CSHB 291(STA): "An Act relating to the giving of certain state agency notices."

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.