Legislature(1997 - 1998)

1997-04-01 Senate Journal

Full Journal pdf

1997-04-01                     Senate Journal                      Page 0918
SB 155                                                                       
SENATE BILL NO. 155 BY THE SENATE 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 and Labor            
and Commerce Committees.                                                       
                                                                               
Zero fiscal note published today from Office of the Governor.                  
                                                                               
Governors transmittal letter dated March 27:                                   
                                                                               
Dear President Miller:                                                         
                                                                               
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  changes through full public notice and hearing despite          

1997-04-01                     Senate Journal                      Page 0919
SB 155                                                                       
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                     Senate Journal                      Page 0920
SB 155                                                                       
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