32-LS1090\B
HOUSE BILL NO. 376
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-SECOND LEGISLATURE - SECOND SESSION
BY REPRESENTATIVES KAUFMAN, Thompson
Introduced: 2/22/22
Referred: House Special Committee on Ways and Means, State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the Executive Budget Act; relating to strategic plans, mission
2 statements, performance plans, and financial plans for executive branch agencies; and
3 providing for an effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 16.05.110(b) is amended to read:
6 (b) Except for money received as fisheries fines or forfeitures in settlement of
7 a claim or loss caused by damage to the fish resources of the state that is appropriated
8 to or through the division of commercial fisheries management and development,
9 appropriations of money from the fish and game fund and of money received by the
10 state under the federal aid acts described under AS 16.05.140 shall be made to the
11 division of wildlife conservation or the division of sport fish. The division of wildlife
12 conservation or the division of sport fish may use money appropriated under this
13 subsection to acquire administrative and other services from other agencies if the
14 division acquires the services through reimbursable services agreements. The division
HB0376a -1- HB 376
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 of wildlife conservation and the division of sport fish shall include as part of their
2 budgets prepared under AS 37.07.085 [AS 37.07.050]
3 (1) a listing of the reimbursable services agreements that are to be
4 funded with money appropriated under this subsection;
5 (2) a description of the services to be provided under those
6 agreements; and
7 (3) a listing of the entities that are parties to those agreements.
8 * Sec. 2. AS 37.07.010 is amended to read:
9 Sec. 37.07.010. Statement of policy. It is the purpose of this chapter to
10 establish a comprehensive system for state program and financial management that
11 furthers the capacity of the governor and legislature to plan and finance the services
12 that they determine the state will provide for its citizens. The system must include
13 procedures for
14 (1) the orderly establishment, continuing review, and periodic revision
15 of the strategic plans, program goals, and policies of state agencies and financial
16 goals and policies of the state;
17 (2) the development, coordination, and review of long-range program
18 and financial plans that will implement established state strategies, goals, and
19 policies;
20 (3) the preparation, coordination, analysis, and enactment of a budget
21 that is organized to focus on the services provided by state agencies and on the cost of
22 those services and that provides for implementation of policies and plans [,] in the
23 succeeding budget periods [PERIOD];
24 (4) the evaluation of alternatives to existing strategies, policies, plans,
25 and procedures that offer potential for more efficient state services;
26 (5) the regular appraisal and reporting of program performance;
27 (6) public participation in the development of the annual budget,
28 including opportunity for the public to review and comment on [UPON] the plans and
29 programs of the Office of the Governor and all state agencies in the executive branch,
30 the legislature, the judicial system, the University of Alaska, and the public
31 corporations of the state.
HB 376 -2- HB0376a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 * Sec. 3. AS 37.07.014(a) is amended to read:
2 (a) To carry out its legislative power under art. II, sec. 1, Constitution of the
3 State of Alaska, and to promote results-based government, the legislature shall review
4 and analyze [ISSUE A] mission statements and performance plans issued by the
5 governor [STATEMENT] for each agency [AND THE DESIRED RESULTS THE
6 AGENCY SHOULD ACHIEVE. THE LEGISLATURE MAY ISSUE A SEPARATE
7 MISSION STATEMENT FOR A SUBUNIT OF AN AGENCY]. A mission statement
8 and performance plan [AND DESIRED RESULTS] should promote the efficient,
9 measured use of the state's resources. A mission statement and performance plan
10 [AND DESIRED RESULTS] constitute policy under which an agency shall operate,
11 and, where appropriate, the mission statement may be implemented by statute.
12 * Sec. 4. AS 37.07.014(b) is amended to read:
13 (b) The legislature shall provide for a budget review function that promotes
14 results-based government. The [LEGISLATURE SHALL ADOPT A METHOD OF
15 MEASURING RESULTS FOR EACH AGENCY, AND MEASUREMENTS SHALL
16 BE REPORTED SEMI-ANNUALLY BY EACH AGENCY TO THE
17 LEGISLATURE. THE REPORTS SHALL BE USED BY THE] legislature shall use
18 the information reported by an agency under (f) of this section to evaluate whether
19 the strategic plan and mission [AND DESIRED RESULTS] for that agency [OR
20 SUBUNIT OF THE AGENCY] are being achieved.
21 * Sec. 5. AS 37.07.014(c) is amended to read:
22 (c) The legislature shall analyze the strategic plans issued by the governor
23 and the comprehensive [OPERATING AND] capital improvements programs and
24 financial plans recommended by the governor.
25 * Sec. 6. AS 37.07.014(d) is amended to read:
26 (d) To foster results-based government, to implement the strategic plans,
27 and to carry out the mission statements, [AND TO OBTAIN DESIRED RESULTS,]
28 the legislature shall authorize the comprehensive [OPERATING AND] capital
29 improvements programs and financial plans necessary to implement agency
30 performance plans. The legislature shall allocate the state's resources for effective
31 and efficient delivery of public services by
HB0376a -3- HB 376
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 (1) reviewing and analyzing the strategic plans and mission
2 statements [CLEARLY IDENTIFYING DESIRED RESULTS];
3 (2) assessing how performance plans and financial plans
4 contribute to progress toward the strategic plans and mission statements
5 [SETTING PRIORITIES];
6 (3) assigning accountability; [AND]
7 (4) reviewing and integrating financial plans into performance
8 plans; and
9 (5) maintaining the strategic, financial, and performance plans
10 and mission statements on a publicly available Internet website [USING
11 METHODS FOR MEASURING, REPORTING, AND EVALUATING RESULTS].
12 * Sec. 7. AS 37.07.014(f) is amended to read:
13 (f) To help fulfill the legislature's responsibilities under this section and
14 achieve results-based government, each agency shall
15 (1) allocate resources to implement the strategic plans and achieve
16 the mission issued by the governor [AND DESIRED RESULTS ESTABLISHED
17 BY THE LEGISLATURE];
18 (2) express its program [DESIRED] results [ESTABLISHED BY
19 THE LEGISLATURE AND OTHER PROGRAM RESULTS] in measurable terms;
20 (3) measure progress toward the strategic plans and [TOWARDS]
21 mission statements issued by the governor [AND DESIRED RESULTS
22 ESTABLISHED BY THE LEGISLATURE] and other results;
23 (4) promote activities consistent with the strategic plans and mission
24 statements issued by the governor [AND DESIRED RESULTS ESTABLISHED BY
25 THE LEGISLATURE] that reduce or avoid future costs;
26 (5) plan for the short-term and the long-term using consistent
27 assumptions for major demographic and other trends; [AND]
28 (6) require accountability at all levels for meeting the strategic plans
29 and program mission statements issued by the governor; and
30 (7) report quarterly to the office its progress toward the
31 performance plan required under AS 37.07.085 [AND DESIRED RESULTS
HB 376 -4- HB0376a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 ESTABLISHED BY THE LEGISLATURE].
2 * Sec. 8. AS 37.07.014 is amended by adding a new subsection to read:
3 (g) In this section, "agency" has the meaning given in AS 37.07.120, but does
4 not include an officer, board, or commission.
5 * Sec. 9. AS 37.07.016 is amended to read:
6 Sec. 37.07.016. Governor's use of strategic plans, mission statements, and
7 performance plans. To carry out the executive power under art. III, secs. [SEC.] 1
8 and [SEC.] 16, Constitution of the State of Alaska, the governor shall review the
9 strategic plans, mission statements, and performance plans compiled and
10 submitted by the office under AS 37.07.040(12) and (13). The governor may
11 approve, or require the office to revise, the strategic plans, mission statements,
12 and performance plans, in whole or in part. Once the governor approves the
13 strategic plans and mission statements, the governor shall use the strategic plans
14 and mission statements [AND DESIRED RESULTS ISSUED BY THE
15 LEGISLATURE AS A GUIDE] to implement and execute the law. Once the
16 governor approves the performance plans, the [THE] governor shall use the
17 performance plans to ensure [ASSURE] that each agency complies with [THE
18 MISSION STATEMENT] and achieves the desired results of the strategic plans and
19 mission statements approved by the governor [IDENTIFIED BY THE
20 LEGISLATURE].
21 * Sec. 10. AS 37.07.020(a) is amended to read:
22 (a) The governor shall prepare a budget for the succeeding fiscal year that
23 must cover all estimated receipts, including all grants, loans, and money received from
24 the federal government and all proposed expenditures of the state government. The
25 budget shall be organized so that the proposed expenditures for each agency are
26 presented separately. The budget must be accompanied by the information required
27 under AS 37.07.050, 37.07.055, and 37.07.085 and by the following separate bills:
28 (1) an appropriation bill authorizing the operating and capital expenditures of the
29 state's integrated comprehensive mental health program under AS 37.14.003(a); (2) an
30 appropriation bill authorizing state operating expenditures other than those included in
31 the state's integrated comprehensive mental health program; (3) an appropriation bill
HB0376a -5- HB 376
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 authorizing capital expenditures other than those included in the state's integrated
2 comprehensive mental health program; and (4) a bill or bills covering
3 recommendations, if any, in the budget for new or additional revenue. The budget for
4 the succeeding fiscal year and each of the bills shall become public information on
5 December 15 at which time the governor shall submit copies to the legislature and
6 make copies available to the public. The bills, identical in content to the copies
7 released on December 15, shall be delivered to the rules committee of each house
8 before the fourth legislative day of the next regular session for introduction.
9 * Sec. 11. AS 37.07.040 is amended to read:
10 Sec. 37.07.040. Office of management and budget. The Alaska office of
11 management and budget shall
12 (1) assist the governor in meeting the requirements of AS 37.07.020,
13 including the coordination and analysis of state agency goals and objectives, strategic,
14 performance, and other plans, and budget requests;
15 (2) prepare for submission to the governor an annually updated six-
16 year capital improvements program and the proposed capital improvements budget for
17 the coming fiscal year, the latter to include individual project justification with
18 documentation of estimated project cost;
19 (3) develop procedures to produce the information needed for effective
20 policy decision making, including procedures to provide for the dissemination of
21 information about plans, programs, and budget requests to be included in the annual
22 budget and opportunity for public review and comment during the period of budget
23 preparation;
24 (4) assist state agencies in developing and updating strategic plans,
25 mission statements, performance plans, financial plans [THEIR STATEMENT OF
26 GOALS AND OBJECTIVES TO ACHIEVE, AMONG OTHER THINGS, THE
27 LEGISLATURE'S MISSION AND DESIRED RESULTS, PREPARATION OF
28 PLANS, ASSESSMENTS OF THE EXTENT TO WHICH MISSIONS AND
29 DESIRED RESULTS HAVE BEEN ACHIEVED], budget requests, and reporting of
30 program performance; all documents forwarded by the office to a state agency
31 containing instructions for the preparation of program plans and budget requests and
HB 376 -6- HB0376a
New Text Underlined [DELETED TEXT BRACKETED]
32-LS1090\B
1 the reporting of program performance are public information after the date they are
2 forwarded;
3 (5) administer its responsibilities under the program execution
4 provisions of this chapter so that the policy decisions and budget determinations of the
5 governor and the legislature are implemented;
6 (6) provide the legislative finance division with the budget information
7 it may request;
8 (7) provide the legislative finance division with an advance copy of the
9 governor's budget workbooks at least seven days before the legislature convenes in a
10 regular session;
11 (8) prepare the proposed capital improvements budget for the coming
12 fiscal year evaluating both state and local requests from the standpoint of need, equity,
13 and priorities of the jurisdiction; other factors, including [SUCH AS] project amounts,
14 population, local financial match, federal funds being used for local match,
15 municipality or unincorporated community acceptance of the facility, and all
16 associated costs of the facility, may be considered;
17 (9) for each department in the executive branch, report to the
18 legislature by the 45th day of each regular session the amount of money appropriated
19 to the department that is expected to lapse into the general fund at the end of the
20 current fiscal year;
21 (10) [ESTABLISH AND ADMINISTER A STATE AGENCY
22 PROGRAM PERFORMANCE MANAGEMENT SYSTEM INVOLVING
23 PLANNING, PERFORMANCE BUDGETING, PERFORMANCE
24 MEASUREMENT, AND PROGRAM EVALUATION; THE OFFICE SHALL
25 ENSURE THAT INFORMATION GENERATED UNDER THIS SYSTEM IS
26 USEFUL FOR MANAGING AND IMPROVING THE EFFICIENCY AND
27 EFFECTIVENESS OF AGENCY OPERATIONS;
28 (11)] by January 15, list each lease-purchase agreement entered into by
29 an agency during the immediately preceding fiscal year for the acquisition of
30 equipment or other personal property, together with a description of the property
31 acquired and financial details, including the purchase price, the term for payments, the
HB0376a -7-