve specialized flying and piloting skills and are not point-to-point; 09 (13) purchases of income-producing assets for the state treasury or a 10 public corporation of the state; 11 (14) a contract that is a delegation, in whole or in part, of investment 12 powers held by 13 (A) the commissioner of revenue under AS 14.42.200, 14 14.42.210, AS 18.56.095, AS 37.10.070, 37.10.071, or AS 37.14; 15 (B) the Board of Regents of the University of Alaska under 16 AS 14.40.250 - 14.40.491; 17 (15) a contract that is a delegation, in whole or in part, of investment 18 powers or fiduciary duties of 19 (A) the Board of Trustees of the Alaska Permanent Fund 20 Corporation under AS 37.13; 21 (B) the Alaska Mental Health Trust Authority under 22 AS 37.14.001 - 37.14.099; 23 (16) the purchase of books, book binding services, newspapers, 24 periodicals, audio-visual materials, network information services access, approval 25 plans, professional memberships, archival materials, objects of art, and items for 26 museum or archival acquisition having cultural, historical, or archaeological 27 significance; in this paragraph 28 (A) "approval plans" means book selection services in which 29 current book titles meeting an agency's customized specifications are provided 30 to the agency subject to the right of the agency to return those books that do 31 not meet with the agency's approval; 01 (B) "archival materials" means the noncurrent records of an 02 agency that are preserved after appraisal because of their value; 03 (C) "audio-visual materials" means nonbook prerecorded 04 materials, including records, tapes, slides, transparencies, films, filmstrips, 05 cassettes, videos, compact discs, laser discs, and items that require the use of 06 equipment to render them usable; 07 (D) "network information services" means a group of resources 08 from which cataloging information, holdings records, inter-library loans, 09 acquisitions information, and other reference resources can be obtained; 10 (17) contracts for the purchase of standardized examinations for 11 licensure under AS 08; 12 (18) contracts for home health care provided under regulations adopted 13 by the Department of Health and for adult residential care services provided under 14 regulations adopted by the Department of Health or by the Department of 15 Administration; 16 (19) contracts for supplies or services for research projects funded by 17 money received from the federal government or private grants; 18 (20) guest speakers or performers for an educational or cultural 19 activity; 20 (21) contracts of the Alaska Industrial Development and Export 21 Authority for a clean coal technology demonstration project that 22 (A) is attempting to develop a coal-fired electric generation 23 project; 24 (B) uses technology that is capable of commercialization 25 during the 1990's; and 26 (C) qualifies for federal financial participation under P.L. 99- 27 190 as amended; 28 (22) operation and protection of assets or disposals of equipment and 29 supplies acquired through foreclosure or other legal proceedings relating to loans 30 issued under AS 03.10; 31 (23) purchases of curatorial and conservation services to maintain, 01 preserve, and interpret 02 (A) objects of art; and 03 (B) items having cultural, historical, or archaeological 04 significance to the state; 05 (24) acquisition of confidential seismic survey data necessary for pre- 06 sale oil and gas lease or gas only lease analyses under AS 38.05.180; 07 (25) contracts for village public safety officers; 08 (26) purchases of supplies and services to support the operations of the 09 Alaska state troopers or law enforcement officers engaged in fish and wildlife 10 protection if the procurement officer for the Department of Public Safety makes a 11 written determination that publicity of the purchases would jeopardize the safety of 12 personnel or the success of a covert operation; 13 (27) expenditures when rates are set by law or ordinance; 14 (28) construction of new vessels by the Department of Transportation 15 and Public Facilities for the Alaska marine highway system; 16 (29) contracts entered into with a regional development organization; 17 in this paragraph, "regional development organization" means a nonprofit organization 18 or nonprofit corporation formed to encourage economic development within a 19 particular region of the state that includes the entire area of each municipality within 20 that region and that has a board of directors that represents the region's economic, 21 political, and social interests; 22 (30) contracts that are to be performed in an area outside of the country 23 and that require a knowledge of the customs, procedures, rules, or laws of the area; 24 (31) contracts that are between the 25 (A) Department of Law and attorneys who are not employed by 26 the state and that are for the review or prosecution of possible violations of the 27 criminal law of the state in situations where the attorney general concludes that 28 an actual or potential conflict of interest makes it inappropriate for the 29 Department of Law to review or prosecute the possible violations; and 30 (B) Public Defender Agency or the office of public advocacy 31 and attorneys who are not employed by the state and that are for the review or 01 defense of possible violations of the criminal law of the state in situations 02 where the public defender or the public advocate [DIRECTOR OF THE 03 OFFICE OF PUBLIC ADVOCACY] concludes that an actual or potential 04 conflict of interest makes it inappropriate for the Public Defender Agency or 05 the office of public advocacy to review or defend the possible violations; 06 (32) contracts between the Department of Natural Resources and 07 contractors qualified to evaluate hydrocarbon development, production, transportation, 08 and economics, to assist the commissioner of natural resources in evaluating 09 applications for royalty increases or decreases or other royalty adjustments, and 10 evaluating the related financial and technical data, entered into under AS 38.05.180(j); 11 (33) contracts of the Alaska Industrial Development and Export 12 Authority made with the developer of an integrated transportation and port facility 13 owned by the authority; 14 (34) procurements of contracts with the media for advertising; 15 (35) contracts between the state medical examiner and a provider of 16 medical services to perform or assist in performing the duties assigned to the state 17 medical examiner in AS 12.65.020; 18 (36) contracts between the commissioner of revenue and an 19 independent contractor under AS 43.82.240; 20 (37) contracts for a convener under AS 44.62.730 or for a facilitator 21 under AS 44.62.760 related to a negotiated regulation making process under 22 AS 44.62.710 - 44.62.800; 23 (38) grants and contracts with qualified entities for services under 24 AS 47.18.330 for the foster care transition program; 25 (39) contracts for travel services, including airplane travel, hotel 26 accommodations, and travel agency services, but excluding motor vehicle rentals; 27 (40) contracts of the Alaska Commission on Postsecondary Education 28 or the Alaska Student Loan Corporation for the guarantee and disbursing of financial 29 aid money to institutions of postsecondary education under the financial aid programs 30 under AS 14.43.091 - 14.43.750 and AS 14.44.025; 31 (41) contracts for an arbitration panel to determine whether a project is 01 uneconomic under AS 43.90.240, and contracts for the development of application 02 provisions for licensure and for the evaluation of those applications under AS 43.90; 03 (42) contracts for delivery of home heating assistance under 04 AS 47.25.626; 05 (43) contracts of the Alaska Pension Obligation Bond Corporation 06 under AS 37.16.010 - 37.16.900; 07 (44) the Alaska Gasline Development Corporation (AS 31.25) and 08 subsidiaries of the Alaska Gasline Development Corporation; 09 (45) contracts for professional and technical services by the 10 Department of Natural Resources to support the development of agreements and 11 contracts under AS 38.05.020(b)(10) and (11); 12 (46) contracts of the Department of Law developed with client 13 participation for legal services related to an Alaska liquefied natural gas project as that 14 project is defined in AS 31.25.390, except that, to the extent practicable, the 15 Department of Law shall use the procurement process under AS 36.30.320 with the 16 participation of the client; 17 (47) contracts of the Department of Education and Early Development 18 for student assessments required under AS 14.03.123 and AS 14.07.020; 19 (48) a contract under AS 06.65; 20 (49) contracts of the Alaska Tax Credit Certificate Bond Corporation 21 under AS 37.18; 22 (50) overriding royalty interest agreements under AS 44.37.230; 23 (51) contracts between a registry and the Department of Natural 24 Resources under AS 38.95.400 - 38.95.499; in this paragraph, "registry" has the 25 meaning given in AS 38.95.499. 26  * Sec. 4. AS 44.21.400 is amended to read: 27 Sec. 44.21.400. Public advocacy office established. There is created in the 28 Department of Administration the office of public advocacy. The office is  29 administered by the public advocate.  30  * Sec. 5. AS 44.21 is amended by adding a new section to read: 31 Sec. 44.21.405. Appointment, removal, and vacancy. (a) The governor shall 01 appoint the public advocate from among two or more persons nominated for that 02 position by the judicial council. The appointment is subject to confirmation by a 03 majority of the members of the legislature in joint session. The public advocate shall 04 serve a term of four years. If the governor decides to retain the public advocate for 05 another term, the governor need not call for nominations from the judicial council; 06 however, the retention must be approved by a majority of the members of the 07 legislature in joint session. 08 (b) The public advocate is subject to removal by the governor for good cause. 09 If the public advocate is removed, the governor shall submit a report stating the 10 reasons for removal to the senate secretary and the chief clerk of the house of 11 representatives and notify the legislature that the report is available. The governor 12 shall submit the report within 10 days after the action has been taken if the legislature 13 is in session or, if the legislature is not in session, within 10 days after the convening 14 of the next regular or special session. 15 (c) A person is not eligible to be the public advocate unless admitted to the 16 practice of law in this state not later than 10 months following the commencement of 17 the person's employment by the office. 18 (d) If the position of public advocate becomes vacant for any reason, the 19 governor may appoint an acting public advocate to serve until the regular appointment 20 procedures under (a) of this section are complied with. The governor and the judicial 21 council shall act under (a) of this section as soon as possible after the vacancy occurs. 22 A person appointed under (a) of this section to fill a vacancy begins a new four-year 23 term. 24  * Sec. 6. AS 44.21.410(a) is amended to read: 25 (a) The office of public advocacy shall 26 (1) perform the duties of the public guardian under AS 13.26.700 - 27 13.26.750; 28 (2) provide guardian ad litem services to children in child protection 29 actions under AS 47.17.030(e) and to wards and respondents in guardianship 30 proceedings who will suffer financial hardship or become dependent on [UPON] a 31 government agency or a private person or agency if the services are not provided at 01 state expense under AS 13.26.041; 02 (3) provide legal representation in cases involving judicial bypass 03 procedures for minors seeking abortions under AS 18.16.030, in guardianship 04 proceedings to respondents who are financially unable to employ attorneys under 05 AS 13.26.226(b), to indigent parties in cases involving child custody in which the 06 opposing party is represented by counsel provided by a public agency, and to indigent 07 parents or guardians of a minor respondent in a commitment proceeding concerning 08 the minor under AS 47.30.775; 09 (4) provide legal representation and guardian ad litem services under 10 AS 25.24.310; in cases arising under AS 47.15 (Interstate Compact for Juveniles); in 11 cases involving petitions to adopt a minor under AS 25.23.125(b) or petitions for the 12 termination of parental rights under AS 25.23.180(c)(2); in cases involving petitions to 13 remove the disabilities of a minor under AS 09.55.590; in children's proceedings under 14 AS 47.10.050(a) or under AS 47.12.090; in cases involving appointments under 15 AS 18.66.100(a) in petitions for protective orders on behalf of a minor; and in cases 16 involving indigent persons who are entitled to representation under AS 18.85.100 and 17 who cannot be represented by the public defender agency because of a conflict of 18 interests; 19 (5) develop and coordinate a program to recruit, select, train, assign, 20 and supervise volunteer guardians ad litem from local communities to aid in delivering 21 services in cases in which the office of public advocacy is appointed as guardian ad 22 litem; 23 (6) provide [PROVIDE] guardian ad litem services in proceedings 24 under AS 12.45.046 or AS 18.15.355 - 18.15.395; 25 (7) establish a fee schedule and collect fees for services provided by 26 the office, except as provided in AS 18.85.120 or when imposition or collection of a 27 fee is not in the public interest as defined under regulations adopted by the public  28 advocate [COMMISSIONER OF ADMINISTRATION]; 29 (8) provide guardians ad litem in proceedings under AS 47.30.839; 30 (9) provide legal representation to an indigent parent of a child with a 31 disability; in this paragraph, "child with a disability" has the meaning given in 01 AS 14.30.350; 02 (10) investigate complaints and bring civil actions under 03 AS 44.21.415(a) involving fraud committed against residents of the state who are 60 04 years of age or older; in this paragraph, "fraud" has the meaning given in 05 AS 44.21.415. 06  * Sec. 7. AS 44.21.410(b) is amended to read: 07 (b) The public advocate [COMMISSIONER OF ADMINISTRATION] may 08 (1) adopt regulations that the public advocate [COMMISSIONER] 09 considers necessary to implement AS 44.21.400 - 44.21.470; 10 (2) report on the operation of the office of public advocacy when 11 requested by the governor or legislature or when required by law; 12 (3) solicit and accept grants of funds from governments and from 13 persons, and allocate or restrict the use of those funds as required by the grantor. 14  * Sec. 8. AS 44.21.415(c) is amended to read: 15 (c) In addition to the functions described under (a) and (b) of this section, the 16 office of elder fraud and assistance shall provide information, referrals, and other 17 assistance to older Alaskans who are victims of fraud and make recommendations to 18 the public advocate [COMMISSIONER] for regulations on eligibility for assistance 19 needed to implement this section. 20  * Sec. 9. AS 44.21.415(e) is amended to read: 21 (e) Subject to the discretion of the court and standards established in 22 regulation adopted by the public advocate [COMMISSIONER OF 23 ADMINISTRATION] and taking into consideration the financial condition of the 24 parties to a civil suit brought under this section, the office of public advocacy may 25 seek recovery of all or part of litigation costs and fees from any party, including costs 26 incurred during the investigation of the case, when the office of public advocacy is 27 found to be a prevailing party after trial or settlement negotiation. The office of public 28 advocacy shall enter into a fee agreement with a client that is consistent with this 29 section, the Alaska Rules of Court, and the Alaska Rules of Professional Conduct. 30  * Sec. 10. AS 44.21.420 is amended to read: 31 Sec. 44.21.420. Employment of office personnel. (a) The public advocate 01 [COMMISSIONER OF ADMINISTRATION] may employ guardians ad litem, public 02 guardians, clerical staff, and other assistants that the public advocate 03 [COMMISSIONER] determines are needed to perform the duties set out in 04 AS 44.21.410. Employees under this subsection are in the classified service under 05 AS 39.25.100.  06 (b) The public advocate [COMMISSIONER OF ADMINISTRATION] may 07 employ attorneys needed to perform the duties set out in AS 44.21.410. Attorneys 08 employed [BY THE COMMISSIONER OF ADMINISTRATION] in the office of 09 public advocacy are in the partially exempt service under AS 39.25.120. 10 (c) The public advocate [COMMISSIONER] may contract with attorneys to 11 provide legal representation, and with other persons to provide guardian ad litem 12 services, as needed to perform the duties set out in AS 44.21.410. The public  13 advocate [COMMISSIONER] may determine the rate of compensation for contractual 14 services, taking into account the time involved, the skill and experience required, and 15 other pertinent factors. 16  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION. (a) Orders and regulations issued or adopted by the commissioner of 19 administration under authority of a law amended by this Act remain in effect for the term 20 issued, or until revoked, vacated, or otherwise modified under the provisions of this Act. All 21 contracts, rights, liabilities, and obligations created by or under a law amended by this Act 22 and in effect on the effective date of this Act remain in effect notwithstanding this Act's 23 taking effect. 24 (b) Notwithstanding AS 44.21.405, enacted by sec. 5 of this Act, the individual 25 employed as the director of the office of public advocacy on the day before the effective date 26 of this Act may serve as the public advocate until the governor appoints a new public 27 advocate.