HB 469: "An Act establishing a new office to be known as the office of the child and family ombudsman and relating to the duties of the office; relating to the existing office of the ombudsman; and providing for an effective date."
00 HOUSE BILL NO. 469 01 "An Act establishing a new office to be known as the office of the child and family 02 ombudsman and relating to the duties of the office; relating to the existing office of the 03 ombudsman; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 24 is amended by adding a new chapter to read: 06 Chapter 57. Office of the Child and Family Ombudsman. 07 Article 1. Establishment; Organization. 08 Sec. 24.57.010. Position of child and family ombudsman established; 09 jurisdiction. (a) There is established in the legislative branch a position of child and 10 family ombudsman. 11 (b) The child and family ombudsman may, subject to the rules of the child and 12 family ombudsman, investigate, either upon the child and family ombudsman's own 13 initiative or upon receipt of a complaint, an administrative act of the Department of 14 Health and Social Services with respect to a child who is or is alleged to be delinquent,
01 abused, neglected, or a child in need of aid in order to determine if the act is 02 (1) contrary to law, regulation, or policy; 03 (2) unreasonable, unfair, oppressive, arbitrary, capricious, an abuse of 04 discretion, or unnecessarily discriminatory, even if the act is in accordance with law, 05 regulation, and policy; 06 (3) based on a mistake of fact; 07 (4) based on improper or irrelevant grounds; 08 (5) unsupported by an adequate statement of reason; 09 (6) performed in an inefficient or discourteous manner; or 10 (7) otherwise erroneous. 11 (c) The child and family ombudsman may also investigate to find an 12 appropriate remedy if an investigation reveals an administrative act that is described in 13 (b)(1) - (7) of this section. 14 (d) The child and family ombudsman may exercise the child and family 15 ombudsman's powers without regard to the finality of an administrative act. 16 Sec. 24.57.020. Selection; qualifications. (a) The child and family 17 ombudsman shall be selected by the ombudsman selection committee established 18 under AS 24.55.020. The provisions applicable to selection of the ombudsman under 19 AS 24.55.020 are also applicable to the selection of the child and family ombudsman. 20 (b) A person may not serve as the child and family ombudsman 21 (1) within one year after the last day on which the person served as a 22 member of the legislature; 23 (2) while the person is a candidate for or holds another national, state, 24 or municipal office, nor may the child and family ombudsman become a candidate for 25 national, state, or municipal office until one year has elapsed from the date the child 26 and family ombudsman vacates the office of child and family ombudsman; 27 (3) while the person is engaged in any other occupation for which the 28 person receives compensation; 29 (4) unless the person is at least 21 years of age and is a qualified voter 30 who has been a resident of the state for at least three years. 31 Sec. 24.57.030. Term of office; removal; compensation. (a) Except as
01 provided in (b) of this section, the term of office of the child and family ombudsman is 02 five years. A person may be reappointed but may not serve for a total of more than 15 03 years. 04 (b) Notwithstanding (a) of this section, if the term of the child and family 05 ombudsman expires without the appointment of a successor, the incumbent child and 06 family ombudsman may continue in office until a successor is appointed. If the child 07 and family ombudsman dies, resigns, becomes ineligible to serve under AS 24.57.020, 08 or is removed or suspended from office, the person appointed as acting child and 09 family ombudsman under AS 24.57.040 serves until a new child and family 10 ombudsman is appointed for a full term. 11 (c) The legislature, by a concurrent resolution adopted by a majority of the full 12 membership of each house according to a roll call vote entered in the journal, may 13 remove or suspend the child and family ombudsman from office, but only for neglect 14 of duty, misconduct, or disability. 15 (d) The child and family ombudsman is entitled to receive an annual salary 16 equal to Step A, Range 26, on the salary schedule set out in AS 39.27.011(a) for 17 Juneau. 18 Sec. 24.57.040. Staff; delegation. (a) The child and family ombudsman shall 19 appoint a person to serve as acting child and family ombudsman in the absence of the 20 child and family ombudsman. The child and family ombudsman shall also appoint 21 assistants and clerical personnel necessary to carry out the duties of the child and 22 family ombudsman. 23 (b) The child and family ombudsman may delegate to the assistants any of the 24 child and family ombudsman's duties except those specified in AS 24.57.210 and 25 24.57.220; however, during the child and family ombudsman's absence from the 26 principal business offices, the child and family ombudsman may delegate the duties 27 specified in AS 24.57.210 and 24.57.220 to the acting child and family ombudsman 28 for the duration of the absence. The duties specified in AS 24.57.210 and 24.57.220 29 shall be performed by the acting child and family ombudsman when serving under 30 AS 24.57.030(b). 31 (c) The child and family ombudsman and the staff appointed by the child and
01 family ombudsman are in the exempt service under AS 39.25.110 and are not subject 02 to the employment policies under AS 24.10 or AS 24.20. 03 Sec. 24.57.050. Nonpartisanship required. It is essential that the 04 nonpartisan nature, integrity, and impartiality of the child and family ombudsman's 05 functions and services be maintained. The child and family ombudsman and members 06 of the staff of the child and family ombudsman may not join, support, or otherwise 07 participate in a partisan political organization, faction, or activity, including the 08 making of political contributions. However, this section does not restrict the child and 09 family ombudsman or members of the staff of the child and family ombudsman from 10 expressing private opinion, registering as to party, or voting. 11 Sec. 24.57.060. Office facilities and administration. (a) Subject to 12 restrictions and limitations imposed by the executive director of the Legislative Affairs 13 Agency, the administrative facilities and services of the Legislative Affairs Agency, 14 including computer, data processing, and teleconference facilities, may be made 15 available to the child and family ombudsman to be used in the management of the 16 office of the child and family ombudsman and to carry out the duties of the child and 17 family ombudsman. 18 (b) The salary and benefits of the child and family ombudsman and the 19 permanent staff of the child and family ombudsman shall be paid through the same 20 procedures used for payment of the salaries and benefits of other permanent legislative 21 employees. 22 (c) The child and family ombudsman shall submit a budget for each fiscal year 23 to the Alaska Legislative Council, and the council shall annually submit an estimated 24 budget to the governor for information purposes in the preparation of the executive 25 budget. After reviewing and approving, with or without modifications, the budget 26 submitted by the child and family ombudsman, the council shall submit the approved 27 budget to the finance committees of the legislature. 28 Sec. 24.57.070. Rules of procedure for investigations. (a) The child and 29 family ombudsman shall adopt rules establishing procedures for receiving and 30 processing complaints, conducting investigations, reporting findings, and ensuring that 31 confidential information obtained by the child and family ombudsman in the course of
01 an investigation will not be improperly disclosed. 02 (b) The child and family ombudsman may not charge a fee for the submission 03 or investigation of a complaint. 04 Sec. 24.57.080. Contract procedures. The child and family ombudsman 05 shall adopt procedures consistent with AS 36.30 to be followed by the office of the 06 child and family ombudsman in contracting for services. However, the procedure for 07 requests for proposals does not apply to contracts for investigations under this chapter, 08 and the office of the child and family ombudsman shall comply with AS 36.30.170(b). 09 Sec. 24.57.090. Annual report. The child and family ombudsman shall 10 submit to the public an annual report of the child and family ombudsman's activities 11 under this chapter and notify the legislature that the report is available. 12 Article 2. Investigations. 13 Sec. 24.57.100. Limitations on investigation of complaints. The child and 14 family ombudsman shall investigate any complaint that is an appropriate subject for 15 investigation under AS 24.57.010, unless the child and family ombudsman reasonably 16 believes that 17 (1) there is presently available an adequate remedy for the grievance 18 stated in the complaint; 19 (2) the complaint relates to a matter that is outside the jurisdiction of 20 the child and family ombudsman; 21 (3) the complaint relates to an administrative act of which the 22 complainant has had knowledge for an unreasonable length of time before the 23 complaint was submitted; 24 (4) the complainant does not have a sufficient personal interest in the 25 subject matter of the complaint; 26 (5) the complaint is trivial or made in bad faith; 27 (6) the resources of the child and family ombudsman's office are 28 insufficient for adequate investigation. 29 Sec. 24.57.110. Notice to complainant. (a) If the child and family 30 ombudsman decides not to investigate a complaint, the child and family ombudsman 31 shall inform the complainant of that decision and shall state the reasons.
01 (b) If the child and family ombudsman decides to investigate a complaint, the 02 child and family ombudsman shall notify the complainant of the decision. 03 (c) Notice given under this section may be oral, but the child and family 04 ombudsman shall state in writing the reasons for not investigating a complaint if 05 requested by the complainant. 06 Sec. 24.57.120. Notice to the department. If the child and family 07 ombudsman decides to investigate a complaint, the child and family ombudsman shall 08 notify the Department of Health and Social Services of the intention to investigate 09 unless the child and family ombudsman believes that advance notice will unduly 10 hinder the investigation or make it ineffectual. Notice given under this section may be 11 oral or written, at the discretion of the child and family ombudsman. 12 Sec. 24.57.130. Investigation procedures and powers. (a) In an 13 investigation, the child and family ombudsman may 14 (1) make inquiries and obtain information considered necessary; 15 (2) enter without notice to inspect the premises of the Department of 16 Health and Social Services or a contractor of the department, but only when 17 department or contractor personnel are present; 18 (3) hold private hearings; and 19 (4) notwithstanding other provisions of law, have access at all times to 20 records of every state agency, including confidential records, except sealed court 21 records, production of which may only be compelled by subpoena, and except for 22 records of active criminal investigations and records that could lead to the identity of 23 confidential police informants. 24 (b) Subject to the privileges that witnesses have in the courts of this state, the 25 child and family ombudsman may compel by subpoena, at a specified time and place, 26 (1) the appearance and sworn testimony of a person who the child and 27 family ombudsman reasonably believes may be able to give information relating to a 28 matter under investigation; and 29 (2) the production by a person of a record or object that the child and 30 family ombudsman reasonably believes may relate to a matter under investigation. 31 (c) If a person refuses to comply with a subpoena issued under (b) of this
01 section, the superior court may, on application of the child and family ombudsman, 02 compel obedience by proceedings for contempt in the same manner as in the case of 03 disobedience to the requirements of a subpoena issued by the court or refusal to testify 04 in the court. 05 Sec. 24.57.140. Confidentiality. (a) Except as provided in (b) of this section, 06 the child and family ombudsman and staff shall maintain confidentiality with respect 07 to all matters, including identifying information about the complainants or witnesses 08 coming before the office of the child and family ombudsman. 09 (b) Subject to (c) of this section, the child and family ombudsman and staff 10 may, notwithstanding (a) of this section, make disclosures that are necessary to enable 11 the child and family ombudsman and staff to carry out an investigation of a complaint 12 filed with the office or to support its recommendations. 13 (c) Notwithstanding (b) of this section, the child and family ombudsman and 14 staff may not disclose a confidential record obtained from an agency. 15 (d) In this section, "identifying information" includes the complainant's or 16 witness's name, location, telephone number, likeness, social security number or other 17 identification number, or identification of immediate family members. 18 Article 3. Procedure and Report After Investigation. 19 Sec. 24.57.200. Consultation. Before giving an opinion or recommendation 20 that is critical of the Department of Health and Social Services or of a person, the child 21 and family ombudsman shall consult with the department or the person. The child and 22 family ombudsman may make a preliminary opinion or recommendation available to 23 the department or the person for review, but the preliminary opinion or 24 recommendation is confidential and may not be disclosed to the public by the 25 department or the person. 26 Sec. 24.57.210. Report to department. (a) The child and family 27 ombudsman shall report the opinion and recommendations of the child and family 28 ombudsman to the Department of Health and Social Services if the child and family 29 ombudsman finds, after investigation, that 30 (1) a matter should be further considered by the department; 31 (2) an administrative act of the department should be modified or
01 cancelled; 02 (3) a statute or regulation on which an administrative act of the 03 department is based should be altered; 04 (4) reasons should be given for an administrative act of the 05 department; 06 (5) any other action should be taken by the department; 07 (6) there are no grounds for action by the department; or 08 (7) the department's act was arbitrary or capricious, constituted an 09 abuse of discretion, or was otherwise erroneous or not in accordance with the law. 10 (b) The child and family ombudsman may request the department to notify the 11 child and family ombudsman, within a specified time, of any action taken on the 12 recommendations. 13 (c) The report provided under (a) of this section is confidential and may not be 14 disclosed to the public by the department. The child and family ombudsman may 15 disclose the report under AS 24.57.220 only after providing notice that the 16 investigation has been concluded 17 (1) to the department; and 18 (2) if the investigation was conducted in response to a complaint, to 19 the complainant under AS 24.57.230. 20 Sec. 24.57.220. Publication of recommendations. Within a reasonable 21 amount of time after the child and family ombudsman reports the opinion and 22 recommendations to the Department of Health and Social Services under 23 AS 24.57.210, the child and family ombudsman may present the opinion and 24 recommendations to the governor, the legislature, a grand jury, the public, or any of 25 these. The child and family ombudsman shall include with the opinion any reply 26 made by the department. 27 Sec. 24.57.230. Notice to the complainant. After a reasonable time has 28 elapsed, the child and family ombudsman shall notify the complainant of the actions 29 taken by the child and family ombudsman and by the Department of Health and Social 30 Services. 31 Sec. 24.57.240. Misconduct by department personnel. If the child and
01 family ombudsman believes there is a breach of duty or misconduct by an officer or 02 employee of the Department of Health and Social Services in the conduct of the 03 officer's or employee's official duties, the child and family ombudsman shall refer the 04 matter to the commissioner of health and social services, to the licensing board for the 05 occupation of the person who may have committed the breach of duty or misconduct, 06 if applicable, and, when appropriate, to a grand jury or to another appropriate official 07 or agency. 08 Sec. 24.57.250. Judicial review. A proceeding or decision of the child and 09 family ombudsman may be reviewed in superior court only to determine if it is 10 contrary to this chapter. 11 Article 4. Miscellaneous Provisions. 12 Sec. 24.57.800. Time for judicial review of department action. This 13 chapter does not extend the time limit in which judicial review of actions by the 14 Department of Health and Social Services must be sought. 15 Sec. 24.57.810. Immunity of the child and family ombudsman. A civil 16 action may not be brought against the child and family ombudsman or a member of 17 the child and family ombudsman's staff for anything done, said, or omitted in 18 performing the child and family ombudsman's duties or responsibilities under this 19 chapter. 20 Sec. 24.57.820. Child and family ombudsman's privilege not to testify. 21 The child and family ombudsman and the staff of the child and family ombudsman 22 may not testify in a court regarding matters coming to their attention in the exercise or 23 purported exercise of their official duties except as may be necessary to enforce the 24 provisions of this chapter. 25 Sec. 24.57.830. Letters to or from the child and family ombudsman. A 26 letter to the child and family ombudsman from a person held in custody by an agency 27 shall be forwarded immediately, unopened, to the child and family ombudsman. A 28 letter from the child and family ombudsman to a person held in custody by an agency 29 shall be delivered immediately, unopened, to the person. 30 Article 5. General Provisions. 31 Sec. 24.57.900. Penalty. A person who knowingly hinders the lawful actions
01 of the child and family ombudsman or the staff of the child and family ombudsman or 02 who knowingly refuses to comply with lawful demands of the child and family 03 ombudsman or the staff of the child and family ombudsman is guilty of a 04 misdemeanor and upon conviction is punishable by a fine of not more than $1,000. In 05 this section, "knowingly" has the meaning given in AS 11.81.900. 06 Sec. 24.57.910. Administrative Procedure Act. The administrative acts of 07 the child and family ombudsman are not subject to the provisions of AS 44.62 08 (Administrative Procedure Act). 09 Sec. 24.57.990. Definitions. In this chapter, 10 (1) "administrative act" means an action, failure to act, omission, 11 decision, recommendation, practice, policy, or procedure, but does not include the 12 preparation or presentation of legislation; 13 (2) "agency" includes a department, office, institution, corporation, 14 authority, organization, commission, committee, council, or board of a municipality or 15 in the executive, legislative, or judicial branches of the state government, and a 16 department, office, institution, corporation, authority, organization, commission, 17 committee, council, or board of a municipality or of the state government independent 18 of the executive, legislative, and judicial branches; it also includes an officer, 19 employee, or member of an "agency" acting or purporting to act in the exercise of 20 official duties, but does not include the governor, the lieutenant governor, a member of 21 the legislature, a justice of the supreme court, a judge of the court of appeals, a 22 superior court judge, a district court judge, a magistrate, a member of a city council or 23 borough assembly, an elected city or borough mayor, or a member of an elected 24 school board; 25 (3) "record" means a document, paper, memorandum, book, letter, file, 26 drawing, map, plat, photo, photographic file, motion picture, film, microfilm, 27 microphotograph, exhibit, magnetic or paper tape, punched card, or other item 28 developed or received under law or in connection with the transaction of official 29 business, but does not include an attorney's work product, material that is confidential 30 as a privileged communication between an attorney and client under rules adopted by 31 the supreme court, or confidential oil and gas geological and geophysical data.
01 * Sec. 2. AS 24.55.090 is amended by adding a new subsection to read: 02 (c) If the ombudsman receives from a person a communication that appears to 03 relate to a matter within the jurisdiction of the child and family ombudsman, the 04 ombudsman shall transfer that communication to the child and family ombudsman and 05 notify the person about the transfer. 06 * Sec. 3. AS 24.60.080(c) is amended to read: 07 (c) Notwithstanding (a) of this section, it is not a violation of this section for a 08 legislator or legislative employee to accept 09 (1) hospitality, other than hospitality described in (4) of this 10 subsection, 11 (A) with incidental transportation at the residence of a person; 12 however, a vacation home located outside the state is not considered a 13 residence for the purposes of this subparagraph; or 14 (B) at a social event or meal; 15 (2) discounts that are available 16 (A) generally to the public or to a large class of persons to 17 which the person belongs; or 18 (B) when on official state business, but only if receipt of the 19 discount benefits the state; 20 (3) food or foodstuffs indigenous to the state that are shared generally 21 as a cultural or social norm; 22 (4) travel and hospitality primarily for the purpose of obtaining 23 information on matters of legislative concern; 24 (5) gifts from the immediate family of the person; 25 (6) gifts that are not connected with the recipient's legislative status; 26 (7) a discount for all or part of a legislative session, including time 27 immediately preceding or following the session, or other gift to welcome a legislator 28 or legislative employee who is employed on the personal staff of a legislator or by a 29 standing or special committee to the capital city or in recognition of the beginning of a 30 legislative session if the gift or discount is available generally to all legislators and the 31 personal staff of legislators and staff of standing and special committees; this
01 paragraph does not apply to legislative employees who are employed by the 02 Legislative Affairs Agency, the office of the chief clerk, the office of the senate 03 secretary, the legislative budget and audit committee, the office of the child and 04 family ombudsman, or the office of the ombudsman; or 05 (8) a gift of legal services in a matter of legislative concern and a gift 06 of other services related to the provision of legal services in a matter of legislative 07 concern. 08 * Sec. 4. AS 24.60.176(b) is amended to read: 09 (b) In this section, "appointing authority" means 10 (1) the legislative council for employees of the Legislative Affairs 11 Agency and of the legislative council and for legislative employees not otherwise 12 covered under this subsection; 13 (2) the Legislative Budget and Audit Committee for the legislative 14 fiscal analyst and employees of the division of legislative finance, the legislative 15 auditor and employees of the division of legislative audit, and employees of the 16 Legislative Budget and Audit Committee; 17 (3) the appropriate finance committee for employees of the senate or 18 house finance committees; 19 (4) the appropriate rules committee for employees of 20 (A) standing committees of the legislature, other than the 21 finance committees; 22 (B) the senate secretary's office and the office of the chief clerk 23 of the house of representatives; and 24 (C) house records and senate records; 25 (5) the legislator who made the hiring decision for employees of 26 individual legislators; however, the legislator may request the appropriate rules 27 committee to act in the legislator's stead; 28 (6) the ombudsman for employees of the office of the ombudsman, 29 other than the ombudsman; 30 (7) the child and family ombudsman for employees of the office of 31 the child and family ombudsman, other than the child and family ombudsman;
01 (8) the legislature for the ombudsman and the child and family 02 ombudsman. 03 * Sec. 5. AS 24.60.250(c) is amended to read: 04 (c) In addition to the sanctions described in AS 24.60.260, if the Alaska Public 05 Offices Commission finds that a legislative director has failed or refused to file a 06 report under AS 24.60.200 by a deadline established in AS 24.60.210, it shall notify 07 the Alaska Legislative Council or the Legislative Budget and Audit Committee, as 08 appropriate. For the ombudsman and the child and family ombudsman, the Alaska 09 Legislative Council shall be notified. 10 * Sec. 6. AS 24.60.990(a)(9) is amended to read: 11 (9) "legislative director" means the director of the legislative finance 12 division, the legislative auditor, the director of the legislative research agency, the 13 ombudsman, the child and family ombudsman, the victims' advocate, the executive 14 director of the Legislative Affairs Agency, and the directors of the divisions within the 15 Legislative Affairs Agency; 16 * Sec. 7. AS 33.30.231(a) is amended to read: 17 (a) A prisoner shall have reasonable access to a telephone except when access 18 is suspended as punishment for conviction of a rule infraction or pending a hearing for 19 a rule infraction involving telephone abuse. A suspension under this subsection must 20 be reasonable in length and may not prohibit telephone communication between the 21 prisoner and an attorney, [OR] between the prisoner and the office of the ombudsman, 22 or between the prisoner and the office of the child and family ombudsman. 23 * Sec. 8. AS 33.30.231(c) is amended to read: 24 (c) Notwithstanding AS 42.20.300 and 42.20.310, in order to preserve the 25 security and orderly administration of the correctional facility and to protect the 26 public, the commissioner shall monitor or record the telephone conversations of 27 prisoners. The commissioner shall post a warning by each telephone informing 28 prisoners that calls may be monitored or recorded. The monitoring or recording may 29 be conducted on all calls or selectively or in some other limited manner as determined 30 by the commissioner to be appropriate. A recording of a telephone call made under 31 this subsection shall be kept confidential, and access to the recording and its contents
01 is limited to persons who are acting within the scope of their official duties and whose 02 access to specific recordings has been authorized by the facility superintendent. A 03 telephone call between an attorney and a prisoner, [OR] between the office of the 04 ombudsman and a prisoner, or between the office of the child and family 05 ombudsman and a prisoner may not be monitored or recorded except when 06 authorized by a court. 07 * Sec. 9. AS 39.27.022(d) is amended to read: 08 (d) This section applies to employees of the legislature only if the committee 09 responsible for adopting employment policies concerning the employee adopts a 10 written policy that the section applies. This section applies to the employees of the 11 office of the ombudsman only if the ombudsman adopts a policy that the section 12 applies. This section applies to the employees of the office of the child and family 13 ombudsman only if the child and family ombudsman adopts a policy that the 14 section applies. This section applies to the employees of the office of victims' rights 15 only if the victims' advocate adopts a policy that the section applies. 16 * Sec. 10. AS 39.35.385(f) is amended to read: 17 (f) Subject to AS 39.35.450, an employee is eligible for a normal retirement 18 benefit at age 60 or an early retirement benefit at age 55 if the employee was first 19 hired as a legislative employee before May 30, 1987, and has at least 60 days of 20 credited service as an employee of the legislature, other than as an employee of the 21 Office of the Ombudsman, the office of the child and family ombudsman, or the 22 office of victims' rights, during each of five legislative sessions. An employee who 23 was first hired as a legislative employee on or after May 30, 1987, and is otherwise 24 eligible under this subsection must have at least 80 days of credited service during 25 each of five legislative sessions to receive benefits under this subsection. 26 * Sec. 11. AS 39.90.140(3) is amended to read: 27 (3) "matter of public concern" means 28 (A) a violation of a state, federal, or municipal law, regulation, 29 or ordinance; 30 (B) a danger to public health or safety; 31 (C) gross mismanagement, a substantial waste of funds, or a
01 clear abuse of authority; [OR] 02 (D) a matter accepted for investigation by the office of the 03 ombudsman under AS 24.55.100 or 24.55.320; or 04 (E) a matter accepted for investigation by the office of the 05 child and family ombudsman under AS 24.57; 06 * Sec. 12. AS 44.62.040(c) is amended to read: 07 (c) Before submitting the regulations and orders of repeal to the lieutenant 08 governor under (a) of this section, every state agency that by statute possesses 09 regulation making authority, except boards and commissions, the office of victims' 10 rights, the office of the child and family ombudsman, and the office of the 11 ombudsman, shall submit to the governor for review a copy of every regulation or 12 order of repeal adopted by the agency, except regulations and orders of repeal 13 identified in (a)(1) - (2) of this section. The governor may review the regulations and 14 orders of repeal received under this subsection. The governor may return the 15 regulations and orders of repeal to the adopting agency before they are submitted to 16 the lieutenant governor for filing under (a) of this section (1) if they are inconsistent 17 with the faithful execution of the laws, or (2) to enable the adopting agency to respond 18 to specific issues raised by the Administrative Regulation Review Committee. The 19 governor may not delegate the governor's review authority under this subsection to a 20 person other than the lieutenant governor. 21 * Sec. 13. AS 44.62.215 is amended to read: 22 Sec. 44.62.215. Record of public comment. In the drafting, review, or other 23 preparation of a proposed regulation, amendment, or order of repeal, an agency, other 24 than a board or commission, the office of victims' rights, the office of the child and 25 family ombudsman, and the office of the ombudsman, shall keep a record of its use 26 or rejection of factual or other substantive information that is submitted in writing as 27 public comment and that is relevant to the accuracy, coverage, or other aspect of the 28 proposed regulatory action. 29 * Sec. 14. AS 44.66.050(a) is amended to read: 30 (a) Before the termination, dissolution, continuation, or reestablishment of a 31 board or commission under AS 08.03.010 or AS 44.66.010, or of an agency program
01 under AS 44.66.020 and 44.66.030, a committee of reference of each house, which 02 shall be the standing committee of legislative jurisdiction as provided in the Uniform 03 Rules of the Legislature, shall hold one or more hearings to receive testimony from the 04 public, the commissioner of the department having administrative responsibility for 05 each named board, commission, or agency program, and the members of the board or 06 commission involved. The hearings may be joint hearings. The committee shall also 07 consider the proposed budget of the board, commission, or agency program, prepared 08 in accordance with AS 37.07.050(f), and the performance audit of the activities of the 09 board, commission, or agency program, prepared by the legislative audit division as 10 prescribed in AS 24.20.271(1). The committee may consider any other report of the 11 activities of the board, commission, or program, including but not limited to annual 12 reports, summaries prepared by the Legislative Affairs Agency, and any evaluation or 13 general report of the manner of conduct of activities of the board, commission, or 14 agency program prepared by the office of the ombudsman or the office of the child 15 and family ombudsman. 16 * Sec. 15. AS 44.66.050(c) is amended to read: 17 (c) A determination as to whether a board or commission or agency program 18 has demonstrated a public need for its continued existence must take into 19 consideration the following factors: 20 (1) the extent to which the board, commission, or program has 21 operated in the public interest; 22 (2) the extent to which the operation of the board, commission, or 23 agency program has been impeded or enhanced by existing statutes, procedures, and 24 practices that it has adopted, and any other matter, including budgetary, resource, and 25 personnel matters; 26 (3) the extent to which the board, commission, or agency has 27 recommended statutory changes that are generally of benefit to the public interest; 28 (4) the extent to which the board, commission, or agency has 29 encouraged interested persons to report to it concerning the effect of its regulations 30 and decisions on the effectiveness of service, economy of service, and availability of 31 service that it has provided;
01 (5) the extent to which the board, commission, or agency has 02 encouraged public participation in the making of its regulations and decisions; 03 (6) the efficiency with which public inquiries or complaints regarding 04 the activities of the board, commission, or agency filed with it, with the department to 05 which a board or commission is administratively assigned, or with the office of 06 victims' rights, the office of the child and family ombudsman, or the office of the 07 ombudsman have been processed and resolved; 08 (7) the extent to which a board or commission that regulates entry into 09 an occupation or profession has presented qualified applicants to serve the public; 10 (8) the extent to which state personnel practices, including affirmative 11 action requirements, have been complied with by the board, commission, or agency to 12 its own activities and the area of activity or interest; and 13 (9) the extent to which statutory, regulatory, budgeting, or other 14 changes are necessary to enable the agency, board, or commission to better serve the 15 interests of the public and to comply with the factors enumerated in this subsection. 16 * Sec. 16. AS 44.99.240(2) is amended to read: 17 (2) "state agency" means 18 (A) a department, institution, board, commission, division, 19 authority, public corporation, or other administrative unit of the executive 20 branch, including the University of Alaska and the Alaska Railroad 21 Corporation; 22 (B) a committee, division, or administrative unit of the 23 legislative branch, including the Alaska Legislative Council, the leadership of 24 each house, the office of victims' rights, the office of the child and family 25 ombudsman, and the office of the ombudsman; 26 (C) an administrative unit of the judicial branch, including the 27 Alaska Judicial Council and the Commission on Judicial Conduct. 28 * Sec. 17. AS 47.10.092(a) is amended to read: 29 (a) Notwithstanding AS 47.10.090 and 47.10.093, a parent or legal guardian of 30 a child subject to a proceeding under AS 47.10.005 - 47.10.142 may disclose 31 confidential or privileged information about the child or the child's family, including
01 information that has been lawfully obtained from agency or court files, to the 02 governor, the lieutenant governor, a legislator, the ombudsman appointed under 03 AS 24.55, the child and family ombudsman appointed under AS 24.57, the 04 attorney general, and the commissioners of health and social services, administration, 05 or public safety, or an employee of these persons, for review or use in their official 06 capacities. The department shall disclose additional confidential or privileged 07 information and make copies of documents available for inspection about the child or 08 the child's family to these state officials or employees for review or use in their official 09 capacities upon request of the official or employee and submission of satisfactory 10 evidence that a parent or legal guardian of the child has requested the state official's 11 assistance in the case as part of the official's duties. A person to whom disclosure is 12 made under this section may not disclose confidential or privileged information about 13 the child or the child's family to a person not authorized to receive it. 14 * Sec. 18. AS 47.12.320(a) is amended to read: 15 (a) Notwithstanding AS 47.12.300 and 47.12.310, 16 (1) a parent or legal guardian of a minor subject to a proceeding under 17 this chapter may disclose confidential or privileged information about the minor, 18 including information that has been lawfully obtained from agency or court files, to 19 the governor, the lieutenant governor, a legislator, the ombudsman appointed under 20 AS 24.55, the child and family ombudsman appointed under AS 24.57, the 21 attorney general, and the commissioners of health and social services, administration, 22 or public safety, or an employee of these persons, for review or use in their official 23 capacities; 24 (2) the department may disclose confidential or privileged information 25 about the minor and make available for inspection documents about the minor to the 26 state officials or employees identified in (1) of this subsection for review or use in 27 their official capacities; and 28 (3) a person to whom disclosure is made under (1) or (2) of this 29 subsection may not disclose confidential or privileged information about the minor to 30 a person not authorized to receive it. 31 * Sec. 19. AS 47.17.040(b) is amended to read:
01 (b) Investigation reports and reports of harm filed under this chapter are 02 considered confidential and are not subject to public inspection and copying under 03 AS 40.25.110 and 40.25.120. However, in accordance with department regulations, 04 investigation reports may be used by appropriate governmental agencies with child- 05 protection functions, inside and outside the state, in connection with investigations or 06 judicial proceedings involving child abuse, neglect, or custody. In accordance with 07 department regulations, investigation reports and reports of harm about a 08 particular child, including the identity of the person or persons who reported the 09 harm, shall also be disclosed to the child and family ombudsman for use in 10 performing the official functions of the office of the child and family ombudsman 11 when the child and family ombudsman requests a copy of the reports about the 12 particular child. A person, not acting in accordance with department regulations, 13 who with criminal negligence makes public information contained in confidential 14 reports is guilty of a class B misdemeanor. 15 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITIONAL PROVISIONS. (a) A complaint received under AS 24.55 before 18 the effective date of secs. 1 - 19 of this Act shall remain within the jurisdiction of the 19 ombudsman under AS 24.55 until action on the complaint is completed. 20 (b) Notwithstanding the effective date of sec. 1 of this Act, 21 (1) the ombudsman selection committee shall immediately begin the process 22 to appoint a child and family ombudsman, and the appointment becomes effective under the 23 provisions of AS 24.57.020, enacted by sec. 1 of this Act; 24 (2) after the appointment of the child and family ombudsman becomes 25 effective, the child and family ombudsman shall immediately begin to hire staff and adopt 26 rules governing the office. 27 * Sec. 21. Section 20 of this Act takes effect immediately under AS 01.10.070(c). 28 * Sec. 22. Except as provided in sec. 21 of this Act, this Act takes effect July 1, 2003.