txt

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.