HB 111: "An Act eliminating, consolidating, changing the membership requirements of, and transferring the duties of various boards, commissions, councils, panels, authorities, corporations, foundations, and similar entities of state government; and providing for an effective date."
00HOUSE BILL NO. 111 01 "An Act eliminating, consolidating, changing the membership requirements of, and 02 transferring the duties of various boards, commissions, councils, panels, authorities, 03 corporations, foundations, and similar entities of state government; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 03.17.010 is amended to read: 07 Sec. 03.17.010. DUTIES OF THE DIRECTOR. The director shall [(1)] 08 administer and enforce this chapter [, (2) ENFORCE THIS CHAPTER] and the 09 provisions of marketing orders issued under this chapter [, AND (3) HAVE AN 10 ACCOUNTING MADE OF THE FUNDS HELD BY THE BOARD AT LEAST 11 ANNUALLY]. 12 * Sec. 2. AS 03.17.040(a) is amended to read: 13 (a) Subject to AS 03.17.060 and the Administrative Procedure Act (AS 44.62), 14 [AND WITH THE ADVICE OF THE BOARD,] the director may issue, amend, or
01 repeal marketing orders to regulate the marketing of milk in specified regions of the 02 state. A milk marketing order may be issued to 03 (1) establish orderly marketing of milk; 04 (2) provide for uniform grading and classification of milk; 05 (3) provide for the proper preparation of milk for market; 06 (4) ensure [INSURE] an adequate supply of milk; 07 (5) eliminate unfair competitive practices; 08 (6) assist producers to adjust to changing conditions; 09 (7) maintain incentive for the production of high quality milk under the 10 most sanitary conditions; 11 (8) conduct research and provide information for the benefit of the 12 producer and the consumer. 13 * Sec. 3. AS 03.17.050(a) is amended to read: 14 (a) A marketing order may direct that 15 (1) a determination be made whether a surplus of milk exists and, if 16 so, its extent; 17 (2) a surplus be disposed of with a proration of the burden of any loss 18 among the handlers; 19 (3) the quantity, class, or grade of milk sold for a certain period be 20 limited; 21 (4) the quantity a producer may sell be limited, based upon the quantity 22 available, the quantities previously handled, or both; 23 (5) the quantity or grade a handler may handle during specified periods, 24 based upon the quantity a handler has available, or quantities previously handled, or 25 both; 26 (6) there be specified periods during which a particular grade of milk 27 may be distributed; 28 (7) a surplus pool of milk or a class or grade of milk be formed and 29 the milk sold, and the proceeds of sale be equitably distributed; 30 (8) milk be inspected, graded, and classified, or any of these; 31 (9) an assessment, not to exceed three percent of value, be levied on
01 the sale of milk to provide a fund for advertising and [,] sales promotion [, AND THE 02 EXPENSES OF THE BOARD]; 03 (10) prices at which a grade, class, or quantity will be sold be posted; 04 (11) milk be labeled; 05 (12) stations be established for the receiving and weighing of milk, and 06 the collection of assessments; 07 (13) cooperative investigations or undertakings be entered into with 08 other state or federal agencies. 09 * Sec. 4. AS 09.25.115(g) is amended to read: 10 (g) Each public agency shall establish the fees for the electronic services and 11 products provided under this section. The commissioner of administration 12 [TELECOMMUNICATIONS INFORMATION COUNCIL] may cancel the fees 13 established by a public agency in the executive branch, except the fees of the 14 University of Alaska and the Alaska Railroad Corporation, if the commissioner 15 [COUNCIL] determines that the fees are unreasonably high. 16 * Sec. 5. AS 09.25.123(a) is amended to read: 17 (a) The Department of Administration [TELECOMMUNICATIONS 18 INFORMATION COUNCIL] shall supervise and adopt regulations for the operation 19 and implementation of AS 09.25.110 - 09.25.140 by public agencies in the executive 20 branch, except the Alaska Railroad Corporation. 21 * Sec. 6. AS 12.62.010(a) is amended to read: 22 (a) The Department of Public Safety may [GOVERNOR'S COMMISSION 23 ON THE ADMINISTRATION OF JUSTICE ESTABLISHED UNDER AS 44.19.110 24 - 44.19.122 IS AUTHORIZED], after appropriate consultation with representatives of 25 state and local law enforcement agencies participating in information systems covered 26 by this chapter, [TO] adopt regulations and procedures considered necessary to 27 facilitate and regulate the exchange of criminal justice information and to ensure the 28 security and privacy of criminal justice information systems. The notice and hearing 29 requirements of the Administrative Procedure Act (AS 44.62), relating to the adoption 30 of regulations, apply to regulations adopted under this chapter. 31 * Sec. 7. AS 12.62.070(1) is repealed and reenacted to read:
01 (1) "department" means the Department of Public Safety. 02 * Sec. 8. AS 14.40.095(b) is amended to read: 03 (b) The center may 04 (1) provide support for education, training, and research in information 05 technologies to students, professionals, and the general public; 06 (2) support research on the applications, effects, and management of 07 information technologies and provide research results to the general public; 08 (3) maintain an inventory of telecommunication research in the state; 09 (4) develop and maintain a collection that includes state documents, 10 research reports, and other telecommunication applications materials including 11 videotapes, software, lesson plans, and scripts; 12 (5) support the development and expansion of the geographic 13 information system curriculum of the University of Alaska, including the possible 14 establishment of undergraduate and masters programs; 15 (6) develop and sponsor land record and geographic information system 16 training workshops and continuing education seminars in cooperation with the 17 appropriate departments of the university; 18 (7) support or undertake research projects that apply geographic 19 information technology to state issues and problems; 20 (8) provide information on the availability of federal, state, municipal, 21 and other sources of geographic information, including aerial photography and digital 22 data bases related to surveying and land records, natural resource inventories, and 23 related data; 24 (9) prepare and publish on a regular basis research findings and 25 periodicals relating to the center's activities; 26 (10) assist state agencies and municipalities in the development of 27 policies, procedures, and capabilities for public access to automated geographic 28 information; 29 (11) recommend, in consultation with [THE 30 TELECOMMUNICATIONS INFORMATION COUNCIL AND] affected state and 31 local agencies and advisory boards, model standards and strategies relating to the
01 implementation, indexing, documentation, mapping, data exchange, and other aspects 02 of land records management and geographic information system development. 03 * Sec. 9. AS 14.43.310(b) is amended to read: 04 (b) To assist the administering authority in selecting eligible applicants for 05 award of each of the memorial scholarship loans under AS 14.43.250 - 14.43.325 and 06 in reviewing the memorial scholarship loan program, the following advisory 07 committees are established: 08 (1) three Alaska state troopers, each one to be selected from and to 09 represent a state trooper region of the state by the regional commander to serve for 10 three years, for the Michael Murphy memorial scholarship; 11 (2) three employees of the Department of Public Safety [MEMBERS 12 OF THE GOVERNOR'S COMMISSION ON THE ADMINISTRATION OF 13 JUSTICE] selected annually by the commissioner of public safety [COMMISSION 14 FROM AMONG ITS MEMBERSHIP], for the Carroll L. "Butch" Swartz memorial 15 scholarship; 16 (3) three members of the state Board of Registration for Architects, 17 Engineers and Land Surveyors selected annually by the board from among its engineer 18 members, for the Harvey Golub memorial scholarship; and 19 (4) three members of the state Board of Education, or of the staff of 20 the Department of Education, or any combination of these, selected annually by the 21 board, for the Robert L. Thomas memorial scholarship. 22 * Sec. 10. AS 16.45.030 is amended to read: 23 Sec. 16.45.030. ALASKA REPRESENTATIVES. In furtherance of the 24 compact provisions, there are three members of the commission from the State of 25 Alaska, appointed by the governor and confirmed by the legislature in joint session. 26 One commissioner must be the administrative or other officer of the Alaska 27 Department of Fish and Game charged with the conservation of the state's marine 28 fisheries resource; another commissioner must be a member of the legislature of this 29 state who is a member of the committee on resources; and another member must be 30 a member of the Board of Fisheries under AS 16.05.221 [CITIZEN OF THIS 31 STATE WHO HAS A WIDE KNOWLEDGE OF AND INTEREST IN THE MARINE
01 FISHERIES PROBLEM]. 02 * Sec. 11. AS 41.10.100 is amended by adding a new subsection to read: 03 (c) The board shall also inform and advise the governor on all matters relating 04 to the use and appropriation of water in the state, including 05 (1) the effect and adequacy of state laws and regulations governing the 06 establishment of water rights; 07 (2) the multi-purpose uses of water; 08 (3) the prevention of pollution and the protection of fish and game; 09 (4) studies of the state's water supplies and plans for future 10 requirements; 11 (5) development of water resources; 12 (6) participation of local governmental units in the management of 13 water resources; 14 (7) land that is or may be needed for dams, reservoirs, flood dams, 15 flood ways, canals, or ditches for the impoundment, storage, flow, and control of 16 water. 17 * Sec. 12. AS 41.15.315(a) is amended to read: 18 (a) The Haines State Forest Resource Management Area shall be managed 19 under the principles of multiple use and sustained yield, under AS 41.17, and under 20 a management plan prepared by the department. The plan may not be adopted or 21 revised without a prior [REVIEW BY THE BOARD OF FORESTRY OR WITHOUT 22 A] public hearing held in Haines and Klukwan. 23 * Sec. 13. AS 41.15.320(a) is amended to read: 24 (a) A copy of a management plan and any revision to it prepared by the 25 department [, REVIEWED BY THE BOARD OF FORESTRY] and adopted by the 26 department after public hearings required under AS 41.15.315(a) shall be provided to 27 the legislature within 30 days of its adoption or revision or within the first 10 days of 28 the first session of the legislature to convene after its adoption or revision. 29 * Sec. 14. AS 41.17.020(b) is amended to read: 30 (b) The division shall be headed by a director who shall be the state forester, 31 appointed to the partially exempt service in accordance with law by the commissioner
01 [, FROM A LIST OF TWO OR MORE CANDIDATES SUBMITTED BY THE 02 BOARD. THE COMMISSIONER MAY REJECT ALL CANDIDATES, IN WHICH 03 CASE THE BOARD SHALL SUBMIT A NEW LIST]. The state forester shall be a 04 natural resources land manager with generally accepted educational credentials, 05 familiar and experienced with the renewable and nonrenewable resources and the 06 values of forest land and the products, benefits, and services obtained from them. 07 * Sec. 15. AS 41.17.055(g) is amended to read: 08 (g) The commissioner may take other actions necessary and proper for the 09 administration of this chapter, including the adoption of regulations under the 10 Administrative Procedure Act (AS 44.62) [AND AS 41.17.047]. 11 * Sec. 16. AS 41.17.070(b) is amended to read: 12 (b) To maintain a record of division decision making for public and agency 13 review, the commissioner shall compile and index each decision made under this 14 chapter regarding directives, stop work orders, waivers from requirements, decisions 15 of hearing officers, and decisions on appeals. [THE COMMISSIONER SHALL 16 SUBMIT A SUMMARY OF THIS RECORD ANNUALLY TO THE BOARD.] 17 * Sec. 17. AS 41.17.230(c) is amended to read: 18 (c) A management plan may not be adopted or revised after the establishment 19 of the state forest without prior review by [THE BOARD OF FORESTRY AND BY] 20 other appropriate state agencies or without prior public hearings held in a community 21 proximately located to the state forest or to a unit of a state forest. 22 * Sec. 18. AS 44.21.150 is amended to read: 23 Sec. 44.21.150. DECLARATION OF PURPOSE. It is the purpose of 24 AS 44.21.150 - 44.21.170 to designate the Department of Administration as the 25 department responsible for the operation and management of automatic data processing 26 resources and activities of the executive and legislative branches of state government 27 and the judicial branch to the extent requested by that branch [, TO PROVIDE FOR 28 COOPERATION BETWEEN THE DEPARTMENT AND THE 29 TELECOMMUNICATIONS INFORMATION COUNCIL IN THE OFFICE OF THE 30 GOVERNOR,] and to provide for periodic review of state automatic data processing 31 procedures and mechanisms. It is further the purpose of these sections to encourage
01 cooperation between the state government and local governments in the use of 02 automatic data processing systems. 03 * Sec. 19. AS 44.21 is amended by adding a new section to read: 04 Sec. 44.21.155. INFORMATION SYSTEMS PLAN. (a) The department shall 05 (1) establish guidelines and prepare a state short-range and long-range 06 information systems plan to meet state needs; 07 (2) in accordance with the state information systems plan, establish 08 guidelines and direct state agencies to prepare agency information systems plans; and 09 (3) in accordance with statutes governing the availability and 10 confidentiality of information, establish guidelines for the accessing of information by 11 the public. 12 (b) In addition to the duties established under (a) of this section, the 13 department may establish information-related policies and engage in information 14 related activities it considers necessary or appropriate. 15 (c) This section does not grant the department responsibility for broadcast 16 programming content. Program design, production, and use are the responsibility of 17 the program-sponsoring agency or other entity. 18 (d) This section does not prohibit a state agency from developing information 19 systems that are inconsistent with the guidelines established in (a) of this section if the 20 department gives written authorization for the user agency to engage in the 21 independent design, development, management, or operation. The department may 22 authorize independent development only upon a showing of necessity. Written 23 authorization under this subsection is not required for intra-agency use of 24 microcomputers. 25 (e) A state agency, including an agency authorized to develop an independent 26 system under (d) of this section, shall coordinate the design, development, 27 management, and operation of its information systems with the department. 28 * Sec. 20. AS 44.21.160(a) is amended to read: 29 (a) The [EXCEPT AS OTHERWISE PROVIDED IN (g) OF THIS SECTION, 30 THE] department shall comply with the state information systems plan adopted under 31 AS 44.21.155 [BY THE TELECOMMUNICATIONS INFORMATION COUNCIL IN
01 THE OFFICE OF THE GOVERNOR] in providing automatic data processing services 02 responsive to the needs of state government. 03 * Sec. 21. AS 44.21.160(b) is amended to read: 04 (b) To carry out (a) of this section, the department may, consistent with the 05 state information systems plan [ADOPTED BY THE TELECOMMUNICATIONS 06 INFORMATION COUNCIL] and with the departmental information systems plan, 07 (1) maintain a central staff of systems analysts, computer programmers, 08 and other staff members sufficient to provide systems analysis and computer 09 programming support required by the executive and legislative branches of state 10 government; 11 (2) develop and maintain both short-range and long-range data 12 processing plans for state government and provide managerial leadership in the use of 13 automatic data processing; 14 (3) review all budget requests for automatic data processing services 15 and recommend to the [TELECOMMUNICATIONS INFORMATION COUNCIL AND 16 THE] governor approval, modification, or disapproval; 17 (4) recommend implementation priorities of requested data processing 18 systems; 19 (5) determine and satisfy the data processing equipment and supply 20 requirements of the executive and legislative branches, departments, and agencies of 21 state government; 22 (6) provide all facilities, equipment, and staff required to convert data 23 to a form suitable for processing on automatic data processing equipment; 24 (7) develop and publish systems analysis, computer programming, and 25 computer operations standards; 26 (8) review state automatic data processing systems to encourage 27 effectiveness, measure performance, and assure adherence to the standards developed 28 under AS 44.21.150 - 44.21.170; 29 (9) develop and conduct an automatic data processing training program 30 designed to serve the technical and managerial needs of state government; 31 (10) charge a state agency or other governmental agency for the cost
01 of the automatic data processing services provided or procured by the department for 02 the agency. 03 * Sec. 22. AS 44.21.160(d) is amended to read: 04 (d) In accordance with the state information systems plan [ADOPTED BY 05 THE TELECOMMUNICATIONS INFORMATION COUNCIL], the department and 06 the University of Alaska may develop and implement a plan for the integration of 07 automatic data processing facilities of the university with the state facilities. 08 * Sec. 23. AS 44.21.160(e) is amended to read: 09 (e) If the action is not contrary to the state information systems plan 10 [ADOPTED BY THE TELECOMMUNICATIONS INFORMATION COUNCIL], this 11 section does not prohibit 12 (1) the department from obtaining necessary contractual assistance for 13 automatic data processing activities; 14 (2) the legislature from recruiting and employing data processing 15 personnel or from obtaining necessary contractual assistance for automatic data 16 processing activities; 17 (3) the judicial branch from establishing independent data processing 18 policies and implementation procedures; however, the policies and procedures must 19 permit information exchange and implementation procedures compatible with other 20 branches of government whenever practical. 21 * Sec. 24. AS 44.21.200(a) is amended to read: 22 (a) The Older Alaskans Commission is established in the Department of 23 Administration. The members of the commission include 24 (1) the commissioner of administration or the commissioner's designee; 25 (2) the commissioner of community and regional affairs or the 26 commissioner's designee; 27 (3) the commissioner of health and social services or the 28 commissioner's designee; and 29 (4) eight [THE CHAIRMAN OF THE PIONEERS' HOMES 30 ADVISORY BOARD APPOINTED UNDER AS 44.21.120; AND 31 (5) SEVEN] persons selected on the basis of their knowledge and
01 demonstrated interest in the concerns of older Alaskans, appointed by the governor 02 under [IN ACCORDANCE WITH] (b) of this section. 03 * Sec. 25. AS 44.21.230(a) is amended by adding new paragraphs to read: 04 (11) conduct annual inspections of the property and procedures of the 05 Alaska Pioneers' Homes and recommend to the governor changes and improvements; 06 (12) meet at least semi-annually to review admissions and procedures 07 of the Alaska Pioneers' Homes and to consider complaints related to the homes. 08 * Sec. 26. AS 44.21.230(c) is amended to read: 09 (c) The commission may not investigate, review, or undertake any 10 responsibility for the longevity bonus program under AS 47.45 [OR, EXCEPT FOR 11 ACTIVITIES OF THE OFFICE OF THE LONG TERM CARE OMBUDSMAN, THE 12 ALASKA PIONEERS' HOMES UNDER AS 47.55]. 13 * Sec. 27. AS 44.21.266 is amended to read: 14 Sec. 44.21.266. DUTIES OF THE COMMISSION. The commission shall 15 (1) apply for federal and private funds for public broadcasting purposes 16 and receive all federal, state, or private funds, property, or assistance that may be 17 appropriated, granted, or otherwise made available to the commission for public 18 broadcasting purposes, and use and disburse funds and property for purposes consistent 19 with the terms of AS 44.21.256 - 44.21.290, subject to reasonable limitations imposed 20 by the grantor; 21 (2) provide consultative services in all aspects of public broadcasting 22 to all public or private agencies in the state that request them; 23 (3) serve as a library and clearinghouse for public broadcasting 24 information; 25 (4) through grants to qualified entities, develop an integrated public 26 broadcasting network for the state; 27 (5) through grants to qualified entities, develop and distribute public 28 broadcasting programming in the state; 29 (6) prepare and submit to the governor and the legislature, in 30 compliance with the state information systems plan adopted under AS 44.21.155 [BY 31 THE TELECOMMUNICATIONS INFORMATION COUNCIL IN THE OFFICE OF
01 THE GOVERNOR], a long-term plan for the development of public broadcasting 02 stations and systems in the state [,] and biennially update the plan; and 03 (7) perform all other functions necessary to ensure the orderly and 04 coordinated development of public broadcasting in the state. 05 * Sec. 28. AS 44.21.310(a) is amended to read: 06 (a) In accordance with the state information systems plan adopted under 07 AS 44.21.155 [BY THE TELECOMMUNICATIONS INFORMATION COUNCIL] 08 and with the departmental information systems plan, the department shall 09 (1) advise the [COUNCIL AND THE] governor on matters of policy 10 and comprehensive state planning for telecommunications services; 11 (2) make an annual report to the governor and to the legislature on the 12 activities of the department; 13 (3) coordinate, manage, and supervise state programs in 14 telecommunications, including the management of those telecommunication services 15 for the state obtained from common carriers and from the communications industry; 16 (4) when requested, provide technical and consulting assistance to the 17 executive, judicial, and legislative branches of state government, to the University of 18 Alaska, and to private noncommercial entities that [WHICH] request that assistance 19 in facility procurement and leasing and in identifying long-range goals and objectives 20 for the state and its political subdivisions in all aspects of telecommunications, 21 including public, educational, and instructional telecommunications; 22 (5) prepare and maintain a state comprehensive telecommunications 23 development plan to further state telecommunications development and to meet state 24 telecommunications needs and prepare and maintain a comprehensive inventory of all 25 state communications facilities; 26 (6) whenever feasible, procure services from private enterprise or 27 certified and franchised utilities and contract for the construction, management, 28 operation, and maintenance of telecommunications systems, and develop a procurement 29 policy consistent with AS 36.30 (State Procurement Code); the procurement policy 30 must seek to achieve the maximum benefit to the public, and methods of procurement, 31 including lease, purchase, rental, or combinations of lease, purchase, and rental, must
01 be selected on the basis of factors such as the ratio of long-range costs versus benefits, 02 life cycle costing, and the costs to the communications industry to the extent that these 03 costs may affect local and long distance basic telephone rates; procurement, 04 contracting, construction, and maintenance under this paragraph is governed by 05 AS 36.30; 06 (7) provide information and assistance to state agencies to promote 07 governmental coordination and unity in the preparation of agency plans and programs 08 involving the use of telecommunications; 09 (8) apply for and accept federal and private money, property, or 10 assistance [,] that may be appropriated, granted, or otherwise made available to the 11 department and use and disburse money and property for purposes consistent with 12 AS 44.21.305 - 44.21.330 and AS 44.21.256 - 44.21.290, subject to reasonable 13 limitations imposed by the grantor; 14 (9) participate with other governmental units in planning, and assist 15 local governments and governmental conferences and councils in the state in planning 16 and coordinating their activities relating to telecommunications; 17 (10) provide for the orderly transition to new telecommunications 18 services and systems by state agencies; 19 (11) serve as a clearinghouse for information, data, and other materials 20 that [WHICH] may be necessary or helpful to federal, state, or local governmental 21 agencies in the development of telecommunication systems; 22 (12) coordinate department services and activities with those of other 23 state departments and agencies to the fullest extent possible to avoid unnecessary 24 duplication; and 25 (13) provide that all activities of the department are responsive to state 26 statutes and regulations [,] and to the regulations and rulings of the Federal 27 Communications Commission. 28 * Sec. 29. AS 44.21.315(a) is amended to read: 29 (a) In accordance with the state information systems plan adopted under 30 AS 44.21.155 [BY THE TELECOMMUNICATIONS INFORMATION COUNCIL] 31 and with the departmental information systems plan, the department shall provide
01 (1) technical consultation to educational and public telecommunications 02 users; 03 (2) coordination and support to telecommunications services for 04 instruction, including technical assistance and assistance in preparation of applications 05 for grants related to program development as may be requested by 06 (A) public school districts and the Department of Education; 07 (B) the University of Alaska; and 08 (C) other state agencies as approved by the commissioner; 09 (3) coordination and support for health and safety-related functions, 10 including the administrative and client services provided by state, federal, and private 11 agencies; 12 (4) coordination and support to telecommunications services for public 13 participation in state-financed services, including the public hearing process, as may 14 be statutorily required or otherwise appropriate; 15 (5) assistance, through design, development, and promotion, to local 16 school districts or other local and regional education agencies for the regionalization 17 of instructional telecommunications services; 18 (6) establishment of operational policies for public telecommunications 19 services other than public broadcasting; and 20 (7) assistance to the Alaska Public Broadcasting Commission and any 21 commission-designated subcommittees, as necessary to perform assigned department 22 functions; the department shall cooperate with the commission and subcommittees in 23 order to develop policies which are responsive to the user groups which are 24 represented on the commission. 25 * Sec. 30. AS 44.21.320(e) is amended to read: 26 (e) Nothing in AS 44.21.305 - 44.21.330 prohibits a state agency from 27 developing telecommunications systems within its own agency if the agency is in 28 compliance with the state information systems plan adopted under AS 44.21.155 [BY 29 THE TELECOMMUNICATIONS INFORMATION COUNCIL] and with the agency's 30 own information systems plan and if the commissioner gives written authorization for 31 the agency to engage in its own design, development, management, or operation. The
01 commissioner may authorize independent development only upon a showing of 02 necessity. [A DESCRIPTION OF ALL AUTHORIZATION UNDER THIS 03 SUBSECTION MUST BE INCLUDED IN THE BIENNIAL REPORT REQUIRED 04 UNDER AS 44.21.310(a)(2)]. 05 * Sec. 31. AS 47.07.070(a) is amended to read: 06 (a) The department shall set the prospective rate of payment to a health 07 facility under this chapter and AS 47.25.120 - 47.25.300 based on a fair rate for 08 reasonable costs incurred by the facility. The department may not set a rate until after 09 a public hearing [BEFORE THE MEDICAID RATE ADVISORY COMMISSION] 10 except that this hearing requirement is not applicable if a new rate is immediately 11 necessary to afford exceptional relief to a facility as determined under regulations 12 adopted by the department. The department shall by regulation list the factors it 13 considers in making its rate determinations under this section. A rate set under this 14 section does not take effect until it is approved in writing by the commissioner of 15 health and social services or the agency assigned by the commissioner to perform this 16 function. The written determination of a rate set by the department after a hearing must 17 include a statement of the department's findings, a description of the basis of the 18 findings and conclusions, a citation to the regulations supporting the findings and 19 conclusions, and a statement of the decision. 20 * Sec. 32. AS 47.07.074 is amended to read: 21 Sec. 47.07.074. AUDITS AND INSPECTIONS. As a condition of obtaining 22 payment under AS 47.07.070, a health facility shall allow 23 (1) the department [AND THE COMMISSION] reasonable access to 24 the financial records of medical assistance beneficiaries; and 25 (2) inspection of financial records by state and federal agencies to the 26 extent required by federal law. 27 * Sec. 33. AS 47.10.080(m) is amended to read: 28 (m) Within 60 days after the date a child is removed from the child's home 29 by the department, the department shall notify the appropriate local citizen out-of-home 30 care review panel [ESTABLISHED UNDER AS 47.10.420]. 31 * Sec. 34. AS 47.10.080(n) is amended to read:
01 (n) Within 60 days after a court orders a child committed to the department 02 under (c) of this section and at a review under (f) or (l) of this section, the department 03 shall inform the parties about the availability of a local citizen out-of-home care 04 review panel [ESTABLISHED UNDER AS 47.10.420]. 05 * Sec. 35. AS 47.10.142(g) is amended to read: 06 (g) Within 60 days after a court orders a child committed to the department 07 under this section, the department shall inform the parties about the availability of a 08 local citizen out-of-home care review panel [ESTABLISHED UNDER AS 47.10.420]. 09 * Sec. 36. AS 03.17.020, 03.17.030, 03.17.100(1); AS 05.40; AS 08.01.010(12); 10 AS 08.18.026(a), 08.18.026(c); AS 08.40.005, 08.40.011, 08.40.045, 08.40.050, 08.40.060, 11 08.40.070, 08.40.090, 08.40.110, 08.40.120, 08.40.130, 08.40.135, 08.40.140, 08.40.150, 12 08.40.170, 08.40.175, 08.40.178, 08.40.180, 08.40.190, 08.40.195, 08.40.200; AS 09.25.220(8); 13 AS 18.65.250(a); AS 37.12; AS 38.95.100, 38.95.110, 38.95.120, 38.95.130, 38.95.140; 14 AS 39.05.060(a)(4); AS 39.25.110(11)(A), 39.25.110(23), 39.25.120(c)(20); 15 AS 39.50.200(b)(17); AS 41.17.041, 41.17.043, 41.17.045, 41.17.047, 41.17.950(2); 16 AS 44.19.101, 44.19.102, 44.19.103, 44.19.104, 44.19.105, 44.19.110, 44.19.112, 44.19.114, 17 44.19.116, 44.19.118, 44.19.120, 44.19.122, 44.19.123, 44.19.124, 44.19.125, 44.19.126, 18 44.19.130, 44.19.181, 44.19.182, 44.19.183, 44.19.184, 44.19.185, 44.19.186, 44.19.187, 19 44.19.188, 44.19.502, 44.19.504, 44.19.506, 44.19.519; AS 44.21.045(c)(1), 44.21.045(f), 20 44.21.100, 44.21.110, 44.21.120, 44.21.130; AS 44.41.100, 44.41.110, 44.41.120, 44.41.130; 21 AS 44.46.030, 44.46.040, 44.46.050; AS 44.47.050(a)(15); AS 44.66.010(a)(17); AS 44.82; 22 AS 44.99.010; AS 46.15.190, 46.15.200, 46.15.210, 46.15.220, 46.15.230, 46.15.240; 23 AS 47.07.073(b)(6), 47.07.110, 47.07.120, 47.07.130, 47.07.140, 47.07.150, 47.07.160, 24 47.07.170, 47.07.180, 47.07.190, 47.07.900(6); AS 47.10.400, 47.10.410, 47.10.420, 47.10.430, 25 47.10.440, 47.10.450, 47.10.460, 47.10.470, 47.10.480, and 47.10.490 are repealed. 26 * Sec. 37. REVISOR'S INSTRUCTION. Wherever in AS 12.62 and the Alaska 27 Administrative Code the term "Governor's Commission on the Administration of Justice" is 28 used, it shall be read as referring to the Department of Public Safety when to do so would be 29 consistent with the changes made in secs. 8 and 9 of this Act. Under AS 01.05.031, the 30 revisor of statutes shall implement this section in the statutes and, under AS 44.62.125(b)(6), 31 the regulations attorney shall implement this section in the administrative code.