00                      CS FOR SENATE BILL NO. 376(HES)                                                                   
01 "An Act relating to public assistance and subpoena powers; and relating to the                                          
02 permanent fund dividend and subpoena powers."                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 43.23 is amended by adding a new section to read:                                                 
05            Sec. 43.23.033.  Subpoena power.  (a)  The commissioner or the                                           
06       commissioner's designee may issue subpoenas to compel the production of books,                                    
07       papers, correspondence, memoranda, and other records considered necessary as                                      
08       evidence in connection with an investigation under or the administration of this                                  
09       chapter.                                                                                                          
10            (b)  In case of refusal to obey a subpoena issued to any person under (a) of this                            
11       section, the superior court may, upon application by the department, issue an order                               
12       requiring the person to appear before the department to produce evidence if ordered.                              
13       Failure to obey the order of the court is punishable as contempt.                                                 
14            (c)  A person who, without just cause, fails or refuses to produce books,                                    

01       papers, correspondence, memoranda, and other records, if it is in the person's power to                           
02       do so, in obedience to a subpoena of the department or an authorized representative of                            
03       it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment                            
04       for not more than 60 days, or by both.  Each day the failure or refusal continues is a                            
05       separate offense.                                                                                                 
06    * Sec. 2.  AS 47.05 is amended by adding a new section to read:                                                    
07            Sec. 47.05.085.  Subpoena power.  (a)  The commissioner or the                                           
08       commissioner's designee may issue subpoenas to compel the production of books,                                    
09       papers, correspondence, memoranda, and other records considered necessary as                                      
10       evidence in connection with an investigation under or the administration of AS 47.07                              
11       (medical assistance), AS 47.08 (assistance for catastrophic illnesses and acute or                                
12       chronic medical conditions), AS 47.25 (day care assistance, child care grants, general                            
13       relief, adult public assistance, and food stamps), and AS 47.27 (Alaska temporary                                 
14       assistance program).                                                                                              
15            (b)  In case of refusal to obey a subpoena issued to any person under (a) of this                            
16       section, the superior court may, upon application by the department, issue an order                               
17       requiring the person to appear before the department to produce evidence if ordered.                              
18       Failure to obey the order of the court is punishable as contempt.                                                 
19            (c)  A person who, without just cause, fails or refuses to produce books,                                    
20       papers, correspondence, memoranda, and other records, if it is in the person's power to                           
21       do so, in obedience to a subpoena of the department or an authorized representative of                            
22       it, upon conviction, is punishable by a fine of not more than $200, or by imprisonment                            
23       for not more than 60 days, or by both.  Each day the failure or refusal continues is a                            
24       separate offense.