CSHB 4001(FIN): "An Act prohibiting the commissioner of administration from adopting, allowing to become law, or implementing regulations that grant or extend employment-related benefits to same-sex partners of state employees and members of the state retirement systems unless expressly authorized by statute; providing for the authority of the commissioner of administration to take certain actions relating to those benefits if a contingency is met; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 4001(FIN) 01 "An Act prohibiting the commissioner of administration from adopting, allowing to 02 become law, or implementing regulations that grant or extend employment-related 03 benefits to same-sex partners of state employees and members of the state retirement 04 systems unless expressly authorized by statute; providing for the authority of the 05 commissioner of administration to take certain actions relating to those benefits if a 06 contingency is met; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 44.21 is amended by adding a new section to read: 09 Sec. 44.21.015. Regulations and other actions prohibited. The 10 commissioner of administration may not adopt, allow to become law, or implement 11 regulations that grant or extend employment-related benefits to same-sex partners of 12 state employees or members of the state retirement systems unless expressly 13 authorized by statute.
01 * Sec. 2. AS 44.21.015 is repealed and reenacted to read: 02 Sec. 44.21.015. Regulations and other actions authorized. The 03 commissioner of administration may adopt, allow to become law, and implement 04 regulations that grant or extend employment-related benefits to same-sex partners of 05 state employees or members of the state retirement systems. Regulations adopted 06 under this section relate to internal management and are not subject to AS 44.62 07 (Administrative Procedure Act). The commissioner of administration shall follow the 08 procedures set out in AS 39.35.005 to adopt regulations under this section. 09 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 CONTINGENCY. Section 2 of this Act is contingent on the occurrence of the earliest 12 of the following events: 13 (1) the date that the director of elections certifies the results of a special 14 election of an advisory vote on whether the legislature should adopt a proposed constitutional 15 amendment to the state constitution to be considered by the voters at the 2008 general election 16 that would prohibit the state or a municipality or other subdivision of the state from providing 17 employment benefits to same-sex partners of public employees that is authorized by the 18 Fourth Special Session of the Twenty-Fourth Alaska State Legislature in which the majority 19 of qualified voters voting voted "No"; 20 (2) the legislature has not passed, by August 1, 2008, a joint resolution to 21 place on the 2008 general election ballot a constitutional amendment that would prohibit the 22 state or a municipality or other subdivision of the state from providing employment benefits 23 to same-sex partners of public employees; 24 (3) the date that the director of elections certifies the results of the 2008 25 general election concerning the constitutional amendment described in (2) of this section in 26 which the majority of the qualified voters voting on the question voted "No." 27 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 RETROACTIVITY. AS 44.21.015, added by sec. 1 of this Act, is retroactive to 30 June 1, 2006. 31 * Sec. 5. If, under sec. 3 of this Act, sec. 2 of this Act takes effect, it takes effect the day
01 following the date that the appropriate contingency described in sec. 3 of this Act is met. 02 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect immediately under 03 AS 01.10.070(c).