Legislature(1997 - 1998)

1997-04-01 House Journal

Full Journal pdf

1997-04-01                     House Journal                      Page 0898
HB 221                                                                       
HOUSE BILL NO. 221 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
An Act relating to the Alaska Administrative Journal; relating to             
public notices of state agencies; and relating to material                     
incorporated by reference in regulations and to the content and                
furnishing of regulation notices under the Administrative                      
Procedure Act.                                                                 
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor/All Depts., 4/1/97                    
                                                                               
                                                                               
The Governor's transmittal letter, dated March 27, 1997, appears               
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
Among my administrations efforts to find greater efficiencies in state         
government is this bill to simplify the regulatory process.  It proposes       
changes to update the Administrative Procedure Act (APA) which will            
benefit the public by removing some confusion from the regulatory              
process.   These changes acknowledge innovations in the way society            
communicates and government operates.                                          
                                                                               
                                                                               
State regulations often incorporate other materials or documents as            
legal standards, particularly for state agency programs that operate           
under federal law and regulations.  Currently, every time the federal          
government changes its regulations, the state must make corresponding          

1997-04-01                     House Journal                      Page 0899
HB 221                                                                       
changes through full public notice and hearing despite the fact the            
federal changes may have already been through public scrutiny.  This           
process is expensive for the state while also making it difficult to keep      
up with changes in law in a timely manner.  In some cases, such as             
federal shellfish sanitation regulations, this delay in adopting new rules     
can jeopardize the ability of Alaskans to continue to sell their products.     
                                                                               
This bill streamlines the regulation adoption process by allowing              
documents or other material to be adopted by reference in certain              
instances.  This means future amendments to the document can be                
incorporated, but only if the public had the opportunity to comment on         
the changes in another governmental forum or if the legislature                
specifically allows for automatically adopting the future changes.  The        
legislature is already moving in this direction this year with specific        
documents and guidelines used for various Department of Labor                  
regulations.                                                                   
                                                                               
This bill also simplifies and consolidates the publication of public           
notices,  making the process easier for the public to use.  Agencies           
would be allowed to publish notice of proposed regulatory changes              
with a brief general description, perhaps presented as a display ad            
rather than the current lengthy and sometimes difficult to understand          
listings found in the legal classified sections.  The lengthier summary        
would still be available in the Alaska Administrative Journal (AAJ)            
and through mail distribution.  The lieutenant governor could also             
arrange for newspaper space in which all state agency matters                  
involving public notices and meetings could be consolidated.  This will        
lead to easier to understand notices for the public in one prominent           
location in newspapers.                                                        
                                                                               
Finally, this bill discontinues the printed version of the AAJ, limiting       
it to an electronic version only.  The AAJ would continue to include           
summaries of proposed regulation changes, procurement and public               
meeting notices, and other information of public interest required for         
publication.  The printed AAJ currently has only about 50 paying               
subscribers, most of whom reside outside the state.  Eliminating the           
printed version of the AAJ will streamline state government while not          
adversely impacting the quality of the notice provided to interested           
persons.                                                                       
                                                                               

1997-04-01                     House Journal                      Page 0900
HB 221                                                                       
Taken together, the changes proposed in this bill will make the                
regulatory process more efficient and will provide for more effective          
notice to the public.                                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor