Enrolled HB 190: Amending the Alaska children's trust and relating to the trust; establishing a children's trust grant account; relating to birth certificates and certificates of marriage; relating to special request Alaska children's trust license plates; and amending the State Procurement Code to exempt the Alaska children's trust and the Alaska Children's Trust Board.
00Enrolled HB 190 01 Amending the Alaska children's trust and relating to the trust; establishing a children's trust 02 grant account; relating to birth certificates and certificates of marriage; relating to special 03 request Alaska children's trust license plates; and amending the State Procurement Code to 04 exempt the Alaska children's trust and the Alaska Children's Trust Board. 05 _______________ 06 * Section 1. AS 18.50.225(d) is repealed and reenacted to read: 07 (d) The estimated amount by which the fees received under this section exceed 08 the cost of issuing birth certificates under (a) of this section may be appropriated 09 annually by the legislature to the Alaska children's trust grant account (AS 37.14.205). 10 * Sec. 2. AS 18.50.272(e) is repealed and reenacted to read: 11 (e) The estimated amount by which the fees received under this section exceed 12 the cost of issuing heirloom certificates of marriage under (a) of this section may be
01 appropriated annually by the legislature to the Alaska children's trust grant account 02 (AS 37.14.205). 03 * Sec. 3. AS 28.10.421(d)(14) is amended to read: 04 (14) special request Alaska children's trust plates ....................... $100 05 plus the fee required for that vehicle under (b), (c), (h), or (i) of this section; the fee 06 required by this paragraph shall be collected only on the first issuance and the 07 replacement of special request plates; the commissioner of administration shall 08 separately account for the fees received under this paragraph that the department 09 deposits in the general fund; notwithstanding (g) of this section, the annual estimated 10 balance in the account that is in excess of the cost of issuing special request plates may 11 be appropriated by the legislature into the Alaska children's trust grant account 12 established in AS 37.14.205 [PRINCIPAL OF THE ALASKA CHILDREN'S 13 TRUST UNDER AS 37.14.200]; 14 * Sec. 4. AS 36.30.990(1) is amended to read: 15 (1) "agency" 16 (A) means a department, institution, board, commission, 17 division, authority, public corporation, the Alaska Pioneers' Home, the Alaska 18 Veterans' Home, or other administrative unit of the executive branch of state 19 government; 20 (B) does not include 21 (i) the University of Alaska; 22 (ii) the Alaska Railroad Corporation; 23 (iii) the Alaska Housing Finance Corporation; 24 (iv) a regional Native housing authority created under 25 AS 18.55.996 or a regional electrical authority created under 26 AS 18.57.020; 27 (v) the Department of Transportation and Public 28 Facilities, in regard to the repair, maintenance, and reconstruction of 29 vessels, docking facilities, and passenger and vehicle transfer facilities 30 of the Alaska marine highway system; 31 (vi) the Alaska Aerospace Corporation;
01 (vii) the Alaska Retirement Management Board; 02 (viii) the Alaska Seafood Marketing Institute; 03 (ix) the Alaska children's trust and the Alaska 04 Children's Trust Board; 05 * Sec. 5. AS 37.14.200(b) is amended to read: 06 (b) The [PRINCIPAL OF THE] trust consists of 07 (1) legislative appropriations to the trust; [AND] 08 (2) donations to the trust; and 09 (3) income earned on investments of trust assets appropriated by 10 the legislature to the trust [GIFTS, BEQUESTS, AND CONTRIBUTIONS OF 11 CASH OR OTHER ASSETS FROM A PERSON]. 12 * Sec. 6. AS 37.14.200(c) is repealed and reenacted to read: 13 (c) The commissioner of revenue shall manage the trust as an endowment, 14 with the goal that the purchasing power of the trust will not diminish over time 15 without regard to additional contributions that may be made to the trust. The 16 commissioner shall invest the assets of the trust in a manner likely to yield at least a 17 five percent real rate of return over time. The commissioner may comingle the assets 18 of the trust with other public funds for purposes of investment. 19 * Sec. 7. AS 37.14.200 is amended by adding new subsections to read: 20 (d) In carrying out the investment duties under AS 37.14.200 - 37.14.270, the 21 commissioner of revenue has the powers and duties set out in AS 37.10.071. The 22 commissioner shall provide reports to the board on the condition and investment 23 performance of the trust. 24 (e) As soon as is practicable after July 1 of each year, the commissioner of 25 revenue shall determine the average of the market values of the trust on June 30 for 26 the immediately preceding three fiscal years. The commissioner shall identify five 27 percent of that amount as available for appropriation to the grant account from which 28 the board may award grants under AS 37.14.230. The commissioner shall also report 29 as available for appropriation a total of amounts previously identified as available for 30 appropriation to the grant account that have not been appropriated. 31 (f) The legislature may appropriate from the principal of the trust up to
01 $150,000 each year for the administrative expenses of the board relating to 02 AS 37.14.200 - 37.14.270. The legislature may also appropriate from the principal of 03 the trust expenses related to the commissioner of revenue's management of trust 04 assets. 05 (g) Nothing in this section creates a dedicated fund. 06 * Sec. 8. AS 37.14 is amended by adding a new section to read: 07 Sec. 37.14.205. Alaska children's trust grant account. (a) The Alaska 08 children's trust grant account is established as an account in the general fund. The 09 legislature may appropriate funds to the grant account from 10 (1) the trust account in the amount described in AS 37.14.200(e); 11 (2) program receipts from special request Alaska children's trust plates 12 under AS 28.10.421(d)(14); 13 (3) program receipts from birth certificates under AS 18.50.225; 14 (4) program receipts from certificates of marriage under AS 18.50.272; 15 (5) private restricted-use donations; and 16 (6) any other source. 17 (b) The board may use money in the grant account for the following purposes 18 and without further appropriation: 19 (1) to make grants under AS 37.14.230; 20 (2) to obtain private and federal grants for the trust and the grant 21 account; 22 (3) to solicit contributions, gifts, and bequests for the trust and the 23 grant account; 24 (4) to expend private restricted-use donations in conformity with the 25 donor's restrictions. 26 * Sec. 9. AS 37.14.225 is amended to read: 27 Sec. 37.14.225. Trust board established. The Alaska Children's Trust Board 28 is established in the Office of the Governor. The board is composed of 29 (1) the governor or a designee of the governor; 30 (2) the commissioner of health and social services or the 31 commissioner's designee;
01 (3) the commissioner of education and early development or the 02 commissioner's designee; and 03 (4) four public members appointed by the governor [; IN 04 APPOINTING THE PUBLIC MEMBERS, THE GOVERNOR SHALL GIVE A 05 PREFERENCE TO PERSONS] who have experience and expertise in 06 (A) children's or prevention programs, including child abuse 07 and neglect prevention programs; or 08 (B) private sector finance. 09 * Sec. 10. AS 37.14.230 is amended to read: 10 Sec. 37.14.230. Powers and duties of the board. The [WHEN ACTING AS 11 ADMINISTRATOR OF THE TRUST, THE] board shall 12 (1) hold regular and special meetings it considers necessary; the board 13 may hold meetings by teleconference; 14 (2) award grants from the grant account [NET INCOME OF THE 15 TRUST] to community-based programs [AND PROJECTS] that the board finds will 16 aid in the prevention of child abuse and neglect; 17 (3) monitor approved programs [AND PROJECTS] for compliance 18 with AS 37.14.200 - 37.14.270 and specified grant conditions; 19 (4) maintain records for all donations to the trust and the grant 20 account; the records must reflect the amount of the donation, the date of the 21 donation, the donor's intent, if any, with respect to how the donation is to be 22 used, the account into which the donation was deposited, and the manner in 23 which the donation was expended [BEFORE PROVIDING ASSISTANCE TO A 24 PROGRAM OR PROJECT, APPROVE WRITTEN FINDINGS ON THE 25 PROGRAM OR PROJECT THAT INCLUDE A CONSIDERATION OF THE 26 MEANS OF MEASURING THE EFFECTIVENESS OF THE PROGRAM OR 27 PROJECT]; 28 (5) apply for [,] and use funds from the grant account [NET 29 INCOME FROM THE TRUST] to obtain [,] private and federal grants for the 30 prevention of child abuse and neglect; 31 (6) solicit contributions, gifts, and bequests to the trust and the grant
01 account; 02 (7) keep electronic [AUDIO TAPE] recordings of each meeting of the 03 board to be made available on request; [AND] 04 (8) submit to the governor and make available to the legislature by 05 February 1 each year a report describing 06 (A) the child abuse and neglect prevention services that were 07 provided by the programs [AND PROJECTS] to which the board awarded 08 grants; and 09 (B) the annual level of contributions, income, and expenses of 10 the trust and the grant account; 11 (9) make arrangements with the commissioner or a financial 12 depository to manage private restricted-use donations that are not fully expended 13 and account for any interest earned on the donations. 14 * Sec. 11. AS 37.14.230 is amended by adding a new subsection to read: 15 (b) The board may enter into joint arrangements with a private nonprofit entity 16 or entities for the purpose of making grants and fundraising for the support of child 17 abuse and neglect prevention programs. In entering into a joint arrangement, the board 18 may not delegate its duties or authority under AS 37.14.200 - 37.14.270. 19 * Sec. 12. AS 37.14 is amended by adding a new section to read: 20 Sec. 37.14.245. Regulations. (a) The board may adopt regulations to 21 implement AS 37.14.200 - 37.14.270. Regulations adopted by the board are not 22 subject to AS 44.62 (Administrative Procedure Act). The board shall comply with the 23 requirements of AS 44.62.310 and 44.62.312. 24 (b) Notwithstanding (a) of this section, a regulation adopted under 25 AS 37.14.200 - 37.14.270 shall be published in the Alaska Administrative Register 26 and Alaska Administrative Code for informational purposes. A regulation adopted 27 under this section shall conform to the style and format requirements of the drafting 28 manual for administrative regulations that is published under AS 44.62.050. 29 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 30 under this section, the board shall provide notice of the action that is being considered. 31 The notice must include publication in a newspaper of general circulation in the state.
01 (d) A regulation adopted under this section takes effect 30 days after adoption 02 by the board unless a later effective date is stated in the regulation. 03 (e) Notwithstanding the other provisions of this section, a regulation may be 04 adopted, amended, or repealed, effective immediately, as an emergency regulation. 05 For an emergency regulation to be effective, the board must find that the immediate 06 adoption, amendment, or repeal of the regulation is necessary. The board shall, within 07 10 days after adoption of an emergency regulation, give notice of the adoption under 08 (c) of this section. An emergency regulation adopted under this subsection may not 09 remain in effect past the date of the next regular meeting of the board unless the board 10 complies with the procedures set out in this section and adopts the regulation as a 11 permanent regulation. 12 (f) In this section, "regulation" has the meaning given in AS 44.62.640(a). 13 * Sec. 13. AS 37.14.270 is repealed and reenacted to read: 14 Sec. 37.14.270. Definitions. In AS 37.14.200 - 37.14.270, unless the context 15 otherwise requires, 16 (1) "board" means the Alaska Children's Trust Board; 17 (2) "grant account" means the Alaska children's trust grant account 18 established in AS 37.14.205; 19 (3) "private restricted-use donation" means a donation related to the 20 prevention of child abuse and neglect where a donor specifies in writing that the 21 donation be used for any purpose other than to be placed in the corpus of the trust and 22 invested with trust assets; 23 (4) "trust" means the Alaska children's trust established in 24 AS 37.14.200. 25 * Sec. 14. AS 37.14.210, 37.14.240, 37.14.250, and 37.14.260 are repealed.