Legislature(1999 - 2000)
04/20/2000 01:40 PM Senate L&C
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 291-ADMINISTRATIVE PROCEDURE NOTICES
Representative Beth Kerttula, prime sponsor of HB 291, explained
that HB 291 updates the Administrative Procedures Act so that
administrative procedure notices will now be available and
distributed via electronic format to legislative offices. Paper
copies will be distributed upon request.
MS. DEBORAH BEHR, Assistant Attorney General, informed committee
members that the Department of Law sees no legal problems with the
bill and that the Administration supports the measure.
The committee took an at-ease from 1:44 p.m. to 1:46 p.m.
SENATOR LEMAN moved to adopt Amendment 1 which applies to legal
advertising. Currently, the Departments of Natural Resources
(DNR), Environmental Conservation (DEC) and Transportation and
Public Facilities (DOTPF) place full length advertisements in
newspapers. Amendment 1 removes three of the required elements of
legal advertisements because they can be delivered through handouts
to interested parties or via an electronic format.
Amendment 1 allows departments to place advertisements in
newspapers, trade or industry publications or broadcasts that only
include:
AS 44.62.200
(a)(1) a statement of the time, place, and nature of
proceedings for adoption, amendment, or repeal of the
regulation;
(a)(4) other matters prescribed by a statute applicable to the
specific agency or to the specific regulation or class of
regulations; and
(a)(6) a brief general description of the proposed subject of
agency action, how more detailed information may be obtained,
and the name of the agency contact person; (6 is new
language).
The elements dropped from printed or broadcast notices by Amendment
1 are:
AS 44.62.200
(a)(2) reference to the authority under which the regulation
is proposed and a reference to the particular code section or
other provisions of law that are being implemented,
interpreted, or made specific;
(a)(3) an informative summary of the proposed subject of
agency action;
(a)(5) a summary of the fiscal information required to be
prepared under AS 44.62.195.
SENATOR LEMAN indicated that Amendment 1 is an idea that was
proposed by the Administration several years ago. All three
departments support it and, in fact, DOTPF already does it.
Commissioner Shively of DNR told him last week that he would like
to go farther than Amendment 1 to reduce DNR's cost of advertising.
REPRESENTATIVE KERTTULA said she spoke to the Lt. Governor's Office
staff who pointed out that at this point the Administration is in
support of Amendment 1. She noted she supports the general idea of
going toward e-mail and electronic notices but many people in rural
Alaska still depend on newspapers to learn about legal notices.
She cautioned that Alaska is not ready for that step yet. She
added that Amendment 1 will not save money and it would add a
fiscal note to the bill. In addition, Representative Kerttula said
Amendment 1 will prevent the measure from being enacted. For those
reasons she opposes it.
CHAIRMAN MACKIE asked Senator Leman if any other piece of
legislation deals with this topic.
SENATOR LEMAN replied various bills have dealt with this issue and
other committees have amended them but the legislation did not
progress. He was looking for a vehicle that was moving along.
The Committee took a brief at-ease from 1:49 p.m. to 1:54 p.m.
CHAIRMAN MACKIE asked a representative of the Administration to
comment.
MS. DEBORAH BEHR, Assistant Attorney General, said the Lt.
Governor's Office does not support Amendment 1 at this time. The
Administration suggested, in a separate bill a number of years ago,
that this amendment go forward but it generated strong opposition
for several reasons. One reason was a concern that the abbreviated
notices will not contain all of the information so those who depend
on newspaper advertisements will not get that information. Also,
when one looks at the cost of display advertisements, they are more
expensive than a regulation advertisement so a display ad with less
information will not necessarily cost less and will not generate
more public interest. She repeated that at this point, the
Administration does not support Amendment 1.
SENATOR LEMAN clarified that Amendment 1 does not prevent any
agency from providing information that is essential; it only says
that it must contain information provided in paragraphs 1, 4, and
6. It would give the departments additional flexibility when
designing public notices. It is a tool to make government better.
He stated if the Lt. Governor has changed her mind because a
newspaper publisher called, he is disappointed.
CHAIRMAN MACKIE asked if Senator Leman was willing to get together
with the Lt. Governor and the sponsor to work something out.
SENATOR LEMAN said he would be happy to do that. He asked
Representative Kerttula if the problem is not that she is opposed
to the concept but she is afraid the amendment will stop good
legislation.
REPRESENTATIVE KERTTULA said that is true. She added that she
believes the amendment will require a fiscal note that the
amendment raises issues regarding equity for rural Alaska.
SENATOR DONLEY thought the better compromise was to move the
legislation forward at this time. He felt HB 291 is a good bill
that may not have the necessary support in the House if it is
amended.
SENATOR LEMAN withdrew his motion to adopt Amendment 1.
SENATOR DONLEY moved CSHB 291(STA) from committee with individual
recommendations. There being no objection, the motion carried.
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