AS Title 44, Chapter 66: Review of the Activities of Agencies, Boards, and Commissions

Chapter 66. Review of the Activities of Agencies, Boards, and Commissions. Sec. 44.66.010. Expiration of state boards and commissions. (a) Boards and commissions listed in this subsection expire on the date set out after each: (1) Alcoholic Beverage Control Board ( AS 04.06.010 ) — June 30, 2027; (2) Board of Parole ( AS 33.16.020 ) — June 30, 2025; (3) Regulatory Commission of Alaska ( AS 42.04.010 ) — June 30, 2030; (4) Alaska Commission on Aging ( AS 44.29.750 ) — June 30, 2032; (5) Council on Domestic Violence and Sexual Assault ( AS 18.66.010 ) — June 30, 2028; (6) special education service agency ( AS 14.30.600 ) — June 30, 2029; (7) Statewide Suicide Prevention Council ( AS 44.29.300 ) — June 30, 2027; (8) Alaska Seismic Hazards Safety Commission ( AS 44.37.065 ) — June 30, 2028; (9) Alaska Health Care Commission ( AS 18.09.010 ) — June 30, 2017; (10) [Repealed, § 6 ch 40 SLA 2024.] (11) Alaska Tourism Marketing Board ( AS 44.33.136 ) — June 30, 2018; (12) [Repealed, § 17 ch 23, SLA 2022.] (13) Marijuana Control Board ( AS 17.38.080 ) — June 30, 2027; (14) Alaska Criminal Justice Data Analysis Commission ( AS 44.19.641 ) — June 30, 2029. (15) Citizens' Advisory Commission on Federal Management Areas in Alaska ( AS 41.37.160 ) — June 30, 2031. (16) Alaska Military Affairs Commission ( AS 44.19.851 ) — June 30, 2030. (b) Upon termination, a commission listed in (a) of this section shall continue in existence until June 30 of the next succeeding year for the purpose of concluding its affairs. (c) A commission scheduled for termination under this chapter may be continued or reestablished by the legislature for a period not to exceed eight years. (d) Notwithstanding (b) of this section, the powers and duties of the Regulatory Commission of Alaska in the year following expiration are not reduced or otherwise limited, and the commission shall continue in existence after expiration for one year. The commission shall continue to exercise all its powers and perform its duties and responsibilities under AS 42 during the year following its expiration. Sec. 44.66.030. Program identification. [Repealed, § 10 ch 19 SLA 2013.] Sec. 44.66.050. Legislative oversight. (a) Before the termination, dissolution, continuation, or reestablishment of a board or commission under AS 08.03.010 or AS 44.66.010 , a committee of reference of each house, which shall be the standing committee of legislative jurisdiction as provided in the Uniform Rules of the Legislature, shall hold one or more hearings to receive testimony from the public, the commissioner of the department having administrative responsibility for each named board or commission, and the members of the board or commission involved. The hearings may be joint hearings. The committee shall also consider the proposed budget of the board or commission prepared in accordance with AS 37.07.050 (f) and the performance audit of the activities of the board or commission prepared by the legislative audit division as prescribed in AS 24.20.271 (1). The committee may consider any other report of the activities of the board or commission, including annual reports, summaries prepared by the Legislative Affairs Agency, and any evaluation or general report of the manner of conduct of activities of the board or commission prepared by the office of the ombudsman. (b) During a public hearing, the board or commission shall have the burden of demonstrating a public need for its continued existence or the continuation of the program and the extent to which any change in the manner of exercise of its functions or activities may increase efficiency of administration or operation consistent with the public interest. (c) A determination as to whether a board or commission has demonstrated a public need for its continued existence must take into consideration the following factors: (1) the extent to which the board or commission has operated in the public interest; (2) the extent to which the operation of the board or commission has been impeded or enhanced by existing statutes, procedures, and practices that it has adopted, and any other matter, including budgetary, resource, and personnel matters; (3) the extent to which the board or commission has recommended statutory changes that are generally of benefit to the public interest; (4) the extent to which the board or commission has encouraged interested persons to report to it concerning the effect of its regulations and decisions on the effectiveness of service, economy of service, and availability of service that it has provided; (5) the extent to which the board or commission has encouraged public participation in the making of its regulations and decisions; (6) the efficiency with which public inquiries or complaints regarding the activities of the board or commission filed with it, with the department to which a board or commission is administratively assigned, or with the office of victims' rights or the office of the ombudsman have been processed and resolved; (7) the extent to which a board or commission that regulates entry into an occupation or profession has presented qualified applicants to serve the public; (8) the extent to which state personnel practices, including affirmative action requirements, have been complied with by the board or commission in its own activities and in the area of activity or interest; (9) the extent to which statutory, regulatory, budgetary, or other changes are necessary to enable the board or commission to better serve the interests of the public and to comply with the factors enumerated in this subsection; (10) the extent to which the board or commission has effectively attained its objectives and purposes and the efficiency with which the board or commission has operated; and (11) the extent to which the board or commission duplicates the activities of another governmental agency or the private sector. (d) As to each board or commission assigned to it for purposes of review, the committee of reference shall, not later than the 60th day of the legislative session, submit a report to the presiding officer of the house. The report must contain a summary of the findings of the committee as to the compliance of the board or commission with the factors enumerated in (c) of this section, together with a summary or recommendations of the committee as to each of the following: (1) an identification of the problems or the needs that the programs and activities of the board or commission are intended to address; (2) a statement, to the extent practicable, of the objectives of the program of the board or commission and its anticipated accomplishments; (3) an identification of any other programs having similar, conflicting, or duplicate objectives; (4) an assessment of alternative methods of achieving the purposes of the program; (5) an assessment of the consequences of eliminating the board or commission and consolidating its activities with another program or of funding it at a lower level; (6) a justification for the recommended continuation or extension of the board or commission and an explanation of the manner in which it avoids duplication of or conflict with other efforts; and (7) any other information that, in the opinion of the committee, would improve the performance of the board or commission with respect to its representation of and responsiveness to the public interest. (e) The committee of reference may introduce a bill providing for the reorganization or continuation of the board or commission. Not more than one board or commission may be continued or reestablished in any legislative bill, and the board or commission must be mentioned in the title of the bill. Sec. 44.66.060. Existing claims. This chapter does not cause the termination or dismissal of a claim or right of a citizen against a board, commission, or program of an agency terminated by legislative action or under this chapter that is subject to litigation. Claims and rights shall be assumed by the department to which the board or commission terminated under this chapter was attached for administrative purposes. Sec. 44.66.070. Definitions. In this chapter, (1) “agency” means a state department or agency, whether in the legislative, judicial, or executive branch, and includes the University of Alaska; (2) [Repealed, § 11 ch 19 SLA 2013.]