CSSB 221(STA): "An Act relating to special sessions of the legislature; relating to appropriations of federal or other receipts; relating to an increase of an appropriation based on additional federal or other receipts; and providing for an effective date."
00 CS FOR SENATE BILL NO. 221(STA) 01 "An Act relating to special sessions of the legislature; relating to appropriations of 02 federal or other receipts; relating to an increase of an appropriation based on additional 03 federal or other receipts; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 24.05.100(a) is amended to read: 06 (a) The legislature may hold a special session not exceeding 30 calendar days 07 in length. The special session shall be called in either of the following ways: 08 (1) The governor may call the legislature into special session by 09 issuing a proclamation. At a special session called by the governor, legislation is 10 limited to the subjects designated by the governor in the proclamation or to the 11 subjects presented by the governor, and to reconsideration of legislation, if any, vetoed 12 following a regular session of that legislature. To enable the legislators to make travel 13 and other arrangements, a proclamation for a special session shall be issued at least 30 14 days in advance of the convening date stated in the proclamation unless
01 (A) the proclamation is issued under AS 26.23.020(k); 02 (B) the special session is called to address a disaster; in this 03 subparagraph, "disaster" has the meaning given in AS 26.23.900; 04 (C) the proclamation is issued while both houses are in regular 05 or special session; [OR] 06 (D) the proclamation is issued within one hour after the second 07 house has adjourned from a regular or special session; or 08 (E) the proclamation is issued under AS 37.07.080(i). 09 (2) The legislature may call itself into special session if two-thirds of 10 the membership responds in the affirmative to a poll conducted by the presiding 11 officer of each house. Each presiding officer may initiate a poll by their joint 12 agreement, and each shall initiate a poll upon the request of 25 percent of the 13 membership of each house, expressed in writing and signed by those members. When 14 two-thirds of the membership to which the legislature is entitled responds in the 15 affirmative, the president of the senate and speaker of the house shall jointly announce 16 the result of the poll and a date for the convening of the special session. If one of the 17 presiding officers is deceased, has resigned, or is incapacitated, the presiding officer of 18 the other house may conduct the poll of the members of both houses. 19 * Sec. 2. AS 37.07.080(h) is amended to read: 20 (h) The legislature may provide for a specific maximum increase of a 21 funded appropriation item or a maximum funding amount for a new 22 appropriation item in an appropriation bill based on potential additional federal 23 or other receipts. The legislature may provide for the increase as a percentage of 24 the funded [AN] appropriation item. Expenditures under this subsection [BASED 25 ON ADDITIONAL FEDERAL OR OTHER PROGRAM RECEIPTS NOT 26 SPECIFICALLY APPROPRIATED BY THE FULL LEGISLATURE] may be made 27 only [EXPENDED] in accordance with the following procedures: 28 (1) the governor shall submit a revised program to the Legislative 29 Budget and Audit Committee for review; 30 (2) the Legislative Budget and Audit Committee 31 (A) shall
01 (i) review the revised program; and 02 (ii) notify the full legislature that the revised 03 program is available for review and comment by the full 04 legislature; and 05 (B) may recommend to the governor an alternative funding 06 amount for the specific maximum increase of the funded appropriation 07 item or the new appropriation item or alternative funding distributions 08 among multiple specific maximum increases of funded appropriation 09 items or new appropriation items in an applicable appropriation bill or 10 bills; 11 (3) the governor may submit a corrected or otherwise changed 12 revised program to the Legislative Budget and Audit Committee for review; 13 (4) when the governor has submitted a final revised program to 14 the Legislative Budget and Audit Committee for review, the Legislative Budget 15 and Audit Committee shall confirm the revised program does not exceed the 16 specific maximum increase of a funded appropriation item or the maximum 17 funding amount for a new appropriation item in the applicable appropriation 18 bill; 19 (5) 45 days shall elapse before commencement of expenditures under 20 the revised program confirmed by the Legislative Budget and Audit Committee 21 unless the Legislative Budget and Audit Committee earlier recommends that the state 22 take part in the federally or otherwise funded activity [; 23 (3) SHOULD THE LEGISLATIVE BUDGET AND AUDIT 24 COMMITTEE RECOMMEND WITHIN THE 45-DAY PERIOD THAT THE 25 STATE NOT INITIATE THE ADDITIONAL ACTIVITY, THE GOVERNOR 26 SHALL AGAIN REVIEW THE REVISED PROGRAM AND IF THE GOVERNOR 27 DETERMINES TO AUTHORIZE THE EXPENDITURE, THE GOVERNOR 28 SHALL PROVIDE THE LEGISLATIVE BUDGET AND AUDIT COMMITTEE 29 WITH A STATEMENT OF THE GOVERNOR'S REASONS BEFORE 30 COMMENCEMENT OF EXPENDITURES UNDER THE REVISED PROGRAM]. 31 * Sec. 3. AS 37.07.080 is amended by adding a new subsection to read:
01 (i) When the legislature is not in session, the governor or the legislature may 02 call a special session under AS 24.05.100(a) to appropriate additional federal or other 03 receipts that exceed expenditures allowed under (h) of this section or to appropriate 04 additional federal or other receipts for an item, program, or project not previously 05 provided for in an appropriation bill. 06 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. This Act does not apply to appropriations that were increased 09 before the effective date of this Act based on compliance with AS 37.07.080(h), as that 10 section read before the effective date of this Act. 11 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).