00 CS FOR HOUSE BILL NO. 295(STA) am 01 "An Act relating to the publishing, furnishing, and contents of certain notices regarding 02 regulations or rules of certain state agencies and entities; relating to distribution of the 03 Alaska Administrative Code, Alaska Administrative Register, and supplements to the 04 code or register; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 06.26.900(2) is amended to read: 07 (2) in addition to other authority in this chapter to adopt regulations, 08 adopt regulations necessary to interpret and implement this chapter, including 09 regulations providing for the retention and preservation of records; the requirement  10 of AS 44.62.190(a)(7) for newspaper or other publication of a notice of proposed  11 action does not apply to a notice for regulations proposed to be adopted under  12 this chapter; 13  * Sec. 2. AS 09.25.510 is amended by adding a new subsection to read: 14 (d) The requirement of AS 44.62.190(a)(7) for newspaper publication of a 01 notice of proposed action does not apply to a notice for regulations proposed to be 02 adopted by the lieutenant governor or a state agency under this section. 03  * Sec. 3. AS 14.25.022(c) is amended to read: 04 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 05 under this chapter, the Alaska Teachers' Retirement Board shall provide notice of the 06 action that is being considered. The notice shall be 07 (1) posted in public buildings throughout the state; 08 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 09 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 10 (3) furnished [MAILED] to each person or group that has filed a 11 request for notice of proposed action with the Alaska Teachers' Retirement Board; and 12 (4) furnished to each member of the legislature and to the Legislative 13 Affairs Agency. 14 * Sec. 4. AS 14.25.022(d) is amended to read: 15 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a  16 notice under (c) of this section requests that the Alaska Teachers' Retirement  17 Board mail the notice, the Alaska Teachers' Retirement Board shall furnish the  18 notice to the person by mail. Failure to furnish [MAIL] notice to a person as 19 required under this subsection or (c)(3) of this section does not invalidate an action 20 taken by the Alaska Teachers' Retirement Board. 21 * Sec. 5. AS 14.40.871(d) is amended to read: 22 (d) Except as provided in (e) of this section, at least 15 days before the 23 adoption of a regulation, the corporation shall give public notice of the proposed 24 action by publishing the notice in a newspaper [AT LEAST THREE 25 NEWSPAPERS] of general circulation in the state and by furnishing [MAILING] a 26 copy of the notice to every person who has filed a request for notice of proposed 27 regulations with the corporation. If a person who is to receive a notice under this  28 subsection requests that the corporation mail the notice, the corporation shall  29 furnish the notice to the person by mail. The public notice must include a statement 30 of the time, place, and nature of the proceedings for the adoption of the regulation and 31 must include an informative summary of the subject of the proposed action. On the 01 date and at the time and place designated in the notice, the corporation shall give each 02 interested person or an authorized representative of the person, or both, the 03 opportunity to present statements, arguments, or contentions orally or in writing and 04 shall give members of the public an opportunity to present oral statements, arguments, 05 or contentions for a total period of at least one hour. The corporation shall consider all 06 relevant matter presented to it before taking the proposed action on the regulation. At 07 a hearing under this subsection, the corporation may continue or postpone the hearing 08 to a time and place determined by the corporation and announced at the hearing before 09 taking the action to continue or postpone the hearing. A regulation adopted by the 10 corporation may vary from the informative summary specified in this subsection if the 11 subject matter of the action taken on the regulation remains the same and if the 12 original notice of the proposed action was written so as to assure that members of the 13 public are reasonably notified of the subject matter of the proposed action in order for 14 them to determine whether their interests could be affected by the corporation's 15 proposed action on that subject. 16  * Sec. 6. AS 18.56.088(d) is amended to read: 17 (d) Except as provided in (e) of this section, at least 15 days before the 18 adoption, amendment, or repeal of a regulation on a subject specified in (c)(1) - (4) of 19 this section, the board shall give public notice of the proposed action by publishing the 20 notice in a newspaper [AT LEAST THREE NEWSPAPERS] of general circulation in 21 the state and by furnishing [MAILING] a copy of the notice to every person who has 22 filed a request for notice of proposed regulations with the board or the corporation. If  23 a person who is to receive a notice under this subsection requests that the board  24 mail the notice, the board shall furnish the notice to the person by mail. The 25 public notice must include a statement of the time, place, and nature of the 26 proceedings for the adoption, amendment, or repeal of the regulation and must include 27 an informative summary of the proposed subject of the regulation. On the date and at 28 the time and place designated in the notice, the board shall give each interested person 29 or an authorized representative, or both, the opportunity to present statements, 30 arguments, or contentions in writing, and shall give members of the public an 31 opportunity to present oral statements, arguments, or contentions for a total period of 01 at least one hour. The board shall consider all relevant matter presented to it before 02 adopting, amending, or repealing a regulation. At a hearing under this subsection, the 03 board may continue or postpone the hearing to a time and place that it determines. A 04 regulation that is adopted, or its amendment or repeal, may vary in content from the 05 informative summary specified in this subsection if the subject matter of the 06 regulation, or its amendment or repeal, remains the same and the original notice was 07 written so as to assure that members of the public are reasonably notified of the 08 proposed subject of the board's action in order for them to determine whether their 09 interests could be affected by the board's action on that subject. 10  * Sec. 7. AS 21.06.090(a) is amended to read: 11 (a) The director may adopt reasonable regulations to effectuate this title. The  12 requirement of AS 44.62.190(a)(7) for newspaper or other publication of a notice  13 of proposed action does not apply to a notice for regulations proposed to be  14 adopted under this title. A regulation may not extend, modify, or conflict with any 15 law of this state or the reasonable implications thereof. Except for regulations adopted 16 under AS 21.06.250, a regulation affecting a person or matter other than the personnel 17 or the internal affairs of the director's office shall be adopted or amended only after a 18 hearing, of which notice was given as required by AS 21.06.200. If reasonably 19 possible, the director shall set out the proposed regulation or amendment in or with the 20 notice of hearing. A regulation or amendment as to which a hearing is required is not 21 effective until it has been on file as a public record in the director's office for at least 22 10 days. 23  * Sec. 8. AS 22.25.027(c) is amended to read: 24 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 25 under this chapter, the commissioner of administration shall provide notice of the 26 action that is being considered. The notice shall be 27 (1) posted in public buildings throughout the state; 28 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 29 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 30 (3) furnished [MAILED] to each person or group that has filed a 31 request for notice of proposed action with the commissioner of administration; and 01 (4) furnished to each member of the legislature and to the Legislative 02 Affairs Agency. 03 * Sec. 9. AS 22.25.027(d) is amended to read: 04 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a  05 notice under (c)(3) of this section requests that the commissioner of  06 administration mail the notice, the commissioner of administration shall furnish  07 the notice to the person by mail. Failure to furnish [MAIL] notice to a person as 08 required under this subsection or (c)(3) of this section does not invalidate an action 09 taken by the commissioner of administration. 10  * Sec. 10. AS 31.05.030(c) is amended to read: 11 (c) The commission shall adopt regulations and orders and take other 12 appropriate action to carry out the purposes of this chapter. The requirement of  13 AS 44.62.190(a)(7) for newspaper or other publication of a notice of proposed  14 action does not apply to a notice for regulations proposed to be adopted under  15 this chapter, including regulations under AS 31.05.040. 16  * Sec. 11. AS 39.25.140(c) is amended to read: 17 (c) At least 30 days before the adoption, amendment, or repeal of a personnel 18 rule, the secretary to the personnel board shall provide notice that the personnel board 19 has the proposed action under consideration. The notice shall be 20 (1) posted in public buildings throughout the state; 21 (2) posted on the Alaska Online Public Notice System  22 (AS 44.62.175) [PUBLISHED IN ONE OR MORE NEWSPAPERS OF GENERAL 23 CIRCULATION THROUGHOUT THE STATE]; 24 (3) furnished [MAILED] to each person or group that filed a request 25 for notice of proposed action with the secretary to the personnel board; 26 (4) furnished to each member of the legislature and to the Legislative 27 Affairs Agency. 28 * Sec. 12. AS 39.25.140(f) is amended to read: 29 (f) Failure to furnish [MAIL] notice to a person as required in this section 30 does not invalidate an action taken by the personnel board. 31  * Sec. 13. AS 39.35.042(c) is amended to read: 01 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 02 under this chapter, the board shall provide notice of the action that is being considered. 03 The notice shall be 04 (1) posted in public buildings throughout the state; 05 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 06 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 07 (3) furnished [MAILED] to each person or group that has filed a 08 request for notice of proposed action with the board; and 09 (4) furnished to each member of the legislature and to the Legislative 10 Affairs Agency. 11 * Sec. 14. AS 39.35.042(d) is amended to read: 12 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a  13 notice under (c)(3) of this section requests that the board mail the notice, the  14 board shall furnish the notice to the person by mail. Failure to furnish [MAIL] 15 notice to a person as required under this subsection or (c)(3) of this section does not 16 invalidate an action taken by the board. 17  * Sec. 15. AS 42.06.140(a) is amended to read: 18 (a) The commission 19 (1) shall regulate pipelines and pipeline carriers in the state; 20 (2) may investigate upon complaint or its own motion, the rates, 21 classifications, rules, regulations, prices, services, practices, and facilities of pipeline 22 carriers, and the performance of obligations under and compliance with the terms of 23 leases issued by the state; 24 (3) may make, prescribe, or require just, fair, and reasonable rates, 25 classifications, regulations, practices, services, and facilities for pipeline carriers; 26 (4) may require pipeline carriers and affiliated interests to file with the 27 commission reports and other information and data required or permitted to be 28 required by other provisions of this chapter; 29 (5) may adopt regulations that are necessary and proper to the 30 performance of its duties under this chapter, including regulations governing practices 31 and procedures of the commission; the regulations may not be inconsistent with state 01 law; the requirement of AS 44.62.190(a)(7) for newspaper or other publication of  02 a notice of proposed action does not apply to a notice for regulations proposed to  03 be adopted under this chapter; 04 (6) shall, during normal business hours, have access to and may 05 designate any of its employees, agents, or consultants to inspect and examine the 06 accounts, financial and property records, books, maps, inventories, appraisals, 07 valuations, and related reports kept by a pipeline carrier, or kept for it by others, that 08 directly affect the interests of the state and directly relate to pipelines located in the 09 state; 10 (7) may initiate, intervene in, and appear personally or by counsel and 11 offer evidence in and participate in, any proceedings involving a pipeline carrier, and 12 affecting the interests of the state, before any officer, department, board, commission, 13 or court of this state; 14 (8) shall require permits for the construction, enlargement in size or 15 operating capacity, extension, connection and interconnection, operation, or 16 abandonment of any oil or gas pipeline facility or facilities, subject to necessary and 17 reasonable terms, conditions, and limitations; 18 (9) may prescribe the system of accounts and regulate the service of an 19 oil or gas pipeline facility; 20 (10) shall provide all reasonable assistance to the Department of Law 21 in intervening in, offering evidence in, and participating in proceedings involving a 22 pipeline carrier or affiliated interest and affecting the interests of the state, before an 23 officer, department, board, commission, or court of another state or the United States. 24  * Sec. 16. AS 42.40.180(a) is amended to read: 25 (a) The board shall adopt rules to carry out its functions and the purposes of 26 this chapter, including rules to safeguard property owned, managed, or transported by 27 the corporation and to protect employees and persons using the corporation's property 28 or services. At least 15 days before the adoption of a rule, the board shall give public 29 notice of the proposed action by publishing a notice in a newspaper [AT LEAST 30 THREE NEWSPAPERS] of general circulation in the state and by furnishing 31 [MAILING] a copy of the notice to each person who has requested notice of proposed 01 changes to rules. The notice must state the time, place, and nature of the proceedings 02 and must contain a summary of the subject of the proposed rule. 03  * Sec. 17. AS 42.40.200(a) is amended to read: 04 (a) If a person who is to receive a notice under AS 42.40.180(a) or  05 42.40.190(a) requests that the board mail the notice, the board shall furnish the  06 notice to the person by mail. Failure to furnish [MAIL] notice to a person under 07 this subsection, AS 42.40.180(a), or 42.40.190(a) does not invalidate an action taken 08 by the board. 09  * Sec. 18. AS 43.20.160(c) is amended to read: 10 (c) The department shall prescribe and furnish all necessary forms, and adopt 11 and publish all necessary regulations in plain and concise language conformable with 12 this chapter for the assessment and collection of the taxes imposed by this chapter. 13 The department shall apply as far as practicable the administrative and judicial 14 interpretations of the federal income tax law. The department shall also prepare a 15 concise statement of the contents of the code sections referred to in this chapter for the 16 information of the taxpayer and make them available to the taxpayer making a return. 17 The requirement of AS 44.62.190(a)(7) for newspaper or other publication of a  18 notice of proposed action does not apply to a notice for regulations proposed to  19 be adopted to administer AS 43.20.072. 20  * Sec. 19. AS 43.56.200 is amended to read: 21 Sec. 43.56.200. Regulations. The board and the department may adopt 22 regulations under AS 44.62 (Administrative Procedure Act) as appropriate to carry out 23 their respective duties under this chapter. The requirement of AS 44.62.190(a)(7)  24 for newspaper or other publication of a notice of proposed action does not apply  25 to a notice for regulations proposed to be adopted under this section. 26  * Sec. 20. AS 44.62.140 is amended to read: 27 Sec. 44.62.140. Distribution of code and register. Upon the request of the  28 clerk of a local government unit for a paper or an electronic copy of [THE 29 LIEUTENANT GOVERNOR SHALL SUPPLY] a complete set of the Alaska 30 Administrative Code, and of the Alaska Administrative Register, and of each 31 supplement to the code or register, and payment of the costs described in (b) of this  01 section, the lieutenant governor shall supply the requested copy to the clerk of the 02 [EACH] local government unit, or, if the authority to accept filings is delegated, to the 03 person to whom this authority is delegated. 04 * Sec. 21. AS 44.62.140 is amended by adding a new subsection to read: 05 (b) Upon receipt of a request under (a) of this section, the lieutenant governor 06 shall inform the requesting clerk of the costs, including mailing costs, of complying 07 with the local government unit's request. 08  * Sec. 22. AS 44.62.190(a) is amended to read: 09 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 10 a state agency  11 (1) shall post a notice of the proposed action [SHALL BE (1) 12 PUBLISHED IN THE NEWSPAPER OF GENERAL CIRCULATION OR TRADE 13 OR INDUSTRY PUBLICATION THAT THE STATE AGENCY PRESCRIBES 14 AND POSTED] on the Alaska Online Public Notice System; [IN THE DISCRETION 15 OF THE STATE AGENCY GIVING THE NOTICE, THE REQUIREMENT OF 16 PUBLICATION IN A NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION 17 MAY BE SATISFIED BY USING A COMBINATION OF PUBLICATION AND 18 BROADCASTING; WHEN BROADCASTING THE NOTICE, AN AGENCY MAY 19 USE AN ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST 20 PROVIDES THE NAME AND DATE OF THE NEWSPAPER OR TRADE OR 21 INDUSTRY JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA 22 ONLINE PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE 23 NOTICE CAN BE FOUND;] 24 (2) shall furnish the notice of the proposed action [FURNISHED] to 25 every person who has filed a request for notice of proposed action with the state 26 agency; 27 (3) shall, if the agency is within a department, furnish the notice of  28 the proposed action [FURNISHED] to the commissioner of the department; 29 (4) shall,  when appropriate in the judgment of the agency, 30 (A) furnish the notice of the proposed action [FURNISHED] 31 to a person or group of persons whom the agency believes is interested in the 01 proposed action; and 02 (B) publish the notice of the proposed action [PUBLISHED] 03 in the additional form and manner the state agency prescribes; 04 (5) shall furnish the notice of the proposed action [FURNISHED] to 05 the Department of Law together with a copy of the proposed regulation, amendment, 06 or order of repeal for the department's use in preparing the opinion required after 07 adoption and before filing by AS 44.62.060; 08 (6) shall furnish the notice of the proposed action [FURNISHED] 09 by electronic format, if the state agency has the technological capability, to all 10 incumbent State of Alaska legislators, and furnish the notice [FURNISHED] to the 11 Legislative Affairs Agency; if the state agency does not have the technological 12 capability to furnish the notice by electronic format to the legislators, the state agency 13 shall furnish the notice to the legislators by other means;  14 (7) shall publish an abbreviated form of the notice of the proposed  15 action in a newspaper of general circulation or trade or industry publication that  16 the state agency giving the notice prescribes; and  17 (8) may broadcast an abbreviated form of the notice of the  18 proposed action. 19 * Sec. 23. AS 44.62.200 is repealed and reenacted to read: 20 Sec. 44.62.200. Contents of notice. (a) The notice of proposed adoption, 21 amendment, or repeal of a regulation that is posted on the Alaska Online Public Notice 22 System and that is furnished under AS 44.62.190(a)(2) - (6) must include 23 (1) a statement of the time, place, and nature of proceedings for 24 adoption, amendment, or repeal of the regulation; 25 (2) reference to the authority under which the regulation is proposed 26 and a reference to the particular code section or other provisions of law that are being 27 implemented, interpreted, or made specific; 28 (3) an informative summary of the proposed subject of agency action; 29 (4) other matters prescribed by a statute applicable to the specific 30 agency or to the specific regulation or class of regulations; and 31 (5) a summary of the fiscal information required to be prepared under 01 AS 44.62.195. 02 (b) The abbreviated form of the notice of proposed action that is published in a 03 newspaper of general circulation or trade or industry publication, or that is broadcast, 04 under AS 44.62.190(a)(7) or (8) must include 05 (1) a statement of the time, place, and nature of the proceedings for 06 adoption, amendment, or repeal of the regulation; 07 (2) a reference to the particular code section or other provisions of law 08 that are being implemented, interpreted, or made specific; 09 (3) a brief general description of the proposed subject of agency 10 action; and 11 (4) a statement of how more detailed information may be obtained, 12 including 13 (A) the Internet address of the Alaska Online Public Notice 14 System where the full text of the notice of proposed action can be found; and 15 (B) the name, telephone number, and electronic and mailing 16 addresses of the contact person for the state agency through whom a person 17 may request a copy of the full text of the notice of, or submit comments on, the 18 proposed action. 19 (c) A regulation that is adopted, amended, or repealed may vary in content 20 from the summary specified in (a)(3) of this section, or the brief general description 21 specified in (b)(3) of this section, if the subject matter of the regulation remains the 22 same and the original notice was written so as to assure that members of the public are 23 reasonably notified of the proposed subject of agency action in order for them to 24 determine whether their interests could be affected by agency action on that subject. 25  * Sec. 24. AS 44.88.085(d) is amended to read: 26 (d) Except as provided in (e) of this section, at least 15 days before the 27 adoption, amendment, or repeal of a regulation, the authority shall give public notice 28 of the proposed action by publishing the notice in a newspaper [AT LEAST THREE 29 NEWSPAPERS] of general circulation in the state and by furnishing [MAILING] a 30 copy of the notice to every person who has filed a request for notice of proposed 31 regulations with the authority. If a person who is to receive a notice under this  01 subsection requests that the authority mail the notice, the authority shall furnish  02 the notice to the person by mail. The public notice must include a statement of the 03 time, place, and nature of the proceedings for the adoption, amendment, or repeal of 04 the regulation and must include an informative summary of the subject of the proposed 05 action. On the date and at the time and place designated in the notice, the authority 06 shall give each interested person or an authorized representative of the person, or both, 07 the opportunity to present statements, arguments, or contentions orally or in writing 08 and shall give members of the public an opportunity to present oral statements, 09 arguments, or contentions for a total period of at least one hour. The authority shall 10 consider all relevant matter presented to it before taking the proposed action on the 11 regulation. At a hearing under this subsection, the authority may continue or postpone 12 the hearing to a time and place determined by the authority and announced at the 13 hearing before taking the action to continue or postpone the hearing. A regulation 14 adopted, amended, or repealed by the authority may vary from the informative 15 summary specified in this subsection if the subject matter of the action taken on the 16 regulation remains the same and if the original notice of the proposed action was 17 written so as to assure that members of the public are reasonably notified of the 18 subject matter of the proposed action in order for them to determine whether their 19 interests could be affected by the authority's proposed action on that subject. 20 * Sec. 25. AS 45.55.960 is amended to read: 21 Sec. 45.55.960. Administrative Procedure Act applies. AS 44.62 22 (Administrative Procedure Act) applies to all regulations adopted or authorized under 23 this chapter, except that the requirement of AS 44.62.190(a)(7) for newspaper or  24 other publication of a notice of proposed action does not apply to a notice for  25 regulations proposed to be adopted under this chapter. 26  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. The changes made by this Act do not apply to the adoption, 29 amendment, or repeal of an agency regulation or rule unless notice of the proposed adoption, 30 amendment, or repeal is first provided to the public in accordance with law on or after the 31 effective date of this Act. 01 * Sec. 27. This Act takes effect immediately under AS 01.10.070(c).