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HOUSE BILL NO. 209
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES THOMPSON, Edgmon, Stutes, Knopp
Introduced: 1/21/20
Referred: Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to public finance; creating the Department of Management and
2 Budget; transferring the duties of the office of management and budget to the
3 Department of Management and Budget; and providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 06.55.850(d) is amended to read:
6 (d) In January of each year, the department shall report to the Department of
7 Management and Budget [OFFICE OF MANAGEMENT AND BUDGET] all fee
8 levels and revisions made for the previous year under this section.
9 * Sec. 2. AS 06.60.530 is amended to read:
10 Sec. 06.60.530. Fund report. Every six months, the department shall provide
11 a written report to the commissioner [DIRECTOR OF THE OFFICE] of management
12 and budget on the activities of the fund, the balances in the fund, interest earned on the
13 fund, and interest returned to the fund.
14 * Sec. 3. AS 08.01.065(c) is amended to read:
15 (c) Except as provided in (f) - (j) of this section, the department shall establish
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1 fee levels under (a) of this section so that the total amount of fees collected for an
2 occupation approximately equals the actual regulatory costs for the occupation. The
3 department shall annually review each fee level to determine whether the regulatory
4 costs of each occupation are approximately equal to fee collections related to that
5 occupation. If the review indicates that an occupation's fee collections and regulatory
6 costs are not approximately equal, the department shall calculate fee adjustments and
7 adopt regulations under (a) of this section to implement the adjustments. In January of
8 each year, the department shall report on all fee levels and revisions for the previous
9 year under this subsection to the Department of Management and Budget [OFFICE
10 OF MANAGEMENT AND BUDGET]. If a board regulates an occupation covered by
11 this chapter, the department shall consider the board's recommendations concerning
12 the occupation's fee levels and regulatory costs before revising fee schedules to
13 comply with this subsection. In this subsection, "regulatory costs" means costs of the
14 department that are attributable to regulation of an occupation plus
15 (1) all expenses of the board that regulates the occupation if the board
16 regulates only one occupation;
17 (2) the expenses of a board that are attributable to the occupation if the
18 board regulates more than one occupation.
19 * Sec. 4. AS 14.20.020(c) is amended to read:
20 (c) The board may establish by regulation additional requirements for the
21 issuance of certificates. The board shall require teachers to submit fingerprints and the
22 fees required by the Department of Public Safety under AS 12.62.160 for criminal
23 justice information and a national criminal history record check. The board shall
24 submit the fingerprints and fees to the Department of Public Safety for a report of
25 criminal justice information under AS 12.62 and a national criminal history record
26 check under AS 12.62.400. The department shall establish by regulation the fees to be
27 charged for each certificate and for other charges assessed against teachers as part of
28 certification. In establishing the fees to be charged, the department shall establish the
29 fee levels so that the total amount of the fees collected relating to the certification of
30 teachers approximately equals, when added to the other fees collected from teachers,
31 the actual regulatory costs for certifying and disciplining teachers in the state. The
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1 department shall annually review each fee level to determine whether the regulatory
2 costs are approximately equal to fee collections. If the review indicates that fee
3 collections and regulatory costs are not approximately equal, the department shall
4 calculate fee adjustments to the fees for certification of teachers and adopt regulations
5 under this subsection to implement the adjustments. In January of each year, the
6 department shall report on all fee levels and revisions for the previous year under this
7 subsection to the Department of Management and Budget [OFFICE OF
8 MANAGEMENT AND BUDGET]. The department shall consider the board's
9 recommendations concerning the fee levels and regulatory costs before revising fee
10 schedules to comply with this subsection. In this subsection, "regulatory costs" means
11 costs of the department that are attributable to regulation of the teaching profession,
12 including the portion of the expenses of the board that are attributable to the regulation
13 of the teaching profession and the expenses of the Professional Teaching Practices
14 Commission.
15 * Sec. 5. AS 14.40.325 is amended to read:
16 Sec. 14.40.325. Reallocation within state appropriations. Notwithstanding
17 the provisions of AS 37.07.080(e), each appropriation to the University of Alaska is
18 subject to reallocation by the university administration under procedures established
19 by the Board of Regents and the Department of Management and Budget [OFFICE
20 OF MANAGEMENT AND BUDGET IN THE OFFICE OF THE GOVERNOR].
21 Transfers may not be made between appropriations except as provided in an act
22 making transfers between appropriations.
23 * Sec. 6. AS 23.50.030(a) is amended to read:
24 (a) The attorney general shall adopt regulations that establish the amount and
25 manner of payment of a registration fee for authorized third parties. The attorney
26 general shall establish the fee level so that the total amount of fees collected from
27 authorized third parties approximately equals the actual regulatory costs for the
28 oversight of joint negotiations between physicians and health benefit plans. The
29 attorney general shall annually review the fee level to determine whether the
30 regulatory costs are approximately equal to fee collections. If the review indicates that
31 the fee collections and regulatory costs are not approximately equal, the attorney
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1 general shall calculate fee adjustments and adopt regulations under this subsection to
2 implement the adjustments. In January of each year, the attorney general shall report
3 on the fee level and revisions for the previous year under this subsection to the
4 Department of Management and Budget [OFFICE OF MANAGEMENT AND
5 BUDGET].
6 * Sec. 7. AS 24.08.035(a) is amended to read:
7 (a) Before a bill or resolution, except an appropriation bill, is reported from
8 the committee of first referral, there shall be attached to the bill a fiscal note
9 containing an estimate of the amount of the appropriation increase or decrease that
10 would result from enactment of the bill for the current fiscal year and five succeeding
11 fiscal years or, if the bill has no fiscal impact, a statement to that effect shall be
12 attached. The fiscal note or statement shall be prepared in conformity with the
13 requirements of this section by the department or departments affected and may be
14 reviewed by the Department of Management and Budget [OFFICE OF
15 MANAGEMENT AND BUDGET]. The fiscal note or statement shall be delivered to
16 the committee requesting it within three days after [OF] the request is made. If the
17 bill is presented by the governor for introduction in accordance with AS 24.08.060(b)
18 and the uniform rules of the legislature, the fiscal note or statement shall be attached to
19 the bill before the bill is introduced. An amendment or a substitute bill proposed by a
20 committee of referral that changes the fiscal impact of a bill shall be explained in a
21 revised fiscal note or statement attached to the bill.
22 * Sec. 8. AS 24.08.035(d) is amended to read:
23 (d) The original of a fiscal note shall be submitted to the Division of
24 Legislative Finance and copies shall be sent to the prime sponsor, the committee
25 requesting the fiscal note, and the Department of Management and Budget
26 [OFFICE OF MANAGEMENT AND BUDGET].
27 * Sec. 9. AS 24.20.231 is amended to read:
28 Sec. 24.20.231. Duties. The legislative finance division shall
29 (1) analyze the budget and appropriation requests of each department,
30 institution, bureau, board, commission, or other agency of state government;
31 (2) analyze the revenue requirements of the state;
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1 (3) provide the finance committees of the legislature with
2 comprehensive budget review and fiscal analysis services;
3 (4) cooperate with the Department of Management and Budget
4 [OFFICE OF MANAGEMENT AND BUDGET] in establishing a comprehensive
5 system for state budgeting and financial management as set out in AS 37.07
6 (Executive Budget Act);
7 (5) complete studies and prepare reports, memoranda, or other
8 materials as directed by the Legislative Budget and Audit Committee;
9 (6) with the governor's permission, designate the legislative fiscal
10 analyst to serve ex officio on the governor's budget review committee;
11 (7) identify the actual reduction in state expenditures in the first fiscal
12 year following a review under AS 44.66.040 resulting from that review and inform the
13 Legislative Budget and Audit Committee of the amount of the reduction; and
14 (8) not later than the first legislative day of each first regular session of
15 each legislature, conduct a review in accordance with AS 24.20.235 of the report
16 provided to the division under AS 43.05.095.
17 * Sec. 10. AS 29.05.200(b) is amended to read:
18 (b) Before August 31 of each fiscal year, the department shall submit a report
19 to the Department of Management and Budget [OFFICE OF MANAGEMENT
20 AND BUDGET] indicating
21 (1) each municipality expected to qualify to receive an organization
22 grant during the next fiscal year;
23 (2) the amount of money needed to cover all organization grants
24 expected to be awarded during the next fiscal year.
25 * Sec. 11. AS 30.17.130(c) is amended to read:
26 (c) The authority may not accept transfer by the federal government of title to,
27 an interest in, control over, or responsibility for a facility or other real or personal
28 property located at the Adak Naval Air Facility unless sufficient federal or other
29 money is available to the authority to manage the property or operate the facility at a
30 minimal level for two years after the date of the transfer. The commissioner
31 [DIRECTOR OF THE OFFICE] of management and budget shall determine whether
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1 sufficient money is available to the authority with respect to each proposed transfer
2 subject to this subsection, and approve or disapprove the proposed transfer.
3 * Sec. 12. AS 35.10.135 is amended to read:
4 Sec. 35.10.135. Public facility planning fund. The [THERE IS
5 ESTABLISHED WITHIN THE OFFICE OF THE GOVERNOR, OFFICE OF
6 MANAGEMENT AND BUDGET A] public facility planning fund is established
7 within the Department of Management and Budget. The fund is a capital fund and
8 consists of (1) money appropriated by the legislature, (2) money reimbursed to it from
9 the proceeds of the sales of general obligation bonds and revenue bonds issued for
10 projects and (3) money reimbursed to it from appropriations for any projects for which
11 money from the fund has been spent. The fund is available for expenditure, on a
12 reimbursable basis, only for the purposes of providing working capital for facility
13 program planning and for facility procurement planning as specified in this chapter.
14 All expenditures from the fund are subject to an independent audit, which shall be
15 made annually and reported to the governor and the legislature.
16 * Sec. 13. AS 37.07.040 is amended to read:
17 Sec. 37.07.040. Duties of the Department of Management and Budget
18 [OFFICE OF MANAGEMENT AND BUDGET]. The Department of
19 Management and Budget [ALASKA OFFICE OF MANAGEMENT AND
20 BUDGET] shall
21 (1) assist the governor in meeting the requirements of AS 37.07.020,
22 including the coordination and analysis of state agency goals and objectives, plans,
23 and budget requests;
24 (2) prepare for submission to the governor an annually updated six-
25 year capital improvements program and the proposed capital improvements budget for
26 the coming fiscal year, the latter to include individual project justification with
27 documentation of estimated project cost;
28 (3) develop procedures to produce the information needed for effective
29 policy decision making, including procedures to provide for the dissemination of
30 information about plans, programs, and budget requests to be included in the annual
31 budget and opportunity for public review and comment during the period of budget
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1 preparation;
2 (4) assist state agencies in their statement of goals and objectives to
3 achieve, among other things, the legislature's mission and desired results, preparation
4 of plans, assessments of the extent to which missions and desired results have been
5 achieved, budget requests, and reporting of program performance; all documents
6 forwarded by the department [OFFICE] to a state agency containing instructions for
7 the preparation of program plans and budget requests and the reporting of program
8 performance are public information after the date they are forwarded;
9 (5) administer its responsibilities under the program execution
10 provisions of this chapter so that the policy decisions and budget determinations of the
11 governor and the legislature are implemented;
12 (6) provide the legislative finance division with the budget information
13 it may request;
14 (7) provide the legislative finance division with an advance copy of the
15 governor's budget workbooks at least seven days before the legislature convenes in a
16 regular session;
17 (8) prepare the proposed capital improvements budget for the coming
18 fiscal year evaluating both state and local requests from the standpoint of need, equity,
19 and priorities of the jurisdiction; other factors such as project amounts, population,
20 local financial match, federal funds being used for local match, municipality or
21 unincorporated community acceptance of the facility, and all associated costs of the
22 facility may be considered;
23 (9) for each department in the executive branch, report to the
24