HB 163: "An Act removing the word 'reasonable' from the phrase 'reasonable regulations' in the Alaska Statutes."
00 HOUSE BILL NO. 163 01 "An Act removing the word 'reasonable' from the phrase 'reasonable regulations' in the 02 Alaska Statutes." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 05.20.070 is amended to read: 05 Sec. 05.20.070. Regulations. The department may adopt [REASONABLE] 06 regulations and codes relating to public safety in the construction, operation, and 07 maintenance of devices. The regulations and codes must be in accordance with 08 established standards, if any, and may not be discriminatory in their application. 09 * Sec. 2. AS 08.60.080 is amended to read: 10 Sec. 08.60.080. Authorization to impose conditions for establishment, 11 operation, and maintenance. The commissioner of public safety or the cities or 12 organized boroughs shall examine the location or proposed location of a junk yard and 13 adopt [REASONABLE] regulations concerning the establishment, operation, and 14 maintenance of businesses under the standards set out in AS 08.60.070. The
01 regulations may require the erection, location, and size of fences or other structures 02 surrounding the junk yard. Regulations pertaining to junk yards are subject to the 03 provisions of AS 44.62 (Administrative Procedure Act). 04 * Sec. 3. AS 14.56.020 is amended to read: 05 Sec. 14.56.020. Powers of the Department of Education and Early 06 Development. The department shall 07 (1) stimulate and encourage citizens' participation in the development 08 and improvement of library facilities; and 09 (2) establish policies, plans, and procedures of the department, and 10 adopt [REASONABLE] regulations and orders, with penalties, as may be required. 11 * Sec. 4. AS 19.65.030(d) is amended to read: 12 (d) A person may construct a ferry terminal facility upon obtaining the 13 approval of the department as to its location. A ferry terminal facility constructed by a 14 person other than the department is subject to [REASONABLE] regulations governing 15 its use that the department considers necessary and proper in the public interest. 16 * Sec. 5. AS 21.06.090(a) is amended to read: 17 (a) The director may adopt [REASONABLE] regulations to carry out the 18 provisions of [EFFECTUATE] this title. A regulation may not extend, modify, or 19 conflict with any law of this state or the reasonable implications thereof. Except for 20 regulations adopted under AS 21.06.250, a regulation affecting a person or matter 21 other than the personnel or the internal affairs of the director's office shall be adopted 22 or amended only after a hearing, of which notice was given as required by 23 AS 21.06.200. If reasonably possible, the director shall set out the proposed regulation 24 or amendment in or with the notice of hearing. A regulation or amendment as to which 25 a hearing is required is not effective until it has been on file as a public record in the 26 director's office for at least 10 days. 27 * Sec. 6. AS 21.39.130(a) is amended to read: 28 (a) The director shall adopt [REASONABLE] regulations and statistical plans, 29 reasonably adapted to each of the rating systems filed with the director, that may be 30 modified and that shall be used by each insurer in the recording and reporting of its 31 loss and countrywide expense experience, in order that the experience of all insurers
01 may be made available at least annually in the form and detail that may be necessary 02 to aid in determining whether rating systems comply with the standards set out in 03 AS 21.39.030. The regulations and plans may also provide for the recording and 04 reporting of expense experience items that are specially applicable to this state and are 05 not susceptible of determination by a prorating of countrywide expense experience. In 06 adopting the regulations and plans, the director shall give due consideration to the 07 rating systems filed with the director and, in order that the regulations and plans may 08 be as uniform as is practicable among the several states, to the regulations and to the 09 form of the plans used for the rating systems in other states. An insurer may not be 10 required to record or report its loss experience on a classification basis that is 11 inconsistent with the rating system filed by it. The director may designate one or more 12 rating organizations or other agencies to assist in gathering the experience and making 13 compilations. The compilations shall be made available, subject to [REASONABLE] 14 regulations adopted by the director, to insurers and rating organizations. 15 * Sec. 7. AS 21.39.130(b) is amended to read: 16 (b) Regulations [REASONABLE REGULATIONS] and plans may be 17 adopted by the director for the interchange of data necessary for the application of 18 rating plans. 19 * Sec. 8. AS 21.39.130(d) is amended to read: 20 (d) The director may adopt [REASONABLE] regulations necessary to carry 21 out the purposes of this chapter. 22 * Sec. 9. AS 21.55.040(a) is amended to read: 23 (a) The association shall submit to the director a plan of operation and 24 amendments necessary or suitable to assure the fair, reasonable, and equitable 25 administration of the association. The plan of operation and amendments become 26 effective upon approval in writing by the director. If the association fails to submit a 27 suitable plan of operation by December 22, 1992, or, if, at a subsequent time, the 28 association fails to submit suitable amendments to the plan, the director may, after 29 notice and hearing, adopt [REASONABLE] regulations necessary or advisable to 30 carry out [EFFECTUATE] the provisions of this chapter. These regulations shall 31 continue in force until modified by the director or superseded by a plan submitted by
01 the association and approved by the director. 02 * Sec. 10. AS 21.60.020 is amended to read: 03 Sec. 21.60.020. Replacement insurance. By a contract of insurance of 04 property or of any insurable interest in the property, the insurer may, in connection 05 with a special provision or endorsement made a part of the policy, insure the cost of 06 repair or replacement of the property, if damaged or destroyed by a hazard insured 07 against, and without deduction of depreciation, subject to [REASONABLE] 08 regulations that may be adopted by the director. 09 * Sec. 11. AS 21.80.070(a) is amended to read: 10 (a) The association shall submit to the director a plan of operation and any 11 amendments necessary or suitable to assure the fair, reasonable, and equitable 12 administration of the association. The plan of operation and amendments become 13 effective upon approval in writing by the director. If the association fails to submit 14 suitable amendments to the plan, the director shall, after notice and hearing, adopt 15 [REASONABLE] regulations necessary or advisable to carry out [EFFECTUATE] 16 the provisions of this chapter. These regulations shall continue in force until modified 17 by the director or superseded by a plan submitted by the association and approved by 18 the director. 19 * Sec. 12. AS 26.05.320(a) is amended to read: 20 (a) A general court-martial of the Alaska National Guard or the Alaska Naval 21 Militia shall be convened only by order of the governor. A general court-martial may 22 try any person subject to the military code of Alaska for a crime made punishable by 23 the military laws of the United States and the state, and may impose fines not 24 exceeding $200, sentence forfeiture of pay and allowances, reprimand, give bad 25 conduct discharges, dismiss or dishonorably discharge from the service, reduce 26 noncommissioned officers in rank, and confine in a jail or guardhouse for a period not 27 exceeding 60 days. Any two or more punishments may be combined in the sentence 28 imposed by the court. The procedure by which a general court-martial shall function in 29 view of the state's lack of manpower, and shortage of places of confinement and 30 finances, shall be in compliance with [REASONABLE] regulations [,] adjusted to the 31 peculiar characteristics of the state. The regulations shall be formulated by the adjutant
01 general, drafted by the staff judge advocate, and approved by the governor. 02 * Sec. 13. AS 38.05.020(b) is amended to read: 03 (b) The commissioner may 04 (1) establish reasonable procedures and adopt [REASONABLE] 05 regulations necessary to carry out this chapter and, whenever necessary, issue 06 directives or orders to the director to carry out specific functions and duties; 07 regulations adopted by the commissioner shall be adopted under AS 44.62 08 (Administrative Procedure Act); orders by the commissioner classifying land, issued 09 after January 3, 1959, are not required to be adopted under AS 44.62 (Administrative 10 Procedure Act); 11 (2) enter into agreements considered necessary to carry out the 12 purposes of this chapter, including agreements with federal and state agencies; 13 (3) review any order or action of the director; 14 (4) exercise the powers and do the acts necessary to carry out the 15 provisions and objectives of this chapter; 16 (5) notwithstanding the provisions of any other section of this chapter, 17 grant an extension of the time within which payments due on any exploration license, 18 lease, or sale of state land, minerals, or materials may be made, including payment of 19 rental and royalties, on a finding that compliance with the requirements is or was 20 prevented by reason of war, riots, or acts of God; 21 (6) classify tracts for agricultural uses; 22 (7) after consulting with the Board of Agriculture and Conservation 23 (AS 03.09.010), waive, postpone, or otherwise modify the development requirements 24 of a contract for the sale of agricultural land if 25 (A) the land is inaccessible by road; or 26 (B) transportation, marketing, and development costs render 27 the required development uneconomic; 28 (8) reconvey or relinquish land or an interest in land to the federal 29 government if 30 (A) the land is described in an amended application for an 31 allotment under 43 U.S.C. 1617; and
01 (B) the reconveyance or relinquishment is 02 (i) for the purposes provided in 43 U.S.C. 1617; and 03 (ii) in the best interests of the state; 04 (9) lead and coordinate all matters relating to the state's review and 05 authorization of resource development projects; 06 (10) exercise the powers and do the acts necessary to carry out the 07 provisions and objectives of AS 43.90 that relate to this chapter. 08 * Sec. 14. AS 38.05.820(b)(6) is amended to read: 09 (6) Each home rule city and city of the first class receiving 10 conveyances shall by ordinance provide for [REASONABLE] regulations governing 11 the filing and processing of applications, publication of notices, and [THE] 12 adjudication of disputes between claimants by the governing body of the home rule 13 cities and cities of the first class. A party aggrieved by its determination may appeal to 14 the superior court. 15 * Sec. 15. AS 38.10.050 is amended to read: 16 Sec. 38.10.050. Regulations and procedures. The commissioner of natural 17 resources, upon recommendation of the director, may establish reasonable procedures 18 and adopt [REASONABLE] regulations necessary to carry out this chapter. 19 * Sec. 16. AS 39.25.080(b) is amended to read: 20 (b) The following information is available for public inspection, subject to 21 [REASONABLE] regulations on the time and manner of inspection: 22 (1) the names and position titles of all state employees; 23 (2) the position held by a state employee; 24 (3) prior positions held by a state employee; 25 (4) whether a state employee is in the classified, partially exempt, or 26 exempt service; 27 (5) the dates of appointment and separation of a state employee; 28 (6) the compensation authorized for a state employee; and 29 (7) whether a state employee has been dismissed or disciplined for a 30 violation of AS 39.25.160(l) (interference or failure to cooperate with the Legislative 31 Budget and Audit Committee).
01 * Sec. 17. AS 41.21.302(h) is amended to read: 02 (h) Nothing in AS 41.21.300 - 41.21.306 precludes the use of or access to land 03 proximately located to a marine park unit of the Alaska state park system or to mineral 04 claims and leases. The commissioner shall permit adequate and feasible access across 05 state land within a marine park unit of the Alaska state park system to and from 06 private and public land within or outside a unit. In the granting of that [SUCH] access, 07 the commissioner may adopt [REASONABLE] regulations to protect the natural and 08 other values of the marine park unit land and water. 09 * Sec. 18. AS 41.21.616 is amended to read: 10 Sec. 41.21.616. Regulations. The department shall consult with the 11 Department of Fish and Game, the United States Fish and Wildlife Service, a local 12 governing body of a municipality, any local fish and game advisory committees, and 13 the Alaska Chilkat Bald Eagle Preserve Advisory Council established by 14 AS 41.21.625 before adopting [ADOPTION OF REASONABLE] regulations 15 governing public use and protection of the Alaska Chilkat Bald Eagle Preserve. The 16 Department of Fish and Game shall consult with the department and the Alaska 17 Chilkat Bald Eagle Preserve Advisory Council in proposing regulations governing fish 18 and game management in the Alaska Chilkat Bald Eagle Preserve for adoption by the 19 Board of Fisheries or the Board of Game. The Department of Fish and Game and the 20 department shall cooperate with the United States Fish and Wildlife Service in its 21 administration of federal law governing the conservation of bald eagles. 22 * Sec. 19. AS 42.05.291(c) is amended to read: 23 (c) The commission may, upon its own motion or upon complaint, after 24 providing reasonable notice and opportunity for hearing, adopt as to service and 25 facilities, including the crossing of facilities, just and reasonable standards, 26 classifications, regulations, and practices to be furnished, imposed, observed, and 27 followed by public utilities; adopt adequate and reasonable standards for the 28 measurement of quantity, quality, pressure, initial voltage, or other conditions 29 pertaining to the supply of the service of public utilities; adopt [REASONABLE] 30 regulations for the examination and testing of the service, and for the measurement of 31 it; adopt or approve [REASONABLE] regulations, specifications, and standards to
01 secure the accuracy of meters and appliances for measurement; and provide for the 02 examination and testing of appliances used for the measurement of a service of a 03 public utility. In doing so, the commission shall conform to the standard practices of 04 the industry. 05 * Sec. 20. AS 42.05.331 is amended to read: 06 Sec. 42.05.331. Standards for measurement. The commission shall establish 07 by regulation adequate, fair, and realistic standards for the measurement of quality, 08 pressure, voltage, or other conditions of utility services and shall prescribe 09 [REASONABLE] regulations for examination and testing of the service and the 10 accuracy of the devices used to measure it. 11 * Sec. 21. AS 43.50.010(b) is amended to read: 12 (b) The department, upon application and payment of the fee, shall issue a 13 license to each manufacturer, distributor, direct-buying retailer, vending machine 14 operator, or buyer. The department shall adopt [REASONABLE] regulations that it 15 considers necessary in respect to the application for and the issuance of licenses. 16 * Sec. 22. AS 43.50.035(c) is amended to read: 17 (c) The department shall adopt [REASONABLE] regulations necessary for the 18 collection of cigarette taxes on cigarette sales or distributions made by a wholesaler- 19 distributor licensee into this state and standards for 20 (1) application and issuance of the license; and 21 (2) refusal to issue the license. 22 * Sec. 23. AS 43.50.040 is amended to read: 23 Sec. 43.50.040. Expiration of licenses. A license issued under AS 43.50.010 24 or 43.50.035 expires on June 30 following the date of issue. If a license is revoked, or 25 the business for which the license is issued changes ownership or the licensee changes 26 the place of business from the premises covered by the license, the licensee shall 27 immediately return the license to the department. If the licensee moves the business to 28 another location in the state, the license shall, upon the payment of a fee of 50 cents, 29 be reissued for the new location for the balance of the unexpired term. Before a license 30 issued under AS 43.50.010 or 43.50.035 expires, the licensee may apply to renew the 31 license for one year from the expiration date of the license. The renewal fee required
01 by AS 43.50.030 must accompany the application. The department shall adopt 02 [REASONABLE] regulations that it considers necessary regarding the renewal of 03 licenses. 04 * Sec. 24. AS 43.50.370 is amended to read: 05 Sec. 43.50.370. Regulations. The department shall adopt under AS 44.62 ( 06 [THE] Administrative Procedure Act) [(AS 44.62) REASONABLE] regulations that it 07 considers necessary to carry out the provisions of AS 43.50.300 - 43.50.390. 08 * Sec. 25. AS 43.50.490(c) is amended to read: 09 (c) The department shall adopt under AS 44.62 (Administrative Procedure 10 Act) [REASONABLE] regulations that it considers necessary to carry out the 11 provisions of AS 43.50.460 - 43.50.495. 12 * Sec. 26. AS 45.75.190(c) is amended to read: 13 (c) The director may adopt [REASONABLE] regulations necessary to assure 14 that amounts of commodity sold are determined in accordance with good commercial 15 practice and are so determined and represented as to be accurate and informative. 16 * Sec. 27. AS 47.05.020(a) is amended to read: 17 (a) The power of the department to adopt regulations includes the power to 18 adopt and enforce [REASONABLE] regulations governing the custody, use, and 19 preservation of the records, papers, files, and communications of the department. The 20 regulations must provide that financial information concerning an eligibility 21 determination of a person applying for or receiving cash assistance, a diversion 22 payment, or self-sufficiency services under the Alaska temporary assistance program 23 shall be disclosed to a legislator on request of the legislator in connection with official 24 purposes within the scope of the legislator's legislative functions and related to the 25 administration of the program consistent with federal law. When, under the law, 26 names and addresses of recipients of public assistance are furnished to or held by 27 another agency or department of government, the agency or department of government 28 shall adopt regulations necessary to prevent the publication of the lists or their use for 29 purposes not directly connected with the administration of public assistance and 30 legislative functions. A legislator to whom information relating to the Alaska 31 temporary assistance program is disclosed under this section may not further disclose
01 the information except to another legislator and then only in connection with official 02 purposes within each legislator's legislative functions and related to the administration 03 of the program consistent with federal law.