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Enrolled HB 168: Relating to regulation notice and review by the legislature; and relating to the Administrative Regulation Review Committee.

00 Enrolled HB 168                                                                                                         
01 Relating to regulation notice and review by the legislature; and relating to the Administrative                         
02 Regulation Review Committee.                                                                                            
03                           _______________                                                                               
04    * Section 1. AS 16.43.120(b) is amended to read:                                                                     
05            (b)  AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] and 44.62.640 apply                               
06       to regulations adopted by the commission.                                                                         
07    * Sec. 2. AS 18.56.088(a) is amended to read:                                                                        
08            (a)  Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), AS 44.62                                       
09       (Administrative Procedure Act) does not apply to this chapter. The corporation shall                              
10 make available to members of the public copies of the regulations adopted under (b) -                                   
11 (e) of this section. [WITHIN 45 DAYS AFTER ADOPTION, THE CHAIRMAN OF                                                    
12 THE BOARD SHALL SUBMIT A REGULATION ADOPTED UNDER (b) - (e) OF                                                          
13 THIS SECTION TO THE CHAIRMAN OF THE ADMINISTRATIVE                                                                      
14       REGULATION REVIEW COMMITTEE UNDER AS 24.20.400 - 24.20.460.]                                                      
01    * Sec. 3. AS 24.05.182(a) is amended to read:                                                                        
02 (a)  A standing committee of the legislature may, consistent with the                                                 
03 committee's jurisdiction as provided in the uniform rules of the legislature,                                         
04 [FURNISHED NOTICE OF A PROPOSED ACTION UNDER AS 44.62.190                                                               
05 SHALL] review a [THE] proposed or adopted regulation, amendment of a regulation,                                    
06 or repeal of a regulation [BEFORE THE DATE THE REGULATION IS                                                            
07 SCHEDULED BY THE DEPARTMENT OR AGENCY TO BE ADOPTED,                                                                    
08       AMENDED, OR REPEALED].                                                                                            
09    * Sec. 4. AS 24.08.060(b) is amended to read:                                                                        
10 (b)  Bills introduced by the legislative council shall be delivered with a letter of                                    
11 explanation to the rules committee of either house and bear the inscription "Rules                                      
12 Committee by Request of the Legislative Council"; [BILLS INTRODUCED BY THE                                              
13 ADMINISTRATIVE REGULATION REVIEW COMMITTEE SHALL BE                                                                     
14 DELIVERED WITH A LETTER OF EXPLANATION TO THE RULES                                                                     
15 COMMITTEE OF EITHER HOUSE AND BEAR THE INSCRIPTION "RULES                                                               
16 COMMITTEE BY REQUEST OF THE ADMINISTRATIVE REGULATION                                                                   
17 REVIEW COMMITTEE";] bills introduced by the Legislative Budget and Audit                                                
18 Committee shall be delivered with a letter of explanation to the rules committee of                                     
19 either house and bear the inscription "Rules Committee by Request of the Legislative                                    
20 Budget and Audit Committee"; bills [COMMITTEE." BILLS] presented by the                                               
21 governor shall be delivered with a letter to the rules committee of either house and                                    
22 bear the inscription "Rules Committee by Request of the Governor"; bills so presented                                   
23 and inscribed shall be received as bills carrying the approval of the governor as to                                    
24 policy and budget impact. The governor may submit a statement of purpose and effect                                     
25 with each bill and appear personally or through a representative before any committee                                   
26       considering legislation.                                                                                          
27    * Sec. 5. AS 26.27.110(b) is amended to read:                                                                        
28 (b)  Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), the provisions                                            
29 of AS 44.62 (Administrative Procedure Act) regarding the adoption of regulations do                                     
30 not apply to the corporation. The corporation shall make available to members of the                                    
31 public copies of the regulations adopted under this section. [WITHIN 45 DAYS                                            
01 AFTER ADOPTION OF A REGULATION UNDER THIS SECTION, THE CHAIR                                                            
02 OF THE CORPORATION SHALL SUBMIT THE REGULATION ADOPTED TO                                                               
03 THE CHAIR OF THE ADMINISTRATIVE REGULATION REVIEW                                                                       
04       COMMITTEE UNDER AS 24.20.400 - 24.20.460.]                                                                        
05    * Sec. 6. AS 30.17.120 is amended to read:                                                                           
06            Sec. 30.17.120. Administrative procedure. The provisions of the                                              
07       Administrative Procedure Act regarding the adoption of regulations under                                          
08       AS 44.62.040 - 44.62.319 [AS 44.62.040 - 44.62.320] apply to the authority.                                     
09    * Sec. 7. AS 31.25.130(a) is amended to read:                                                                        
10 (a)  Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), AS 44.62                                                  
11 (Administrative Procedure Act) does not apply to this chapter. The corporation shall                                    
12 make available to members of the public copies of the regulations adopted under (b) -                                   
13 (e) of this section. [WITHIN 45 DAYS AFTER ADOPTION, THE CHAIR OF THE                                                   
14 BOARD SHALL SUBMIT A REGULATION ADOPTED UNDER (b) - (e) OF THIS                                                         
15 SECTION TO THE CHAIR OF THE ADMINISTRATIVE REGULATION REVIEW                                                            
16       COMMITTEE UNDER AS 24.20.400 - 24.20.460.]                                                                        
17    * Sec. 8. AS 37.13.206(g) is amended to read:                                                                        
18 (g)  A regulation adopted under this section takes effect immediately upon its                                          
19 adoption by the board or at another time specified in the order of adoption. The                                        
20 regulation shall be submitted to the lieutenant governor for publication in the Alaska                                  
21 Administrative Code and Register. [WITHIN 45 DAYS AFTER ADOPTION OF A                                                   
22 REGULATION UNDER THIS SECTION, THE CORPORATION SHALL                                                                    
23 PROVIDE A COPY OF THE ADOPTED REGULATION TO THE CHAIR OF THE                                                            
24       ADMINISTRATIVE REGULATION REVIEW COMMITTEE (AS 24.20.400).]                                                       
25    * Sec. 9. AS 38.35.190(a) is amended to read:                                                                        
26 (a)  AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320], 44.62.640, and                                            
27 44.62.950 apply to regulations adopted by the commissioner under the authority of                                       
28       this chapter.                                                                                                     
29    * Sec. 10. AS 42.40.920(b) is amended to read:                                                                       
30 (b)  Unless specifically provided otherwise in this chapter, the following laws                                         
31       do not apply to the operations of the corporation:                                                                
01                 (1)  AS 19;                                                                                             
02                 (2)  AS 30.15;                                                                                          
03                 (3)  AS 35;                                                                                             
04                 (4)  AS 36.30, except as specifically provided in that chapter;                                         
05                 (5)  AS 37.05, except as specifically provided in AS 37.05.210;                                         
06                 (6)  AS 37.07;                                                                                          
07                 (7)  AS 37.10.010 - 37.10.060;                                                                          
08                 (8)  AS 37.10.085;                                                                                      
09                 (9)  AS 37.20;                                                                                          
10                 (10)  AS 37.25;                                                                                         
11                 (11)  AS 38;                                                                                            
12                 (12)  AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320].                                            
13    * Sec. 11. AS 44.62.020 is amended to read:                                                                          
14 Sec. 44.62.020. Authority to adopt, administer, or enforce regulations.                                                 
15 Except for the authority conferred on [UPON] the lieutenant governor in                                               
16 AS 44.62.130 - 44.62.170, AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] do                                      
17 not confer authority on [UPON] or augment the authority of a state agency to adopt,                                   
18 administer, or enforce a regulation. To be effective, each regulation adopted must be                                   
19 within the scope of authority conferred and in accordance with standards prescribed by                                  
20       other provisions of law.                                                                                          
21    * Sec. 12. AS 44.62.040(c) is amended to read:                                                                       
22 (c)  Before submitting the regulations and orders of repeal to the lieutenant                                           
23 governor under (a) of this section, every state agency that by statute possesses                                        
24 regulation making authority, except the Regulatory Commission of Alaska, the Board                                      
25 of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission,                                        
26 the office of victims' rights, and the office of the ombudsman, shall submit to the                                     
27 governor for review a copy of every regulation or order of repeal adopted by the                                        
28 agency, except regulations and orders of repeal identified in (a)(1) and (2) of this                                    
29 section. The governor may review the regulations and orders of repeal received under                                    
30 this subsection. The governor may return the regulations and orders of repeal to the                                    
31 adopting agency before they are submitted to the lieutenant governor for filing under                                   
01 (a) of this section within 30 days [(1)] if they are inconsistent with the faithful                                     
02 execution of the laws [, OR (2) TO ENABLE THE ADOPTING AGENCY TO                                                        
03 RESPOND TO SPECIFIC ISSUES RAISED BY THE ADMINISTRATIVE                                                                 
04 REGULATION REVIEW COMMITTEE]. The governor may not delegate the                                                         
05 governor's review authority under this subsection to a person other than the lieutenant                                 
06       governor.                                                                                                         
07    * Sec. 13. AS 44.62.190(a) is amended to read:                                                                       
08            (a)  At least 30 days before the adoption, amendment, or repeal of a regulation,                             
09       notice of the proposed action shall be                                                                            
10 (1)  published in the newspaper of general circulation or trade or                                                      
11 industry publication that the state agency prescribes and posted on the Alaska Online                                   
12 Public Notice System; in the discretion of the state agency giving the notice, the                                      
13 requirement of publication in a newspaper or trade or industry publication may be                                       
14 satisfied by using a combination of publication and broadcasting; when broadcasting                                     
15 the notice, an agency may use an abbreviated form of the notice if the broadcast                                        
16 provides the name and date of the newspaper or trade or industry journal and the                                        
17 Internet address of the Alaska Online Public Notice System where the full text of the                                   
18       notice can be found;                                                                                              
19 (2)  furnished to every person who has filed a request for notice of                                                    
20       proposed action with the state agency;                                                                            
21 (3)  if the agency is within a department, furnished to the commissioner                                                
22       of the department;                                                                                                
23                 (4)  when appropriate in the judgment of the agency,                                                    
24 (A)  furnished to a person or group of persons whom the agency                                                          
25            believes is interested in the proposed action; and                                                           
26 (B)  published in the additional form and manner the state                                                              
27            agency prescribes;                                                                                           
28 (5)  furnished to the Department of Law together with a copy of the                                                     
29 proposed regulation, amendment, or order of repeal for the department's use in                                          
30       preparing the opinion required after adoption and before filing by AS 44.62.060;                                  
31 (6)  furnished by electronic format to all incumbent State of Alaska                                                    
01       legislators [, AND FURNISHED TO THE LEGISLATIVE AFFAIRS AGENCY;                                                   
02                 (7)  FURNISHED BY ELECTRONIC FORMAT, ALONG WITH A                                                       
03       COPY OF THE PROPOSED REGULATION, AMENDMENT, OR ORDER OF                                                           
04       REPEAL, AS REQUIRED BY AS 24.20.105(c)].                                                                          
05    * Sec. 14. AS 44.62.245(c) is amended to read:                                                                       
06            (c)  The state agency shall also send the notice described in (b)(2) of this                                 
07       section to                                                                                                        
08                 (1)  a person who has placed the person's name on a distribution list                                   
09       kept by the agency that lists persons who want to receive the notice; the agency may                              
10 allow a person to request that distribution of the notice be by electronic means and                                    
11       shall honor that request if appropriate means are available; and                                                
12                 (2)  the regulations attorney in the Department of Law [; AND                                           
13 (3)  THE MEMBERS OF THE ADMINISTRATIVE REGULATION                                                                       
14       REVIEW COMMITTEE].                                                                                                
15    * Sec. 15. AS 44.62.290(a) is amended to read:                                                                       
16 (a)  AS 44.62.180 - 44.62.290 do not apply to a regulation not required to be                                           
17 submitted to the lieutenant governor under AS 44.62.010 - 44.62.319 [AS 44.62.010 -                                   
18       44.62.320].                                                                                                       
19    * Sec. 16. AS 44.62.300(a) is amended to read:                                                                       
20 (a)  An interested person may get a judicial declaration on the validity of a                                           
21 regulation by bringing an action for declaratory relief in the superior court. In addition                              
22       to any other ground the court may declare the regulation invalid                                                  
23 (1)  for a substantial failure to comply with AS 44.62.010 - 44.62.319                                                
24       [AS 44.62.010 - 44.62.320]; or                                                                                    
25 (2)  in the case of an emergency regulation or order of repeal, upon the                                                
26 ground that the facts recited in the statement do not constitute an emergency under                                     
27       AS 44.62.250.                                                                                                     
28    * Sec. 17. AS 44.62.640(a) is amended to read:                                                                       
29 (a)  In AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320], unless the                                               
30       context otherwise requires,                                                                                       
31 (1)  "lieutenant governor" means the office of the lieutenant governor in                                               
01 the executive branch of the state government, or another agency designated by                                           
02       executive order under the constitution;                                                                           
03 (2)  "order of repeal" means a resolution, order, or other official act of a                                            
04       state agency that expressly repeals a regulation in whole or in part;                                             
05 (3)  "regulation" means every rule, regulation, order, or standard of                                                   
06 general application or the amendment, supplement, or revision of a rule, regulation,                                    
07 order, or standard adopted by a state agency to implement, interpret, or make specific                                  
08 the law enforced or administered by it, or to govern its procedure, except one that                                     
09 relates only to the internal management of a state agency; "regulation" does not                                        
10 include a form prescribed by a state agency or instructions relating to the use of the                                  
11 form, but this provision is not a limitation on [UPON] a requirement that a regulation                                
12 be adopted under this chapter when one is needed to implement the law under which                                       
13 the form is issued; "regulation" includes "manuals," "policies," "instructions," "guides                                
14 to enforcement," "interpretative bulletins," "interpretations," and the like, that have the                             
15 effect of rules, orders, regulations, or standards of general application, and this and                                 
16 similar phraseology may not be used to avoid or circumvent this chapter; whether a                                      
17 regulation, regardless of name, is covered by this chapter depends in part on whether it                                
18       affects the public or is used by the agency in dealing with the public;                                           
19 (4)  "state agency" means a department, office, agency, or other                                                        
20 organizational unit of the executive branch, except one expressly excluded by law, but                                  
21 does not include an agency in the judicial or legislative branches of the state                                         
22       government.                                                                                                       
23    * Sec. 18. AS 44.62.710(a) is amended to read:                                                                       
24 (a)  The purpose of AS 44.62.710 - 44.62.800 is to establish a framework for                                            
25 the conduct of negotiated regulation making consistent with AS 44.62.010 - 44.62.319                                  
26 [AS 44.62.010 - 44.62.320]. Negotiated regulation making is not a substitute for the                                    
27 requirements of AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] but may be                                        
28 used as a supplemental procedure to permit the direct participation of affected interests                               
29 in the development of new regulations or the amendment or repeal of existing                                            
30 regulations. A consensus agreement reached by a negotiated regulation making                                            
31 committee may be modified by an agency head as a result of the subsequent regulation                                    
01       making process. AS 44.62.710 - 44.62.800 may not be construed as an attempt to limit                              
02       innovation and experimentation with the negotiated regulation making process or to                                
03       limit other means to obtain public participation in the regulation making process.                                
04    * Sec. 19. AS 44.62.720(a) is amended to read:                                                                       
05 (a)  In addition to the regulation adoption requirements under AS 44.62.010 -                                         
06 44.62.319 [AS 44.62.010 - 44.62.320], an agency head may determine that the use of a                                  
07 negotiated regulation making committee to negotiate and develop a proposed                                              
08 regulation is in the public interest. In making that determination, the agency head is                                  
09       advised to consider whether                                                                                       
10 (1)  there is a need for a regulation, including whether any legal action                                               
11       is pending that might resolve the need;                                                                           
12 (2)  there are a limited number of identifiable interests that are held by                                              
13       more than one person and that will be significantly affected by the regulation;                                   
14 (3)  there is a reasonable likelihood that a committee can be convened                                                  
15       with a balanced representation of persons who                                                                     
16 (A)  can adequately represent the interests identified under (2)                                                        
17            of this section; and                                                                                         
18 (B)  are willing to negotiate in good faith to reach a consensus                                                        
19            on the proposed regulation;                                                                                  
20 (4)  there is a reasonable likelihood that a committee will reach a                                                     
21       consensus on the proposed regulation within a fixed period of time;                                               
22 (5)  the negotiated regulation making procedure will not unreasonably                                                   
23       delay the adoption of the final regulation;                                                                       
24 (6)  the agency has adequate resources and is willing to commit those                                                   
25       resources, including technical assistance, to the committee; and                                                  
26 (7)  the agency head, to the maximum extent possible consistent with                                                    
27 the legal or other obligations of the agency, will use the consensus of the committee as                                
28 the basis for the regulation proposed by the agency under AS 44.62.010 - 44.62.319                                    
29       [AS 44.62.010 - 44.62.320].                                                                                       
30    * Sec. 20. AS 44.62.740(e) is amended to read:                                                                       
31 (e)  A negotiated regulation making committee terminates upon adoption under                                            
01 AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] of the final regulation under                                     
02       consideration unless the agency head specifies an earlier termination date.                                       
03    * Sec. 21. AS 44.62.790 is amended to read:                                                                          
04 Sec. 44.62.790. Relationship to other requirements. The negotiated                                                      
05 regulation making authorized by AS 44.62.710 - 44.62.800 is in addition to the                                          
06 procedures required under AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] for                                     
07 adopting, amending, or repealing regulations, and, if an agency head decides to use                                     
08 negotiated regulation making, the negotiated regulation making shall, where possible,                                   
09 occur before the procedures under AS 44.62.010 - 44.62.319 [AS 44.62.010 -                                            
10       44.62.320] begin.                                                                                                 
11    * Sec. 22. AS 44.88.085(a) is amended to read:                                                                       
12 (a)  Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), the provisions                                            
13 of the Administrative Procedure Act regarding the adoption of regulations                                               
14 (AS 44.62.040 - 44.62.319) [(AS 44.62.040 - 44.62.320)] do not apply to the                                           
15 authority. The authority shall make available to members of the public copies of the                                    
16 regulations adopted under this section. [WITHIN 45 DAYS AFTER ADOPTION OF                                               
17 A REGULATION UNDER THIS SECTION, THE CHAIRMAN OF THE                                                                    
18 AUTHORITY SHALL SUBMIT THE REGULATION ADOPTED TO THE                                                                    
19 CHAIRMAN OF THE ADMINISTRATIVE REGULATION REVIEW                                                                        
20       COMMITTEE UNDER AS 24.20.400 - 24.20.460.]                                                                        
21    * Sec. 23. AS 24.05.182(b), 24.05.182(c), 24.05.182(d); AS 24.08.035(f)(2); AS 24.20.105,                            
22 24.20.400, 24.20.410, 24.20.420, 24.20.430, 24.20.440, 24.20.445, 24.20.450, 24.20.460;                                 
23 AS 40.25.120(a)(11); and AS 44.62.320 are repealed.