Legislature(2011 - 2012)CAPITOL 106
03/22/2011 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB169 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 169 | TELECONFERENCED | |
| += | HB 88 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 22, 2011
8:07 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Peggy Wilson
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 169
"An Act relating to the review of proposed regulations by the
Legislative Affairs Agency; and providing for an effective
date."
- MOVED OUT OF COMMITTEE
HOUSE BILL NO. 88
"An Act prohibiting a court, arbitrator, mediator,
administrative agency, or enforcement authority from applying a
law, rule, or provision of an agreement that violates an
individual's right under the Constitution of the State of Alaska
or the United States Constitution."
- BILL HEARING RESCHEDULED TO 3/24/11
PREVIOUS COMMITTEE ACTION
BILL: HB 169
SHORT TITLE: LAA REVIEW OF PROPOSED REGULATIONS
SPONSOR(s): JUDICIARY
02/23/11 (H) READ THE FIRST TIME - REFERRALS
02/23/11 (H) JUD
02/23/11 (H) STA REFERRAL ADDED BEFORE JUD
03/15/11 (H) STA AT 8:00 AM CAPITOL 106
03/15/11 (H) Heard & Held
03/15/11 (H) MINUTE(STA)
03/17/11 (H) STA AT 8:00 AM CAPITOL 106
03/17/11 (H) Scheduled But Not Heard
03/22/11 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SARAH MUNSON, Staff
Representative Carl Gatto
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 169 on behalf of the House
Judiciary Committee, sponsor, on which Representative Gatto is
chair.
LISA KIRSCH, Drafting Attorney
Legislative Legal and Research Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
169.
DEBORAH BEHR, Chief Assistant Attorney General/Statewide Section
Supervisor
Legislation & Regulations Section
Civil Division (Juneau)
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Provided comment during the hearing on HB
169.
STEVE WEAVER, Assistant Attorney General
Legislation & Regulations Section
Civil Division (Juneau)
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Provided comment during the hearing on HB
169.
ACTION NARRATIVE
8:07:22 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Keller, Seaton,
P. Wilson, Petersen, and Lynn were present at the call to order.
Representatives Johansen and Gruenberg arrived as the meeting
was in progress.
HB 169-LAA REVIEW OF PROPOSED REGULATIONS
8:07:33 AM
CHAIR LYNN announced that the only order of business was HOUSE
BILL NO. 169, "An Act relating to the review of proposed
regulations by the Legislative Affairs Agency; and providing for
an effective date."
8:08:03 AM
SARAH MUNSON, Staff, Representative Carl Gatto, Alaska State
Legislature, reviewed the intent of HB 169 on behalf of the
House Judiciary Standing Committee, sponsor, on which
Representative Gatto is chair. She said the bill would allow
"legislative council" and standing committees, who are currently
allowed to request a legislative review from Legislative Legal
and Research Services, to receive the results of that review.
The bill would also allow the prime sponsor of the legislation
that instigated the need for a regulation to see the result of
the regulatory review.
MS. MUNSON recollected that during the previous hearing on HB
169, Representative Seaton had expressed concern regarding the
phrase "newly enacted", on page 1, line 8. She offered her
understanding that Legislative Legal and Research Services is
hesitant to define that term, because a "hard and fast"
definition in HB 169 "may affect the other portions in the
statute where it's used for their priority planning." She said
the bill sponsor is willing to remove the phrase "newly enacted"
from both places it appears in the bill, on page 1, line 8, and
on page 2, line 3.
8:10:37 AM
MS. MUNSON said HB 169 would change statute so that Legislative
Legal and Research Services is allowed to share a verdict of "no
problem" upon completion of a regulatory review.
8:12:21 AM
REPRESENTATIVE SEATON said removing ["newly enacted"] from the
language of the bill would broaden the legislation. He then
pointed out language on page 2, lines 5-6, which would require
the assigned attorney to notify the prime sponsor, and he noted
that that would only be if the proposed regulations fail to meet
certain standards. He expressed concern that that requirement
may burden Legislative Legal and Research Services. He said he
would not be offering an amendment to remove the phrase "newly
enacted".
8:14:24 AM
MS. MUNSON, in response to Representative P. Wilson, noted that
a two-page document showing the text of AS 24.20.105 was
available [in the committee packet].
8:15:40 AM
The committee took an at-ease from 8:15 a.m. to 8:17 a.m.
8:18:41 AM
REPRESENTATIVE GRUENBERG offered his understanding that HB 169
would allow communication with legal counsel and certain other
individuals named in bill, despite a general confidentiality
requirement, and he asked if that would necessitate an indirect
court rule amendment and "require that that be in the title and
in the body with a two-thirds vote."
8:20:13 AM
LISA KIRSCH, Drafting Attorney, Legislative Legal and Research
Services, Legislative Affairs Agency, said she does not believe
a court amendment would be necessary under HB 169. She
indicated that the bill simply adds a previously overlooked
ability for Legislative Legal and Research Services to report
back to all those who are able to request reviews.
REPRESENTATIVE GRUENBERG asked Ms. Kirsch to provide a written
legal opinion to that effect.
8:22:24 AM
DEBORAH BEHR, Chief Assistant Attorney General/Statewide Section
Supervisor, Legislation & Regulations Section, Civil Division
(Juneau), Department of Law (DOL), concurred with Ms. Kirsch's
analysis.
8:22:31 AM
STEVE WEAVER, Assistant Attorney General, Legislation &
Regulations Section, Civil Division (Juneau), Department of Law
(DOL), said he also concurs with Ms. Kirsch's analysis.
8:23:02 AM
REPRESENTATIVE SEATON, regarding confidentiality, asked for
confirmation that anyone receiving the results of a regulatory
review from Legislative Legal and Research Services would be
free to release the information to anyone.
8:23:49 AM
MS. KIRSCH stated her belief that that is generally true, except
that a person may need to be the chair of the committee or have
the concurrence of the members of the committee [before
releasing such information]. In response to a follow-up
question, she stated her belief that HB 169 would not alter the
rules regarding memorandums. She said when an individual makes
a request, he/she is the holder of the confidentiality; when a
committee chair makes a request, that chair's committee is the
holder of the confidentiality.
8:26:19 AM
REPRESENTATIVE SEATON directed attention to language on page 2,
beginning on line [5], which read as follows:
"the assigned attorney shall also notify the prime
sponsor, in writing, if the proposed regulations fail
to meet the standards set out in (d) of this section."
REPRESENTATIVE SEATON noted that subsection (d) addresses
constitutionality and statutory [authority]. He said currently
that information is communicated to the chair of the Joint
Administrative Regulation Review Committee and may be held in
confidence through a committee decision, and under HB 169, the
prime sponsor of the legislation connected to the regulations
will receive the feedback, and there will be no obligation for
the committee to maintain the confidentiality of that legal
opinion. He asked Ms. Kirsch to confirm that is what she is
saying.
MS. KIRSCH answered yes, in general. She added that what she is
also saying is that she does not think that is a departure from
existing confidentiality rules. She reiterated that when an
individual makes a request, he/she is the holder of the
confidentiality, and when a committee chair makes a request,
that chair's committee is the holder of the confidentiality.
She added that in general, when she gives anyone legal advice,
she encourages him/her to maintain that confidentiality unless
there is good reason to release a document, because the
information cannot be made confidential again once it has been
released.
REPRESENTATIVE SEATON clarified that he is looking for
confirmation that under HB 169, those who have not requested the
review, but will receive its results, would not be bound by
committee standards and may release the information without any
violation of terms.
MS. KIRSCH confirmed that is correct.
8:31:02 AM
MS. MUNSON, in response to Representative Gruenberg, said under
HB 169, the lawyer who finds fault with a regulation during a
review would have to report that finding to all the prime
sponsors involved in the legislation on which the regulation was
based. In response to a follow-up suggestion, she said she does
not think the sponsor of HB 169 would have a problem with
changing "the prime sponsor" to "each prime sponsor".
8:37:44 AM
REPRESENTATIVE JOHANSEN expressed concern about the use of the
words "may" and "shall" within HB 169 and asked for further
clarification regarding confidentiality.
8:40:20 AM
MS. MUNSON said reviews are conducted by Legislative Legal and
Research Services all the time with or without a request. She
offered her understanding that if a legislator requests a
review, that request is kept confidential by Legislative Legal
and Research Services, even from other legislators. She
clarified that although the sponsor of the legislation would be
told if there was a problem with a review, he/she would not be
told the name of any other legislator who had requested the
review.
8:41:27 AM
MS. KIRSCH said Ms. Munson is essentially correct, but added
that it would depend on how the request "came in." She
explained that if a request for an opinion was made, then the
memorandum ("memo") that results would be confidential to the
requester and "would not be part of this process." She
continued:
If the memo comes as a product of the ordinary course
of reviewing all newly enacted regulations that are
proposed, then it would, in fact, go to the people on
the list on page 2.
REPRESENTATIVE JOHANSEN ventured that at some point the prime
sponsor of the legislation is going to be informed that another
legislator had problems with how the regulations related to the
legislation were being implemented.
8:43:18 AM
REPRESENTATIVE KELLER said he is ready to move the bill.
8:43:48 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
8:43:57 AM
REPRESENTATIVE GRUENBERG paraphrased the paragraph on
applicability, [on page 2, lines 13-16], which read as follows:
APPLICABILITY. This Act applies to review of
proposed regulations under AS 24.20.105 pending with
the Legislative Affairs Agency on the effective date
of this Act for which the public comment period has
not expired, regardless of when the notice of proposed
regulations was received by the Legislative Affairs
Agency.
REPRESENTATIVE GRUENBERG asked Ms. Kirsch if Legislative Legal
and Research Services receives regulations prior to the
expiration of the public comment period.
MS. KIRSCH answered yes.
8:44:48 AM
REPRESENTATIVE SEATON said he would like the next committee of
referral to carefully consider the "expansion of the
confidentiality" and whether that will require any changes to
"our procedures or system." He said other than that he is
comfortable moving the bill out of committee.
8:45:26 AM
REPRESENTATIVE GRUENBERG requested that Representative Seaton
speak with him about his concerns.
8:45:48 AM
REPRESENTATIVE KELLER asked Ms. Kirsch to clarify for the House
Judiciary Standing Committee the meaning of "prime co-sponsor".
8:46:26 AM
REPRESENTATIVE JOHANSEN stated that the regulation process is
frustrating for a lot of people, but said he likes the concept
of contacting the sponsor of the bill when something goes wrong
in relation to that bill.
8:47:32 AM
REPRESENTATIVE KELLER moved to report HB 169 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 169 was reported out of the
House State Affairs Standing Committee.
8:48:22 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 8:48
a.m.
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