CSHB 33(JUD): "An Act relating to regulations that may govern the conduct of small businesses; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 33(JUD) 01 "An Act relating to regulations that may govern the conduct of small businesses; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.62 is amended by adding a new section to read: 05 Sec. 44.62.218. Regulations affecting small businesses. (a) Before a 06 designated state agency adopts a proposed regulation that may govern the conduct of 07 small businesses, or when a person petitions a designated state agency under 08 AS 44.62.220 to adopt a proposed regulation that may govern the conduct of small 09 businesses, the designated state agency shall 10 (1) notify the department that the designated state agency intends to 11 adopt the proposed regulation or has received a petition under AS 44.62.220 to adopt 12 the proposed regulation; 13 (2) prepare an economic effect statement under (b) of this section; and 14 (3) prepare a regulatory flexibility analysis under (c) of this section.
01 (b) A designated state agency shall use the information received under 02 AS 44.62.210 and 44.62.215, information provided by the department under (e) of this 03 section, and other information in the files of the designated state agency to prepare the 04 economic effect statement required by (a) of this section. The economic effect 05 statement must provide 06 (1) a general description of small businesses that would be subject to 07 the proposed regulation; 08 (2) the projected reporting, recordkeeping, and other administrative 09 costs that small businesses would be required to incur in order to comply with the 10 proposed regulation, including an identification of the type of professional skills 11 necessary to prepare the report or record or to take the administrative action; 12 (3) a statement of the probable economic effect that the proposed 13 regulation would have on the small businesses whose conduct would be governed by 14 the proposed regulation; and 15 (4) a description of any alternative methods of achieving the purpose 16 of the proposed regulation that would be less intrusive or less costly for the small 17 businesses whose conduct would be governed by the proposed regulation. 18 (c) In the regulatory flexibility analysis required by (a) of this section, a 19 designated state agency shall consider using regulatory methods that 20 (1) minimize the effects of the proposed regulation on small businesses 21 without compromising the objectives of statutes authorizing the proposed regulation; 22 and 23 (2) are consistent with health, safety, environmental welfare, and 24 economic welfare. 25 (d) When preparing the regulatory flexibility analysis under (c) of this section, 26 the designated state agency shall consider 27 (1) the establishment of less stringent compliance or reporting 28 requirements for small businesses; 29 (2) the establishment of less stringent schedules or deadlines for 30 compliance or reporting requirements for small businesses; 31 (3) the consolidation or simplification of compliance or reporting
01 requirements for small businesses; 02 (4) the establishment of performance standards to replace design or 03 operational standards for small businesses; and 04 (5) the exemption of small businesses from all or any part of the 05 requirements contained in the proposed regulation. 06 (e) The department shall advise and assist a designated state agency to comply 07 with this section. 08 (f) This section does not apply to regulations 09 (1) of a board or commission whose members are subject to 10 confirmation by the legislature; 11 (2) of the Alaska Energy Authority; 12 (3) of the Department of Environmental Conservation that are adopted 13 under the authority of AS 46.03.050 - 46.03.900, AS 46.04, AS 46.08, AS 46.09, 14 AS 46.11, AS 46.14, AS 46.35, or AS 46.45; 15 (4) of the Local Boundary Commission; or 16 (5) mandated by federal law as a condition for participating in or 17 implementing a federally subsidized or assisted program, or for obtaining or 18 maintaining state primacy in a federal program. 19 (g) This section does not create a private cause of action. If a designated state 20 agency fails to comply with this section, the failure does not establish a ground on 21 which to invalidate a regulation that has been filed by the lieutenant governor under 22 AS 44.62.080. This subsection is not intended to prevent judicial review of a 23 regulation under AS 44.62.300 for a reason unrelated to this section. 24 (h) In this section, 25 (1) "department" means the Department of Commerce, Community, 26 and Economic Development; 27 (2) "designated state agency" means the 28 (A) Department of Commerce, Community, and Economic 29 Development; 30 (B) Department of Environmental Conservation; 31 (C) Department of Health and Social Services; or
01 (D) Department of Labor and Workforce Development; 02 (3) "governs the conduct" means regulates the manner in which a small 03 business conducts its business activities but does not include the imposition of a fee to 04 cover the cost of a state service if the fee is charged uniformly to all users of the 05 service; 06 (4) "proposed regulation" means a proposal for a new regulation or for 07 a change in or an addition to an existing regulation but does not include the repeal of 08 an existing regulation; 09 (5) "regulation" has the meaning given in AS 44.62.640, but does not 10 include an emergency regulation under AS 44.62.250 - 44.62.260; 11 (6) "small business" means 12 (A) a business entity, including its affiliates, that 13 (i) is independently owned and operated; and 14 (ii) employs fewer than 100 employees; 15 (B) a village corporation that employs fewer than 100 16 employees; in this subparagraph, "village corporation" has the meaning given 17 in 43 U.S.C. 1602(j); or 18 (C) a nonprofit utility that employs fewer than 100 employees; 19 in this subparagraph, "utility" has the meaning given in AS 42.05.990. 20 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION. AS 44.62.218, enacted by sec. 1 of this Act, applies to a proposed 23 regulation proposed by a designated state agency on or after January 1, 2006 or by an 24 interested person under AS 44.62.220 on or after January 1, 2006. In this section, "designated 25 state agency" and "proposed regulation" have the meanings given in AS 44.62.218, enacted 26 by sec. 1 of this Act. 27 * Sec. 3. This Act takes effect January 1, 2006.