Legislature(1997 - 1998)
1997-04-01 House Journal
Full Journal pdf1997-04-01 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