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