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HB 265: "An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor."

00HOUSE BILL NO. 265 01 "An Act relating to pamphlets, publications, plans, and records of state agencies; 02 and relating to reports to and from state agencies and the governor." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.13.050 is amended to read: 05 Sec. 08.13.050. Records of the board. The Department of Commerce and 06 Economic Development shall keep a record of the board's proceedings related to the 07 issuance, refusal, suspension, and revocation of each license and permit. The record 08 shall contain the name of the person to whom a license or permit is issued, the 09 person's place of business, the date of issuance for each license and permit, and 10 whether it is currently valid. The record shall be open to inspection by the public at 11 all reasonable times. [THE BOARD SHALL SUBMIT AN ANNUAL REPORT ON 12 ITS OPERATIONS TO THE GOVERNOR.] 13 * Sec. 2. AS 08.24.240 is amended to read: 14 Sec. 08.24.240. Failure to file statement. If the annual statement of

01 collection [OR SEMIANNUAL STATEMENT OF EMPLOYEES] is not filed as 02 required under AS 08.24.210 [AND 08.24.220], the failure to file constitutes grounds 03 for the immediate suspension of the collection agency license of the licensee failing 04 to file the statement, and the department shall notify the licensee by registered or 05 certified mail that the license of the licensee will be suspended upon the expiration of 06 15 days after the date on which the notice was mailed unless the licensee complies 07 with the provisions of AS 08.24.210 [OR 08.24.220]. However, for good cause shown 08 and upon satisfactory proof furnished by the licensee that the failure to file the 09 statement was due to a condition not within the control, or was due to excusable 10 neglect, of the licensee, the department may permit the filing of the statement after the 11 time limited and excuse the failure to file the statement within the time limited. If the 12 statement required by AS 08.24.210 [OR 08.24.220] is not filed as required by this 13 section, the department shall revoke the license. 14 * Sec. 3. AS 08.24.250 is amended to read: 15 Sec. 08.24.250. Information confidential. Except as otherwise provided in 16 this chapter, information in whatever form required to be filed by the terms of 17 AS 08.24.210 [AND 08.24.220] shall be confidential and may not become a public 18 record, but it may be introduced in evidence in a suit, action, or proceeding in a court 19 or in a proceeding involving the granting or revocation of the license of a licensee. 20 * Sec. 4. AS 14.40.190 is amended to read: 21 Sec. 14.40.190. Report. The Board of Regents shall prepare a written report 22 at the beginning of each [FIRST] regular session of the legislature of the condition of 23 the university property, of all receipts and expenditures, including the administration 24 and disposition of appropriated and restricted funds and information required under 25 AS 37.25.010(d), and of the educational and other work performed during the 26 preceding [TWO] fiscal year [YEARS]. The board shall notify the legislature that the 27 report is available. 28 * Sec. 5. AS 15.13.030 is amended to read: 29 Sec. 15.13.030. Duties of the commission. The commission shall 30 (1) develop and provide all forms for the reports and statements 31 required to be made under this chapter, AS 24.45, and AS 39.50;

01 (2) prepare and publish a manual setting out uniform methods of 02 bookkeeping and reporting for use by persons required to make reports and statements 03 under this chapter and otherwise assist candidates, groups, and individuals in 04 complying with the requirements of this chapter; 05 (3) receive and hold open for public inspection reports and statements 06 required to be made under this chapter and, upon request, furnish copies at cost to 07 interested persons; 08 (4) compile and maintain a current list of all filed reports and 09 statements; 10 (5) prepare a summary of each report filed under AS 15.13.110 and 11 make copies of this summary available to interested persons at their actual cost; 12 (6) notify, by registered or certified mail, all persons who are 13 delinquent in filing reports and statements required to be made under this chapter; 14 (7) [REPORT WITHIN 60 DAYS AFTER THE ELECTION THE 15 NAMES OF ALL PERSONS AND GROUPS WHO HAVE FAILED TO COMPLY 16 WITH ANY OF THE PROVISIONS OF THIS CHAPTER TO THE OFFICE OF THE 17 ATTORNEY GENERAL; 18 (8)] examine, investigate, and compare all reports, statements, and 19 actions required by this chapter, AS 24.45, and AS 39.50 [AND REPORT TO THE 20 ATTORNEY GENERAL THE NAMES OF ALL PERSONS OR GROUPS THAT 21 THE COMMISSION HAS SUBSTANTIAL REASON TO BELIEVE HAVE 22 VIOLATED THIS CHAPTER, AS 24.45 OR AS 39.50]; 23 (8) [(9)] prepare and publish a biennial report concerning the activities 24 of the commission, the effectiveness of this chapter, its enforcement by the attorney 25 general's office, and recommendations and proposals for change; the commission shall 26 notify the legislature that the report is available; 27 (9) [(10)] adopt regulations necessary to implement and clarify the 28 provisions of AS 24.45, AS 39.50, and this chapter, subject to the provisions of 29 AS 44.62 (Administrative Procedure Act). 30 * Sec. 6. AS 18.28.030(b) is amended to read: 31 (b) Each fiscal year, the department shall determine the amount of money

01 needed to fund all grants under AS 18.28.010 and contracts under AS 18.28.020(3) 02 during the next fiscal year [AND SHALL REPORT THAT AMOUNT TO THE 03 LEGISLATURE]. If the amount appropriated to the account is not sufficient to 04 finance all grants and contracts, the money shall be distributed pro rata among 05 qualified regional and local health organizations. 06 * Sec. 7. AS 21.84.350(a) is amended to read: 07 (a) Each [AS A PART OF THE ANNUAL STATEMENT REQUIRED 08 UNDER AS 21.84.340, EACH] society shall, before the second day of March, file 09 with the director a valuation of its certificates in force on the preceding December 31, 10 provided, the director may, for cause shown, extend the time for filing the valuation 11 for not more than two calendar months. The report of valuation must include an 12 opinion of a qualified actuary as to whether the reserves and related actuarial items 13 held in support of the certificates in force are computed appropriately, are based on 14 assumptions that satisfy contractual provisions, are consistent with prior reported 15 amounts, and comply with applicable laws of this state. The report of valuation shall 16 show, as reserve liabilities, the difference between the present mid-year value of the 17 promised benefits provided in the certificates of the society in force and the present 18 mid-year value of the future net premiums as the same are in practice actually 19 collected, not including any value for the right to make extra assessments and not 20 including any amount by which the present mid-year value of future net premiums 21 exceeds the present mid-year value of promised benefits on individual certificates. At 22 the option of a society, in lieu of the above, the valuation may show the net tabular 23 value. The net tabular value on certificates issued before July 1, 1967, shall be 24 determined under the law applicable before July 1, 1966, and on certificates issued on 25 or after July 1, 1967, may not be less than the reserves determined according to the 26 Commissioner's Reserve Valuation Method as defined in this section. If the premium 27 charged is less than the tabular net premium according to the basis of valuation used, 28 an additional reserve equal to the present value of the deficiency in the premiums shall 29 be set up and maintained as a liability. The reserve liabilities shall be properly 30 adjusted if the mid-year or tabular values are not appropriate. 31 * Sec. 8. AS 24.45.031(b) is amended to read:

01 (b) The commission may 02 (1) hold hearings and conduct investigations into compliance with the 03 provisions of this chapter; 04 (2) in conjunction with (1) of this subsection, issue subpoenas, compel 05 the attendance and testimony of witnesses, administer oaths and affirmations, and 06 require the production of books, papers, records, documents, or other items material 07 to the commission's duties or powers under this chapter; 08 (3) prepare, publish, and make available to the public, periodic, but at 09 least biennially [QUARTERLY AND ANNUALLY], summaries of the statements and 10 reports received; these summaries shall list separately individual lobbyists and 11 employers of lobbyists. 12 * Sec. 9. AS 35.10.015(b) is amended to read: 13 (b) The department shall develop and maintain an inventory of all public 14 buildings and facilities with respect to their compliance with the regulations adopted 15 under (a) of this section. [THE DEPARTMENT SHALL MAKE AN ANNUAL 16 REPORT TO THE GOVERNOR DESCRIBING WORK PERFORMED IN THE 17 PRECEDING CALENDAR YEAR TO UPGRADE PUBLIC BUILDINGS AND 18 FACILITIES TO CONFORM WITH THE REGULATIONS.] In addition, the 19 department shall develop cost estimates and recommended priorities for the upgrading 20 of public buildings and facilities that do not conform with the regulations adopted 21 under (a) of this section [AND SHALL INCLUDE THESE ESTIMATES AND THE 22 RECOMMENDED PRIORITIES IN THE ANNUAL REPORT TO THE GOVERNOR. 23 THE DEPARTMENT SHALL NOTIFY THE LEGISLATURE THAT THE REPORT 24 IS AVAILABLE]. 25 * Sec. 10. AS 37.25.010(d) is amended to read: 26 (d) The University of Alaska shall, in the report required under 27 AS 14.40.190, report the amount of university receipts received in one year and 28 expended in the succeeding fiscal year [TO THE DEPARTMENT OF 29 ADMINISTRATION AND THE LEGISLATIVE BUDGET AND AUDIT 30 COMMITTEE BY SEPTEMBER 30 OF THE SUCCEEDING FISCAL YEAR]. 31 * Sec. 11. AS 39.25.195(h) is amended to read:

01 (h) [THE DIRECTOR SHALL PREPARE A REPORT ON 02 NONPERMANENT AND EMERGENCY HIRE PRACTICES IN STATE 03 GOVERNMENT AND NOTIFY THE LEGISLATURE WITHIN THE FIRST 10 04 DAYS OF EACH REGULAR LEGISLATIVE SESSION THAT THE REPORT IS 05 AVAILABLE.] A hiring department or agency shall certify to the director within 15 06 working days following the appointment its reasons for appointing an emergency 07 employee. [THE REPORT SHALL INCLUDE INFORMATION ON THE NUMBER 08 OF NONPERMANENT EMPLOYEES AUTHORIZED UNDER THIS SECTION 09 AND THE NUMBER OF EMERGENCY EMPLOYEES HIRED IN EACH 10 DEPARTMENT, A DESCRIPTION OF THE PROCEDURES USED IN 11 AUTHORIZING THE HIRING OF NONPERMANENT EMPLOYEES, AND ANY 12 RECOMMENDATIONS FOR LEGISLATION REQUIRED TO IMPLEMENT THE 13 INTENT OF THIS SECTION.] 14 * Sec. 12. AS 43.76.025(c) is amended to read: 15 (c) The salmon enhancement tax collected under AS 43.76.010 - 43.76.028 16 [AS 43.76.010 - 43.76.030] shall be deposited in the general fund. The legislature may 17 make appropriations based on this revenue to the Department of Commerce and 18 Economic Development for the purpose of providing financing for qualified regional 19 associations. The legislature may base an appropriation for a qualified regional 20 association operating within a region designated under AS 16.10.375 on the value of 21 the fisheries resources caught in that region rather than the value of the fisheries 22 resources sold in that region if those values differ. 23 * Sec. 13. AS 44.47.092 is amended to read: 24 Sec. 44.47.092. Land use planning and state facility procurement plan. 25 The department shall make recommendations to the Department of Transportation and 26 Public Facilities and to appropriate program agencies concerning the effect upon the 27 comprehensive plan or other land use plans or proposals of municipalities and 28 unincorporated communities with respect to the facility procurement plan required to 29 be prepared in accordance with AS 35.10.170 [AND AS 44.42.055]. 30 * Sec. 14. AS 44.47.150(d) is amended to read: 31 (d) Separate accounts shall be maintained in the name of each village for the

01 land, including the revenues from the land, acquired from each village corporation 02 under this section [, AND EVERY TWO YEARS WITHIN 90 DAYS OF THE 03 CLOSE OF THE SECOND STATE FISCAL YEAR A STATEMENT OF THE 04 ACCOUNT FOR EACH MUNICIPALITY SHALL BE PREPARED BY THE 05 COMMISSIONER AND BE MADE AVAILABLE TO THE VILLAGE AND TO THE 06 PUBLIC UPON REQUEST]. 07 * Sec. 15. AS 46.03.032(k) is amended to read: 08 (k) The department shall prepare reports required by the federal government 09 in conjunction with federal capitalization grant award conditions. The department shall 10 also prepare reports and notices, including notices of default, required by the state 11 bond committee in conjunction with bonds issued under AS 37.15.560 - 37.15.605. 12 [THE DEPARTMENT SHALL ALSO PREPARE A BIENNIAL REPORT ON THE 13 ALASKA CLEAN WATER FUND AND NOTIFY THE LEGISLATURE THAT IT 14 IS AVAILABLE ON OR BEFORE THE FIRST DAY OF EACH FIRST REGULAR 15 SESSION OF THE LEGISLATURE.] 16 * Sec. 16. AS 46.08.050(b) is amended to read: 17 (b) A department that is appropriated or allocated money from the fund, either 18 directly or through a reimbursable service agreement with the Department of 19 Environmental Conservation, shall develop procedures governing the expenditure of, 20 and accounting for, money it expends from the fund. [THE DEPARTMENT OF 21 ENVIRONMENTAL CONSERVATION MAY NOT REIMBURSE OR PAY MONEY 22 TO ANOTHER STATE AGENCY FOR THE AGENCY'S ACTIVITIES UNDER 23 AS 46.08.040 UNLESS THE STATE AGENCY PROVIDES TO THE DEPARTMENT 24 THE INFORMATION NECESSARY TO COMPLETE THE REPORT REQUIRED 25 BY AS 46.08.060.] 26 * Sec. 17. AS 46.08.060(a) is amended to read: 27 (a) The commissioner shall make available a report to the legislature not later 28 than the 10th day following the convening of each first regular session of the 29 legislature. The commissioner shall notify the legislature that the report is available. 30 The report may include information considered significant by the commissioner but 31 must include [:]

01 (1) the amount of money expended by the department under 02 AS 46.08.040(a) during the preceding two fiscal years [YEAR]; 03 (2) the amount and source of money received and money recovered by 04 or on behalf of the department during the preceding two fiscal years [YEAR] under 05 (A) AS 46.08.020; and 06 (B) AS 46.08.025; 07 (3) a summary of municipal participation in the department's responses 08 that were paid for by the fund; 09 (4) a detailed summary of department activities in responses paid for 10 by the fund during the preceding two fiscal years [YEAR], including response 11 descriptions and statements outlining the nature of the threat; in this paragraph, 12 "detailed" includes information describing each personal services position and total 13 compensation for that position, each contract in excess of $10,000, and each purchase 14 in excess of $10,000; and 15 (5) the projected cost to the department for the next two fiscal years 16 [YEAR] of monitoring, operating, and maintaining sites where response has been 17 completed or is expected to be continued during the next two fiscal years [YEAR]. 18 * Sec. 18. AS 46.08.060(c) is amended to read: 19 (c) In addition to the department's report required under (a) of this section, the 20 governor shall submit a report about use of the fund during the previous two fiscal 21 years [YEAR] to the legislature not later than the 10th day following the convening 22 of each first regular session of the legislature. In the report, the governor shall describe 23 in detail the governor's use of money from the fund, with separate explanations, by 24 agency, of the activities that were paid for under the authority of AS 46.08.045. 25 * Sec. 19. AS 47.14.210 is amended to read: 26 Sec. 47.14.210. Duties of the state panel. The state panel shall 27 (1) by regulation adopt policies and procedures to carry out its duties 28 and to govern the performance of the duties of the local panels established under 29 AS 47.14.220; 30 (2) ensure that local panel members receive the minimum level of 31 training necessary to effectively carry out their duties;

01 (3) coordinate and review the activities of the local panels and make 02 recommendations to the governor on appointments to the local panels; 03 (4) prepare a biennial report [ANNUALLY], by the 10th day of each 04 first regular session of the legislature, concerning the activities of the state and local 05 panels during the previous two fiscal years [YEAR]; the report must include the 06 number of cases reviewed by each local panel, a description of the characteristics of 07 the children whose cases were reviewed by the panels, the number of children reunited 08 with their families, the number of children placed in other permanent homes, and 09 recommendations and justifications for program improvement, including 10 recommendations relating to state agencies and to the panel review system; the report 11 may contain other information on the experience of the local panels; the state panel 12 shall notify the legislature that the report is available. 13 * Sec. 20. AS 08.04.070(g); AS 08.24.071, 08.24.220; AS 08.36.070(a)(3); 14 AS 08.48.071(c), 08.48.101(b); AS 08.63.050(8); AS 08.64.101(3); AS 08.65.030(a)(6); 15 AS 08.68.100(a)(7); AS 08.84.010(b)(6); AS 08.86.070(7); AS 08.95.030(2); 16 AS 08.98.050(a)(7); AS 14.07.181; AS 14.40.170(a)(9), 14.40.296(b), 14.40.455(e); 17 AS 14.56.182, 14.56.183, 14.56.184, 14.56.185, 14.56.190; AS 16.51.100(5); AS 18.20.150(b); 18 AS 18.85.160(b); AS 21.39.175; AS 21.84.340(b); AS 36.30.540(2), 36.30.540(3), 19 36.30.540(6); AS 37.05.030(b), 37.05.035; AS 42.45.020(e)(3); AS 43.76.030; and 20 AS 44.42.055 are repealed.