2014-03-31                     House Journal                      Page 2105
HB 140                                                                                                                        
The following, which was advanced to third reading from the March                                                               
28, 2014, calendar (page 2081), was read the third time:                                                                        
                                                                                                                                
    CS FOR HOUSE BILL NO. 140(FIN)                                                                                              
    "An Act relating to the proposed adoption, amendment, or repeal                                                             
    of a regulation; and relating to contact with agencies about                                                                
    regulations."                                                                                                               
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
CSHB 140(FIN) be returned to second reading for the specific purpose                                                            
of considering Amendment No. 2.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representatives Josephson,                                                                       
Reinbold, and Costello:                                                                                                         
                                                                                                                                

2014-03-31                     House Journal                      Page 2106
Page 4, lines 6 - 9:                                                                                                            
    Delete all material and insert:                                                                                             
         "(b)  Notwithstanding any other provision of this chapter,                                                             
    after an agency provides a notice of proposed action under                                                                  
    AS 44.62.190, the agency shall make a good faith effort to answer,                                                          
    before the end of the public comment period, a question that is                                                             
    relevant to the proposed action, if the question is received in                                                             
    writing or asked at a public meeting at least 10 days before the end                                                        
    of the public comment period. If a question is received after the                                                           
    10-day cut-off date, the agency may answer the question. When an                                                            
    agency answers a question under this section, the agency shall                                                              
    answer the question in writing and make the question and answer                                                             
    available to the public."                                                                                                   
                                                                                                                                
Page 4, following line 9:                                                                                                       
    Insert a new subsection to read:                                                                                            
         "(c)  Notwithstanding AS 44.62.300, a person may not bring                                                             
    an action in court to challenge the adoption, repeal, or amendment                                                          
    of a regulation by an agency for inaccuracy or insufficiency of the                                                         
   answer to a question provided by the agency under this section."                                                            
                                                                                                                                
Page 5, line 13, following "enacted by sec. 7 of this Act,":                                                                    
    Insert "AS 44.62.213(c), enacted by sec. 7 of this Act,"                                                                    
                                                                                                                                
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 2 was adopted.                                                                                                    
                                                                                                                                
                                                                                                                                
The question being:  "Shall CSHB 140(FIN) am pass the House?"  The                                                              
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 140(FIN) am                                                                                                                
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                                                                               
                                                                                                                                

2014-03-31                     House Journal                      Page 2107
Yeas:  Austerman, Chenault, Costello, Drummond, Edgmon, Feige,                                                                  
Foster, Gara, Gattis, Gruenberg, Guttenberg, Hawker, Herron,                                                                    
Higgins, Holmes, Hughes, Isaacson, Josephson, Kawasaki, Kito III,                                                               
Kreiss-Tomkins, LeDoux, Lynn, Munoz, Nageak, Neuman, Olson,                                                                     
Pruitt, Reinbold, Saddler, Seaton, Stoltze, Tarr, Thompson, Tuck,                                                               
P.Wilson, T.Wilson                                                                                                              
                                                                                                                                
Excused:  Johnson, Keller, Millett                                                                                              
                                                                                                                                
And so, CSHB 140(FIN) am passed the House and was referred to the                                                               
Chief Clerk for engrossment.