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HB 267: "An Act relating to review and expiration of regulations; and providing for an effective date."

00 HOUSE BILL NO. 267                                                                                                      
01 "An Act relating to review and expiration of regulations; and providing for an                                          
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 14.40.871(b) is amended to read:                                                                    
05  (b)  Except for AS 44.62.310 and 44.62.312 regarding public meetings and                                             
06 AS 44.62.320 regarding expiration and legislative review of regulations, the                                           
07 provisions of AS 44.62 (Administrative Procedure Act) regarding the adoption of                                         
08 regulations do not apply to the corporation.  The corporation shall make available to                                   
09 members of the public copies of the regulations adopted under this section.  Within 14                                
10 [45] days after adoption of a regulation under this section, the chair of the corporation                               
11 shall submit the regulation adopted to the chair of the Administrative Regulation                                       
12 Review Committee together with information required under AS 24.20.462                                              
13 [AS 24.20.400 - 24.20.460].                                                                                             
14    * Sec. 2.  AS 18.56.088(a) is amended to read:                                                                       
01  (a)  Except for AS 44.62.310 and 44.62.312, regarding public meetings, and                                           
02 AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative review of                                        
03 regulations, AS 44.62 (Administrative Procedure Act) does not apply to this chapter.                                    
04 The corporation shall make available to members of the public copies of the                                             
05 regulations adopted under (b) - (e) of this section.  Within 14 [45] days after adoption,                             
06 the chair [CHAIRMAN] of the board shall submit a regulation adopted under (b) - (e)                                   
07 of this section to the chair [CHAIRMAN] of the Administrative Regulation Review                                       
08 Committee together with information required under AS 24.20.462 [AS 24.20.400                                       
09 - 24.20.460.  THE PROVISIONS OF AS 44.62.320(a) APPLY TO REGULATIONS                                                    
10 ADOPTED UNDER (b) -  (e) OF THIS SECTION].                                                                              
11    * Sec. 3.  AS 24.20.065(a) is amended to read:                                                                       
12  (a)  The legislative council shall annually examine [ADMINISTRATIVE                                                   
13 REGULATIONS,] published opinions of state and federal courts and of the                                                 
14 Department of Law [, AND FINAL DECISIONS ADOPTED UNDER AS 44.62                                                         
15 (ADMINISTRATIVE PROCEDURE ACT)] that rely on state statutes or the common                                               
16 law of the state to determine if                                                                                        
17   (1)  the courts and agencies are properly implementing legislative                                                   
18 purposes;                                                                                                               
19   (2)  there are court or agency expressions of dissatisfaction with state                                             
20 statutes or the common law of the state;                                                                                
21   (3)  the opinions or [,] decisions [, OR REGULATIONS] indicate                                                     
22 unclear or ambiguous statutes;                                                                                          
23   (4)  the courts have modified or revised the common law of the state.                                                
24    * Sec. 4.  AS 24.20.400 is amended to read:                                                                          
25  Sec. 24.20.400.  ADMINISTRATIVE REGULATION REVIEW COMMITTEE                                                           
26 ESTABLISHED.  The Administrative Regulation Review Committee is established as                                          
27 a permanent interim committee of the legislature.  The establishment of the committee                                   
28 recognizes the need for prompt legislative review of [ADMINISTRATIVE] regulations                                       
29 [FILED BY THE LIEUTENANT GOVERNOR] to determine whether adoption of the                                                
30 regulations is authorized by statute and whether the regulations implement                                              
31 legislative intent [ANNULMENT UNDER AS 44.62.320 IS APPROPRIATE].                                                      
01    * Sec. 5.  AS 24.20 is amended by adding a new section to read:                                                      
02  Sec. 24.20.402.  EXPIRATION OF REGULATIONS.  (a)  Notwithstanding                                                     
03 other provisions of law, every regulation in effect during a calendar year expires on                                   
04 June 30 of the calendar year immediately following.  The legislature may by law                                         
05 postpone the expiration of a specific regulation.  The postponement of the expiration                                   
06 date of a specific regulation does not constitute legislative approval of the regulation                                
07 or evidence of the validity of the regulation.                                                                          
08  (b)  A regulation that expires under (a) of this section may not be readopted by                                      
09 an agency in substantially the same form unless readoption of the regulation is                                         
10 specifically authorized by statute or by a court order.                                                                 
11    * Sec. 6.  AS 24.20.460 is amended to read:                                                                          
12  Sec. 24.20.460.  POWERS.  The committee may [ADMINISTRATIVE                                                         
13 REGULATION REVIEW COMMITTEE HAS THE FOLLOWING POWERS:]                                                                  
14   (1)  [TO] organize and adopt rules for the conduct of its business;                                                  
15   (2)  [TO] hold public hearings;                                                                                      
16   (3)  [TO] require all state officials and agencies of state government to                                            
17 give full cooperation to the committee or its staff in assembling and furnishing                                        
18 requested information;                                                                                                  
19   (4)  [TO] examine all [ADMINISTRATIVE] regulations to determine                                                      
20 if they properly implement legislative intent;                                                                          
21   (5)  [TO MAKE RECOMMENDATIONS FOR LEGISLATIVE                                                                        
22 ANNULMENT OF ADMINISTRATIVE REGULATIONS UNDER AS 44.62.320;                                                             
23   (6)  TO]  prepare and distribute reports, memoranda, or other materials;                                             
24   (6) [(7)  TO]  promote needed revision or repeal of regulations that have                                          
25 been adopted by an agency [STATE DEPARTMENTS AND AGENCIES] and, when                                                  
26 the committee determines a regulation should be repealed or amended, to introduce a                                     
27 bill that would enact a statute that would supersede or nullify the regulation;                                         
28   (7) [(8)  TO] investigate findings that are transmitted to the committee                                           
29 by a standing committee in accordance with AS 24.05.182 and, as appropriate, to                                         
30 either introduce a bill to supersede [ANNULLING] the regulation or permit the                                        
31 regulation to expire under AS 24.20.402;                                                                                
01   (8)  [TO] exercise the committee's power to suspend the effectiveness                                               
02 of the regulation in accordance with AS 24.20.445;                                                                    
03   (9)  introduce a bill by February 1 of each year to postpone the                                                    
04 expiration of specific regulations under AS 24.20.402.                                                                 
05    * Sec. 7.  AS 24.20.460 is amended by adding a new subsection to read:                                               
06  (b)  If the committee determines that a regulation is beyond the authority of the                                     
07 adopting agency or that it does not implement legislative intent, the committee may                                     
08 deliver an objection to the regulation to the lieutenant governor for permanent filing.                                 
09 The committee may withdraw or modify an objection at any time.  After the filing of                                     
10 an objection that is not later withdrawn, the burden is on the agency in any proceeding                                 
11 for judicial review or for enforcement of the regulation to establish that the adoption                                 
12 of the regulation is within the authority delegated to the agency and that the regulation                               
13 implements legislative intent.  The failure of the committee to file an objection to a                                  
14 regulation under this subsection does not constitute approval of the regulation.                                        
15    * Sec. 8.  AS 24.20 is amended by adding new sections to read:                                                       
16  Sec. 24.20.462.  INFORMATION ON REGULATIONS.  (a)  To enable the                                                      
17 committee to conduct a review of a change in regulation, each agency shall, within 14                                   
18 days after adopting, amending, or repealing a regulation submit to the committee                                        
19   (1)  a copy of the regulation change;                                                                                
20   (2)  a brief summary of the regulation change and a description of the                                               
21 previous regulatory scheme before its modification as a result of the change;                                           
22   (3)  a citation to and brief description of any federal law or regulation                                            
23 relevant to the regulation change;                                                                                      
24   (4)  fiscal information prepared under AS 44.62.195;                                                                 
25   (5)  identification of individuals and private or public organizations most                                          
26 directly affected by the regulation change and whether they supported or opposed the                                    
27 change;                                                                                                                 
28   (6)  identification of any attorney general opinions or judicial decisions                                           
29 relevant to the regulation change;                                                                                      
30   (7)  identification of an agency representative with substantial                                                     
31 knowledge regarding the regulation change who will answer questions regarding the                                       
01 change from the committee or members of the public, including the name, address, and                                    
02 telephone number of the agency representative.                                                                          
03  (b)  The agency shall supply in a timely fashion any additional information                                           
04 regarding a regulation change that is requested by the committee.                                                       
05  Sec. 24.20.465.  DEFINITIONS.  In AS 24.20.400 - 24.20.465,                                                           
06   (1)  "agency" means a department, commission, board, public                                                          
07 corporation, or other entity in the executive branch of state government, including the                                 
08 University of Alaska;                                                                                                   
09   (2)  "committee" means the Administrative Regulation Review                                                          
10 Committee;                                                                                                              
11   (3)  "regulation"                                                                                                    
12   (A)  means a regulation, rule, order, or standard of general                                                        
13 application to implement, interpret, or make specific the law enforced or                                               
14 administered by an agency;                                                                                              
15   (B)  includes a manual, policy, instruction, guide to enforcement,                                                  
16 bulletin, and the like that has the effect of a standard of general application;                                        
17   (C)  does not include a regulation that relates only to the internal                                                
18 management of the agency or a form prescribed by an agency or instruction                                               
19 relating to the use of the form.                                                                                        
20    * Sec. 9.  AS 44.62.320 is repealed and reenacted to read:                                                           
21  Sec. 44.62.320.  EXPIRATION AND LEGISLATIVE REVIEW OF                                                                 
22 REGULATIONS.  Each regulation is subject to review under AS 24.20.400 -                                                 
23 24.20.465 and expires under AS 24.20.402 unless expiration is postponed by law.                                         
24    * Sec. 10.  AS 44.88.085(a) is amended to read:                                                                      
25  (a)  Except for AS 44.62.310 and 44.62.312 regarding public meetings, and                                             
26 except for AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative                                      
27 review of regulations, the provisions of the Administrative Procedure Act regarding the                                 
28 adoption of regulations (AS 44.62.040 - 44.62.320) do not apply to the authority.  The                                  
29 authority shall make available to members of the public copies of the regulations                                       
30 adopted under this section.  Within 14 [45] days after adoption of a regulation under                                 
31 this section, the chair [CHAIRMAN] of the authority shall submit the regulation                                       
01 adopted to the chair [CHAIRMAN] of the Administrative Regulation Review                                               
02 Committee together with information required under AS 24.20.462 [AS 24.20.400 -                                     
03 24.20.460].                                                                                                             
04    * Sec. 11.  This Act takes effect January 1, 1996.