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SB 287: "An Act relating to review of regulations under the Administrative Procedure Act by the Legislative Affairs Agency; and providing for an effective date."

00                             SENATE BILL NO. 287                                                                         
01 "An Act relating to review of regulations under the Administrative Procedure Act by                                     
02 the Legislative Affairs Agency; and providing for an effective date."                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 24.20 is amended by adding a new section to read:                                                 
05            Sec. 24.20.105.  Review of regulations.  (a)  The Department of Law shall                                  
06       submit each proposed adoption, amendment, or repeal of a regulation that it works on                              
07       under AS 44.62.125(b)(4) to the Legislative Affairs Agency before notice of the                                   
08       proposed action is given under AS 44.62.190 or a public hearing is held on the                                    
09       proposal.  The Legislative Affairs Agency shall review each proposal to determine                                 
10       whether the                                                                                                       
11                 (1)  agency making the proposal has express or implied authority to                                     
12       adopt, amend, or repeal the regulation;                                                                           
13                 (2)  proposal implements, interprets, makes specific, or otherwise                                      
14       carries out a statute;                                                                                            
01                 (3)  proposal is consistent with the statute;                                                           
02                 (4)  proposal is reasonably necessary to carry out the purpose of the                                   
03       statute; and                                                                                                      
04                 (5)  proposal is clear, grammatically and structurally sound, and                                       
05       understandable by those affected.                                                                                 
06            (b)  In conducting its review of a proposal, the Legislative Affairs Agency may                              
07       consult with the Department of Law and make recommendations for changes in the                                    
08       proposal.  If changes are made in the proposal, the Legislative Affairs Agency shall                              
09       continue its review of the proposal as changed.  At the completion of its review, the                             
10       Legislative Affairs Agency shall notify the Department of Law in writing of its                                   
11       conclusions.  If the Legislative Affairs Agency determines that the proposal fails to                             
12       meet the requirements of AS 44.62.030, it shall also send a copy of its conclusions to                            
13       the Administrative Regulation Review Committee.                                                                   
14            (c)  The Legislative Affairs Agency may not release any information regarding                                
15       its receipt or review of a proposal under this section except to the Department of Law,                           
16       the Administrative Regulation Review Committee, the president of the senate, and the                              
17       speaker of the house of representatives.                                                                          
18    * Sec. 2.  AS 44.62.125(b) is amended by adding a new paragraph to read:                                           
19                 (8)  submit each proposed adoption, amendment, or repeal of a                                           
20       regulation that the department works on under (4) of this subsection to the Legislative                           
21       Affairs Agency for review under AS 24.20.105.                                                                     
22    * Sec. 3.  AS 44.62.250 is amended to read:                                                                        
23            Sec. 44.62.250.  Emergency regulations.  A regulation or order of repeal may                               
24       be adopted as an emergency regulation or order of repeal if a state agency makes a                                
25       written finding, including a statement of the facts that constitute the emergency, that                           
26       the adoption of the regulation or order of repeal is necessary for the immediate                                  
27       preservation of the public peace, health, safety, or general welfare.  The requirements                           
28       of AS 24.20.105, AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 -                             
29       44.62.215 do not apply to the initial adoption of emergency regulations; however,                                 
30       upon adoption of an emergency regulation the adopting agency shall immediately                                    
31       submit a copy of it to the lieutenant governor for filing and for publication in the                              
01       Alaska Administrative Register, and within five days after filing by the lieutenant                               
02       governor the agency shall give notice of the adoption in accordance with                                          
03       AS 44.62.190(a). Failure to give the required notice by the end of the 10th day                                   
04       automatically repeals the regulation.                                                                             
05    * Sec. 4.  AS 44.62.260 is amended to read:                                                                        
06            Sec. 44.62.260.  Limitation on effective period of emergency regulations.                                  
07       (a)  A regulation adopted as an emergency regulation does not remain in effect more                               
08       than 120 days unless the adopting agency complies with AS 24.20.105,                                          
09       AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 either before                          
10       submitting the regulation to the lieutenant governor or during the 120-day period.                                
11            (b)  Before the expiration of the 120-day period, the agency shall transmit to                               
12       the lieutenant governor for filing a certification that AS 24.20.105, AS 44.62.040(c),                        
13       44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 were complied with before                               
14       submitting the regulation to the lieutenant governor, or that the agency complied with                            
15       those sections within the 120-day period.  Failure to so certify repeals the emergency                            
16       regulation; it may not be renewed or refiled as an emergency regulation.                                          
17    * Sec. 5.  This Act takes effect July 1, 2004.