1 | 1 | | |
---|
2 | 2 | | SB0183A -1- SB 183 |
---|
3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
4 | 4 | | |
---|
5 | 5 | | 34-LS0932\A |
---|
6 | 6 | | |
---|
7 | 7 | | |
---|
8 | 8 | | |
---|
9 | 9 | | |
---|
10 | 10 | | |
---|
11 | 11 | | SENATE BILL NO. 183 |
---|
12 | 12 | | |
---|
13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
---|
14 | 14 | | |
---|
15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
---|
16 | 16 | | |
---|
17 | 17 | | BY THE SENATE RULES COMMITTEE |
---|
18 | 18 | | |
---|
19 | 19 | | Introduced: 4/23/25 |
---|
20 | 20 | | Referred: Rules |
---|
21 | 21 | | |
---|
22 | 22 | | |
---|
23 | 23 | | A BILL |
---|
24 | 24 | | |
---|
25 | 25 | | FOR AN ACT ENTITLED |
---|
26 | 26 | | |
---|
27 | 27 | | "An Act relating to hindering the Legislative Budget and Audit Committee; relating to 1 |
---|
28 | 28 | | the powers of the Legislative Budget and Audit Committee and the legislative audit 2 |
---|
29 | 29 | | division; and providing for an effective date." 3 |
---|
30 | 30 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
---|
31 | 31 | | * Section 1. AS 11.56.845(a) is amended to read: 5 |
---|
32 | 32 | | (a) A person commits the offense of hindering the Legislative Budget and |
---|
33 | 33 | | 6 |
---|
34 | 34 | | Audit Committee if the person intentionally (1) fails to give, or (2) directs, orders, 7 |
---|
35 | 35 | | threatens, restrains, coerces, forces, or prevents another person from giving, full 8 |
---|
36 | 36 | | cooperation to the legislative auditor or the legislative fiscal analyst in assembling, 9 |
---|
37 | 37 | | generating, or furnishing requested information in the form or format requested to 10 |
---|
38 | 38 | | the committee or its staff, and the person did not reasonably believe that the action or 11 |
---|
39 | 39 | | failure to act was legally justified. 12 |
---|
40 | 40 | | * Sec. 2. AS 24.20.201(a) is amended to read: 13 |
---|
41 | 41 | | (a) The Legislative Budget and Audit Committee has the power to 14 34-LS0932\A |
---|
42 | 42 | | SB 183 -2- SB0183A |
---|
43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
44 | 44 | | |
---|
45 | 45 | | (1) organize, adopt rules for the conduct of its business, and prescribe 1 |
---|
46 | 46 | | procedures for the comprehensive fiscal analysis, budget review, and post-audit 2 |
---|
47 | 47 | | functions; 3 |
---|
48 | 48 | | (2) hold public hearings, administer oaths, issue subpoenas, compel the 4 |
---|
49 | 49 | | attendance of witnesses and production of papers, books, accounts, documents, and 5 |
---|
50 | 50 | | testimony, and have the deposition of witnesses taken in a manner prescribed by court 6 |
---|
51 | 51 | | rule or law for taking depositions in civil actions; 7 |
---|
52 | 52 | | (3) require all state officials and agencies of state government to give 8 |
---|
53 | 53 | | full cooperation to the committee or its staff in assembling, generating, and furnishing 9 |
---|
54 | 54 | | requested information, including assembling, generating, or furnishing 10 |
---|
55 | 55 | | information in the form or format requested by the committee or the committee's 11 |
---|
56 | 56 | | staff; 12 |
---|
57 | 57 | | (4) review revenue projections, state agency appropriation requests, the 13 |
---|
58 | 58 | | expenditure of state funds, including the relationship between state agency program 14 |
---|
59 | 59 | | accomplishments and legislative intent, and the fiscal policies and procedures of state 15 |
---|
60 | 60 | | government; 16 |
---|
61 | 61 | | (5) review and approve proposed changes to agency authorized 17 |
---|
62 | 62 | | budgets as provided in AS 37.07 (Executive Budget Act); 18 |
---|
63 | 63 | | (6) make recommendations concerning appropriations, their 19 |
---|
64 | 64 | | expenditure, and the fiscal policies and procedures of state government to the governor 20 |
---|
65 | 65 | | when appropriate, and to the legislature; 21 |
---|
66 | 66 | | (7) prepare and distribute reports, memoranda, or other necessary 22 |
---|
67 | 67 | | materials; 23 |
---|
68 | 68 | | (8) sue in the name of the legislature during the interim between 24 |
---|
69 | 69 | | sessions if authorized by majority vote of the full membership of the committee; 25 |
---|
70 | 70 | | (9) [REPEALED 26 |
---|
71 | 71 | | (10)] make recommendations to the legislature and to agencies of the 27 |
---|
72 | 72 | | state that perform lending or investment functions concerning the structure and 28 |
---|
73 | 73 | | operating practices of the agencies; 29 |
---|
74 | 74 | | (10) [(11)] enter into and enforce all contracts necessary or desirable 30 |
---|
75 | 75 | | for the functions of the committee; 31 34-LS0932\A |
---|
76 | 76 | | SB0183A -3- SB 183 |
---|
77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
78 | 78 | | |
---|
79 | 79 | | (11) [(12)] provide for annual post audits of the Alaska Housing 1 |
---|
80 | 80 | | Finance Corporation, the Alaska Aerospace Corporation, and the Alaska Industrial 2 |
---|
81 | 81 | | Development and Export Authority. 3 |
---|
82 | 82 | | * Sec. 3. AS 24.20.271 is amended to read: 4 |
---|
83 | 83 | | Sec. 24.20.271. Powers and duties. The legislative audit division shall 5 |
---|
84 | 84 | | (1) conduct a performance post-audit of boards and commissions 6 |
---|
85 | 85 | | designated in AS 44.66.010 and make the audit, together with a written report, 7 |
---|
86 | 86 | | available to the legislature not later than the first day of the regular session of the 8 |
---|
87 | 87 | | legislature convening in each year set out with reference to boards and commissions 9 |
---|
88 | 88 | | whose activities are subject to termination as prescribed in AS 44.66; the division shall 10 |
---|
89 | 89 | | notify the legislature that the audit and report are available; 11 |
---|
90 | 90 | | (2) [REPEALED 12 |
---|
91 | 91 | | (3)] audit at least once every three years the books and accounts of all 13 |
---|
92 | 92 | | custodians of public funds and all disbursing officers of the state; 14 |
---|
93 | 93 | | (3) [(4)] at the direction of the Legislative Budget and Audit 15 |
---|
94 | 94 | | Committee, conduct performance post-audits on any agency of state government; 16 |
---|
95 | 95 | | (4) [(5)] cooperate with state agencies by offering advice and 17 |
---|
96 | 96 | | assistance as requested in establishing or improving the accounting systems used by 18 |
---|
97 | 97 | | state agencies; 19 |
---|
98 | 98 | | (5) [(6)] require the assistance and cooperation of all state officials and 20 |
---|
99 | 99 | | other state employees in the inspection, examination, and audit of state agency books 21 |
---|
100 | 100 | | and accounts; the legislative audit division may require a state official or other 22 |
---|
101 | 101 | | state employee to assemble, generate, or furnish information in the form or 23 |
---|
102 | 102 | | format requested by the division; 24 |
---|
103 | 103 | | (6) [(7)] have access at all times to the books, accounts, reports, or 25 |
---|
104 | 104 | | other records, whether confidential or not, of every state agency; 26 |
---|
105 | 105 | | (7) [(8)] ascertain, as necessary for audit verification, the amount of 27 |
---|
106 | 106 | | agency funds on deposit in any bank as shown on the books of the bank; no bank may 28 |
---|
107 | 107 | | be held liable for making information required under this paragraph available to the 29 |
---|
108 | 108 | | legislative audit division; 30 |
---|
109 | 109 | | (8) [(9)] complete studies and prepare reports, memoranda, or other 31 34-LS0932\A |
---|
110 | 110 | | SB 183 -4- SB0183A |
---|
111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
---|
112 | 112 | | |
---|
113 | 113 | | materials as directed by the Legislative Budget and Audit Committee; 1 |
---|
114 | 114 | | (9) [(10)] have direct access to any information related to the 2 |
---|
115 | 115 | | management of the University of Alaska and have the same right of access as exists 3 |
---|
116 | 116 | | with respect to every other state agency. [; 4 |
---|
117 | 117 | | (11) REPEALED 5 |
---|
118 | 118 | | (12) REPEALED] 6 |
---|
119 | 119 | | * Sec. 4. AS 39.25.160(l) is amended to read: 7 |
---|
120 | 120 | | (l) A state employee may not intentionally (1) fail to give, or (2) direct, order, 8 |
---|
121 | 121 | | threaten, restrain, coerce, force, or prevent another person from giving, full 9 |
---|
122 | 122 | | cooperation to the legislative auditor or the legislative fiscal analyst in assembling, 10 |
---|
123 | 123 | | generating, or furnishing requested information in the form or format requested to 11 |
---|
124 | 124 | | the Legislative Budget and Audit Committee or its staff if the person did not 12 |
---|
125 | 125 | | reasonably believe that the action or failure to act was legally justified. Violation of 13 |
---|
126 | 126 | | this subsection constitutes just cause for dismissal or other appropriate disciplinary 14 |
---|
127 | 127 | | action. 15 |
---|
128 | 128 | | * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 16 |
---|
129 | 129 | | read: 17 |
---|
130 | 130 | | APPLICABILITY. AS 11.56.845(a), as amended by sec. 1 of this Act, applies to 18 |
---|
131 | 131 | | offenses committed on or after the effective date of this Act. 19 |
---|
132 | 132 | | * Sec. 6. This Act takes effect immediately under AS 01.10.070(c). 20 |
---|