00 CS FOR SENATE BILL NO. 287(STA)
01 "An Act relating to review of certain regulations under the Administrative Procedure
02 Act by 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 Legislative Affairs Agency
06 shall review each proposed adoption, amendment, or repeal of a regulation that is
07 subject to AS 44.62.010 - 44.62.300 (Administrative Procedure Act), other than a
08 proposal of a board, commission, council, or public corporation.
09 (b) An agency shall, at the time it provides a copy to the Department of Law,
10 submit each proposed adoption, amendment, or repeal of a regulation that it works on
11 and that is subject to review under (a) of this section to the Legislative Affairs
12 Agency. The copy shall be provided before notice of the proposed action is given
13 under AS 44.62.190 or a public hearing is held on the proposal. The Legislative
14 Affairs Agency shall review each proposal to determine whether the
01 (1) agency making the proposal has express or implied authority to
02 adopt, amend, or repeal the regulation;
03 (2) proposal implements, interprets, makes specific, or otherwise
04 carries out a statute;
05 (3) proposal is consistent with the statute;
06 (4) proposal is reasonably necessary to carry out the purpose of the
07 statute; and
08 (5) proposal is clear, grammatically and structurally sound, and
09 understandable by those affected.
10 (c) In conducting its review of a proposal, the Legislative Affairs Agency may
11 consult with the Department of Law and make recommendations for changes in the
12 proposal. If changes are made in the proposal, the Legislative Affairs Agency shall
13 continue its review of the proposal as changed. If, at the completion of its review, the
14 Legislative Affairs Agency determines that the proposal does not meet the standards
15 under (b) of this section, the agency shall notify the Department of Law in writing of
16 its conclusions. If the Legislative Affairs Agency determines that the proposal fails to
17 meet the requirements of AS 44.62.030, it shall also send a copy of its conclusions to
18 the Administrative Regulation Review Committee.
19 (d) The Legislative Affairs Agency may not release any information regarding
20 its receipt or review of a proposal under this section except to the Department of Law,
21 the Administrative Regulation Review Committee, the president of the senate, and the
22 speaker of the house of representatives.
23 (e) The adoption, amendment, or repeal of a regulation may not be delayed
24 because of the review by the Legislative Affairs Agency under this section.
25 Suggestions for changes to a proposal made by the agency are not binding.
26 * Sec. 2. AS 44.62.125(b) is amended by adding a new paragraph to read:
27 (8) submit each proposed adoption, amendment, or repeal of a
28 regulation that the department works on under (4) of this subsection to the Legislative
29 Affairs Agency for review under AS 24.20.105.
30 * Sec. 3. AS 44.62.250 is amended to read:
31 Sec. 44.62.250. Emergency regulations. A regulation or order of repeal may
01 be adopted as an emergency regulation or order of repeal if a state agency makes a
02 written finding, including a statement of the facts that constitute the emergency, that
03 the adoption of the regulation or order of repeal is necessary for the immediate
04 preservation of the public peace, health, safety, or general welfare. The requirements
05 of AS 24.20.105, AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 -
06 44.62.215 do not apply to the initial adoption of emergency regulations; however,
07 upon adoption of an emergency regulation the adopting agency shall immediately
08 submit a copy of it to the lieutenant governor for filing and for publication in the
09 Alaska Administrative Register, and within five days after filing by the lieutenant
10 governor the agency shall give notice of the adoption in accordance with
11 AS 44.62.190(a). Failure to give the required notice by the end of the 10th day
12 automatically repeals the regulation.
13 * Sec. 4. AS 44.62.260 is amended to read:
14 Sec. 44.62.260. Limitation on effective period of emergency regulations.
15 (a) A regulation adopted as an emergency regulation does not remain in effect more
16 than 120 days unless the adopting agency complies with AS 24.20.105,
17 AS 44.62.040(c), 44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 either before
18 submitting the regulation to the lieutenant governor or during the 120-day period.
19 (b) Before the expiration of the 120-day period, the agency shall transmit to
20 the lieutenant governor for filing a certification that AS 24.20.105, AS 44.62.040(c),
21 44.62.060, 44.62.125(b)(8), and 44.62.190 - 44.62.215 were complied with before
22 submitting the regulation to the lieutenant governor, or that the agency complied with
23 those sections within the 120-day period. Failure to so certify repeals the emergency
24 regulation; it may not be renewed or refiled as an emergency regulation.
25 * Sec. 5. This Act takes effect July 1, 2004.