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SENATE BILL NO. 57
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - FIRST SESSION
BY SENATOR HUGHES
Introduced: 1/29/21
Referred: State Affairs, Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing a violation for hindering the Alaska Sunset Commission; relating
2 to the Legislative Budget and Audit Committee; relating to the duties of the legislature;
3 relating to the legislative audit division and the legislative finance division; establishing
4 the Alaska Sunset Commission to review and make recommendations on discontinuation
5 of or changes to state entities; and relating to the powers and duties of the Alaska Sunset
6 Commission."
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
8 * Section 1. AS 11.56.845 is amended to read:
9 Sec. 11.56.845. Hindering the Legislative Budget and Audit Committee or
10 the Alaska Sunset Commission. (a) A person commits hindering the Legislative
11 Budget and Audit Committee or the Alaska Sunset Commission established in
12 AS 44.99.700 if the person intentionally (1) fails to give, or (2) directs, orders,
13 threatens, restrains, coerces, forces, or prevents another person from giving, full
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1 cooperation to the legislative auditor, [OR] the legislative fiscal analyst, or a member
2 or employee of the Alaska Sunset Commission in assembling or furnishing
3 requested information to the committee, [OR] its staff, or the Alaska Sunset
4 Commission, and the person did not reasonably believe that the action or failure to act
5 was legally justified.
6 (b) Hindering the Legislative Budget and Audit Committee or the Alaska
7 Sunset Commission is a violation, punishable by a fine of not more than $5,000.
8 * Sec. 2. AS 24.08.060(b) is amended to read:
9 (b) Bills introduced by the legislative council shall be delivered with a letter of
10 explanation to the rules committee of either house and bear the inscription "Rules
11 Committee by Request of the Legislative Council"; bills introduced by the Legislative
12 Budget and Audit Committee shall be delivered with a letter of explanation to the
13 rules committee of either house and bear the inscription "Rules Committee by Request
14 of the Legislative Budget and Audit Committee"; bills presented by the governor shall
15 be delivered with a letter to the rules committee of either house and bear the
16 inscription "Rules Committee by Request of the Governor"; bills introduced by the
17 Alaska Sunset Commission shall be delivered with a letter of explanation to the
18 rules committee of either house and bear the inscription "Rules Committee by
19 Request of the Alaska Sunset Commission"; bills so presented and inscribed shall
20 be received as bills carrying the approval of the governor as to policy and budget
21 impact. The governor may submit a statement of purpose and effect with each bill and
22 appear personally or through a representative before any committee considering
23 legislation.
24 * Sec. 3. AS 24.20.206 is amended by adding a new paragraph to read:
25 (8) review and prepare a report on recommendations made by the
26 Alaska Sunset Commission established in AS 44.99.700, submit the report to the
27 senate secretary and chief clerk of the house of representatives, and notify the
28 legislature that the report is available.
29 * Sec. 4. AS 39.25.020(b) is amended to read:
30 (b) Unless a waiver is granted by the commissioner of administration, an
31 appointing authority may not appoint a person to state service if the person has been
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1 convicted under AS 11.56.845. Before granting a waiver under this subsection, the
2 commissioner shall give notice in writing to the Legislative Budget and Audit
3 Committee or the Alaska Sunset Commission established in AS 44.99.700, as
4 applicable, of the intent to grant a waiver.
5 * Sec. 5. AS 39.25.080(b) is amended to read:
6 (b) The following information is available for public inspection, subject to
7 reasonable regulations on the time and manner of inspection:
8 (1) the names and position titles of all state employees;
9 (2) the position held by a state employee;
10 (3) prior positions held by a state employee;
11 (4) whether a state employee is in the classified, partially exempt, or
12 exempt service;
13 (5) the dates of appointment and separation of a state employee;
14 (6) the compensation authorized for a state employee; and
15 (7) whether a state employee has been dismissed or disciplined for a
16 violation of AS 39.25.160(l) (interference or failure to cooperate with the Legislative
17 Budget and Audit Committee or the Alaska Sunset Commission established in
18 AS 44.99.700).
19 * Sec. 6. AS 39.25.160(l) is amended to read:
20 (l) A state employee may not intentionally (1) fail to give, or (2) direct, order,
21 threaten, restrain, coerce, force, or prevent another person from giving, full
22 cooperation to the legislative auditor or the legislative fiscal analyst in assembling or
23 furnishing requested information to the Legislative Budget and Audit Committee or
24 the Alaska Sunset Commission established in AS 44.99.700, or their [ITS] staff if
25 the person did not reasonably believe that the action or failure to act was legally
26 justified. Violation of this subsection constitutes just cause for dismissal or other
27 appropriate disciplinary action.
28 * Sec. 7. AS 39.90.140(3) is amended to read:
29 (3) "matter of public concern" means
30 (A) a violation of a state, federal, or municipal law, regulation,
31 or ordinance;
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1 (B) a danger to public health or safety;
2 (C) gross mismanagement, a substantial waste of funds, or a
3 clear abuse of authority;
4 (D) a matter accepted for investigation by the office of the
5 ombudsman under AS 24.55.100 or 24.55.320; or
6 (E) interference or any failure to cooperate with an audit or
7 other matter within the authority of Legislative Budget and Audit Committee
8 or the Alaska Sunset Commission established in AS 44.99.700;
9 * Sec. 8. AS 40.25.220(2) is amended to read:
10 (2) "public agency" means a political subdivision, department,
11 institution, board, commission, division, authority, public corporation, council,
12 committee, or other instrumentality of the state or a municipality; "public agency"
13 includes the University of Alaska, [AND] the Alaska Railroad Corporation, and the
14 Alaska Sunset Commission established in AS 44.99.700;
15 * Sec. 9. AS 44.99 is amended by adding new sections to read:
16 Article 7. Alaska Sunset Commission.
17 Sec. 44.99.700. Establishment of commission; composition. (a) The Alaska
18 Sunset Commission is established in the executive branch of state government.
19 (b) The commission consists of nine public members appointed by the
20 governor and confirmed by the legislature in joint session. Members shall have the
21 following qualifications:
22 (1) two members shall be certified public accountants;
23 (2) one member shall be a budget analyst;
24 (3) one member shall be a controller or comptroller;
25 (4) one member shall have experience in financial management;
26 (5) two members shall have experience as owner, chief executive
27 officer, or chief operating officer of a business based in the state; and
28 (6) two members shall have experience in finance, investment, or
29 business management.
30 (c) Members appointed under (b) of this section
31 (1) serve staggered terms of five years until reappointed or replaced;
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1 and
2 (2) may be reappointed.
3 (d) If a member appointed under (b) of this section no longer meets the
4 requirements under (b) of this section or if a vacancy exists among those members for
5 any reason other than the expiration of a member's term, the governor shall, within 30
6 days after the occurrence of the vacancy, make an appointment for the unexpired
7 portion of the term, effective immediately. An appointment made by the governor
8 under this subsection to fill an unexpired term must comply with the requirements
9 under (b) of this section.
10 (e) The commission shall select a chair from among its members. Five
11 members of the commission constitute a quorum. The commission may take action
12 upon the affirmative vote of five members of the commission.
13 (f) The commission may employ staff as the commission determines necessary
14 to perform its duties.
15 (g) Members of the commission serve without compensation but are entitled
16 to per diem and travel expenses authorized for boards and commissions under
17 AS 39.20.180. The members of the commission shall comply with AS 39.50.
18 Sec. 44.99.710. Powers and duties of the commission. (a) The commission
19 shall
20 (1) review the activities of each entity listed in AS 44.99.720;
21 (2) consider whether there is a public need for continuation of an entity
22 or for the performance of the functions of an entity listed in AS 44.99.720 and make a
23 recommendation to the legislature to continue, discontinue, restructure, or transfer the
24 duties and programs of the entity;
25 (3) prepare a report under AS 44.99.740 for each entity reviewed by
26 the commission and, not later than the 10th day of the legislative session following the
27 calendar year of review, submit the report to the senate secretary and chief clerk of the
28 house of representatives, and notify the legislature that the report is available;
29 (4) make a reasonable effort, in conjunction with the Department of
30 Labor and Workforce Development, to relocate a state employee who is displaced
31 because of the discontinuation or reorganization of a state entity based on a
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1 recommendation of the commission; and
2 (5) review recommendations made by the Legislative Budget and
3 Audit Committee, prepare a report on those recommendations, and submit the report
4 to the governor.
5 (b) The commission may require all state officials and agencies of the state to
6 give full cooperation to the commission and its staff in assembling and furnishing the
7 information necessary to prepare a report under (a) of this section.
8 (c) In carrying out its functions under this chapter, the commission or its
9 designated staff member may attend any meetings and proceedings of any entity of the
10 state, including any meeting or proceeding of a governing body of a state entity that is
11 closed to the public, and may inspect the records, documents, and files of any entity of
12 the state, including any record, document, or file that is
13 (1) attorney work product;
14 (2) an attorney-client communication; or
15 (3) made privileged or confidential by law.
16 Sec. 44.99.715. State entity's report to the commission. (a) Not later than
17 September 1 of the calendar year before the year in which an entity of the state subject
18 to this chapter is scheduled for review under AS 44.99.720, the state entity shall report
19 to the commission
20 (1) the extent to which the entity has met the criteria in AS 44.99.730;
21 (2) a list of each report that the entity is required by law to prepare and
22 an evaluation of the need for each report based on whether factors or conditions have
23 changed since the date the requirement to prepare the report was enacted; and
24 (3) any other information that the entity considers appropriate or that is
25 requested by the commission.
26 (b) The entity shall submit the report in electronic format, as required by the
27 commission.
28 (c) A state entity that provides the commission with access to a privileged or
29 confidential communication, record, document, or file for purposes of a review under
30 this chapter does not waive the attorney-client privilege, or any other privilege or
31 confidentiality with respect to the communication, record, document, or file provided
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1 to the commission. For purposes of this subsection, a communication includes a
2 discussion that occurs at a meeting or proceeding of the state entity that is closed to
3 the public.
4 Sec. 44.99.720. Review of state entities. (a) The first review of an entity listed
5 below shall occur in the calendar year set out after the name of the entity, and
6 subsequent reviews of each entity shall occur not less than every 12 years. The entities
7 subject to review under AS 44.99.700 - 44.99.749 are as follows:
8 (1) Department of Health and Social Services (2023);
9 (2) Office of the Governor (2024);
10 (3) Department of Administration (2024);
11 (4) Department of Law (2025);
12 (5) Department of Revenue (2026);
13 (6) Department of Education and Early Development (2027);
14 (7) Department of Labor and Workforce Development (2028);
15 (8) Department of Commerce, Community, and Economic
16 Development (2029);
17 (9) Department of Military and Veterans' Affairs (2030);
18 (10) Department of Natural Resources (2030);
19 (11) Department of Fish and Game (2031);
20 (12) Department of Public Safety (2031);
21 (13) Department of Transportation and Public Facilities (2031);
22 (14) Department of Environmental Conservation (2032);
23 (15) Department of Corrections (2032);
24 (16) Alaska State Legislature and agencies in the legislative branch of
25 government (2033);
26 (17) University of Alaska (2034);
27 (18) Alaska Court System and agencies in the judicial branch of
28 government (2035).
29 (b) The review of each entity listed in (a) of this section must include a review
30 of any public corporation, board or commission, or other instrumentality of the state
31 that is established within the entity and a review of any committee, task force, or other
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1 group that is established by law or by the entity for the purpose of advising or
2