00CS FOR HOUSE BILL NO. 291(STA)                                                                                        
01 "An Act relating to the giving of certain state agency notices."                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 44.62.190 is amended to read:                                                                     
04  Sec. 44.62.190.  Notice of proposed action.  (a)  At least 30 days before the                                       
05 adoption, amendment, or repeal of a regulation, notice of the proposed action shall be                                  
06   (1)  published in the newspaper of general circulation or trade or                                                   
07 industry publication that the state agency prescribes and in the Alaska Administrative                                  
08 Journal; in the discretion of the state agency giving the notice, the requirement of                                    
09 publication in a newspaper or trade or industry publication may be satisfied by using                                   
10 a combination of publication and broadcasting; when broadcasting the notice, an                                         
11 agency may use an abbreviated form of the notice if the broadcast provides the name                                     
12 and date of the newspaper or trade or industry journal where the full text of the notice                                
13 can be found;                                                                                                           
14   (2)  furnished  [MAILED] to every person who has filed a request for                                               

01 notice of proposed action with the state agency;                                                                        
02   (3)  if the agency is within a department,  furnished  [MAILED OR                                                  
03 DELIVERED] to the commissioner of the department;                                                                       
04   (4)  when appropriate in the judgment of the agency,                                                                 
05   (A)  furnished  [MAILED] to a person or group of persons                                                          
06 whom the agency believes is interested in the proposed action; and                                                      
07   (B)  published in the additional form and manner the state                                                          
08 agency prescribes;                                                                                                      
09   (5)  furnished  to  the Department of Law together with a copy of the                                              
10 proposed regulation, amendment, or order of repeal for the department's use in                                          
11 preparing the opinion required after adoption and before filing by AS 44.62.060;                                        
12   (6)  furnished  by electronic format, if the state agency has the                                                   
13 technological capability,  to all incumbent State of Alaska legislators ,  and  furnished                           
14 to  the Legislative Affairs Agency;  if the state agency does not have the                                            
15 technological capability to furnish the notice by electronic format to the                                              
16 legislators, the state agency shall furnish the notice to the legislators by other                                      
17 means                                                                                                                  
18   [(7)  FURNISHED TO THE STANDING COMMITTEE OF EACH                                                                    
19 HOUSE OF THE LEGISLATURE HAVING LEGISLATIVE JURISDICTION OVER                                                           
20 THE SUBJECT MATTER TREATED BY THE REGULATION UNDER THE                                                                  
21 UNIFORM RULES OF THE ALASKA STATE LEGISLATURE, TOGETHER WITH                                                            
22 A COPY OF THE PROPOSED REGULATION, AMENDMENT, OR ORDER OF                                                               
23 REPEAL FOR THE COMMITTEE'S USE IN CONDUCTING THE REVIEW                                                                 
24 AUTHORIZED BY AS 24.05.182;                                                                                             
25   (8)  FURNISHED TO THE STAFF OF THE ADMINISTRATIVE                                                                    
26 REGULATION REVIEW COMMITTEE, TOGETHER WITH A COPY OF THE                                                                
27 PROPOSED REGULATION, AMENDMENT, OR ORDER OF REPEAL AND, IF                                                              
28 PREPARATION OF AN APPROPRIATION INCREASE ESTIMATE IS REQUIRED                                                           
29 BY AS 44.62.195, A COPY OF THE ESTIMATE].                                                                               
30  (b)  If the form or manner of notice is prescribed by statute, in addition to the                                     
31 requirements of filing and  furnishing  [MAILING] notice under  AS 44.62.010 -                                       

01 44.62.300, or in addition to the requirements of filing and mailing notice under                                        
02 other sections of  this chapter, the notice shall be published, posted, mailed, filed, or                              
03 otherwise publicized as prescribed by the statute.                                                                      
04  (c)  The failure to  furnish  [MAIL] notice to a person as provided in this                                         
05 section does not invalidate an action taken by an agency under AS 44.62.180  -                                          
06 44.62.290.                                                                                                              
07  (d)  Along with a notice furnished under (a)(2), (4)(A),  or  (6) [, (7), OR (8)]                                   
08 of this section, the state agency shall include the reason for the proposed action, the                                 
09 initial cost to the state agency of implementation, the estimated annual costs to the                                   
10 state agency of implementation, the name of the contact person for the state agency,                                    
11 and the origin of the proposed action.                                                                                  
12    * Sec. 2.  AS 44.62.190 is amended by adding a new subsection to read:                                             
13  (e)  Notwithstanding (a) of this section, if a person who is to receive a notice                                      
14 under (a) of this section requests that the state agency mail the notice, the state agency                              
15 shall furnish the notice to the person by mail.