Bill Text 24th Legislature

00                       CS FOR HOUSE BILL NO. 4001(FIN)                                                                   
01 "An Act prohibiting the commissioner of administration from adopting, allowing to                                       
02 become law, or implementing regulations that grant or extend employment-related                                         
03 benefits to same-sex partners of state employees and members of the state retirement                                    
04 systems unless expressly authorized by statute; providing for the authority of the                                      
05 commissioner of administration to take certain actions relating to those benefits if a                                  
06 contingency is met; and providing for an effective date."                                                               
07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
08    * Section 1. AS 44.21 is amended by adding a new section to read:                                                  
09            Sec. 44.21.015. Regulations and other actions prohibited. The                                              
10       commissioner of administration may not adopt, allow to become law, or implement                                   
11       regulations that grant or extend employment-related benefits to same-sex partners of                              
12       state employees or members of the state retirement systems unless expressly                                       
13       authorized by statute.                                                                                            
01    * Sec. 2. AS 44.21.015 is repealed and reenacted to read:                                                          
02            Sec. 44.21.015. Regulations and other actions authorized. The                                              
03       commissioner of administration may adopt, allow to become law, and implement                                      
04       regulations that grant or extend employment-related benefits to same-sex partners of                              
05       state employees or members of the state retirement systems. Regulations adopted                                   
06       under this section relate to internal management and are not subject to AS 44.62                                  
07       (Administrative Procedure Act). The commissioner of administration shall follow the                               
08       procedures set out in AS 39.35.005 to adopt regulations under this section.                                       
09    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
10 read:                                                                                                                   
11       CONTINGENCY. Section 2 of this Act is contingent on the occurrence of the earliest                                
12 of the following events:                                                                                                
13            (1)  the date that the director of elections certifies the results of a special                              
14 election of an advisory vote on whether the legislature should adopt a proposed constitutional                          
15 amendment to the state constitution to be considered by the voters at the 2008 general election                         
16 that would prohibit the state or a municipality or other subdivision of the state from providing                        
17 employment benefits to same-sex partners of public employees that is authorized by the                                  
18 Fourth Special Session of the Twenty-Fourth Alaska State Legislature in which the majority                              
19 of qualified voters voting voted "No";                                                                                  
20            (2)  the legislature has not passed, by August 1, 2008, a joint resolution to                                
21 place on the 2008 general election ballot a constitutional amendment that would prohibit the                            
22 state or a municipality or other subdivision of the state from providing employment benefits                            
23 to same-sex partners of public employees;                                                                               
24            (3)  the date that the director of elections certifies the results of the 2008                               
25 general election concerning the constitutional amendment described in (2) of this section in                            
26 which the majority of the qualified voters voting on the question voted "No."                                           
27    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29       RETROACTIVITY. AS 44.21.015, added by sec. 1 of this Act, is retroactive to                                       
30 June 1, 2006.                                                                                                           
31    * Sec. 5. If, under sec. 3 of this Act, sec. 2 of this Act takes effect, it takes effect the day                   
01 following the date that the appropriate contingency described in sec. 3 of this Act is met.                             
02    * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect immediately under                        
03 AS 01.10.070(c).