Legislature(2003 - 2004)
05/09/2004 12:10 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 295(STA) am
"An Act relating to the publishing, furnishing, and contents
of certain notices regarding regulations or rules of certain
state agencies and entities; relating to distribution of the
Alaska Administrative Code, Alaska Administrative Register,
and supplements to the code or register; and providing for an
effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken commented that this legislation would alter the
manner through which the public is notified about meetings
pertaining to State regulations.
Senator Bunde moved to adopt the Finance committee substitute,
Version 23-GH1145\I, as the working document.
There being no objection, the Version "I" committee substitute was
ADOPTED.
CRAIG TILLERY, Chief Assistant Attorney, General-Statewide Section
Supervisor, Environmental Section, Department of Law, testified via
teleconference from an offnet site to explain that this legislation
would serve to make advertising notices for proposed regulations in
newspapers more readable and understandable by requiring less
detail to be included in those notices. In addition, he stated that
the legislation would make notice distribution methods via the
Internet, mail, electronic mail and newspapers more consistent
between State agencies. Furthermore, he noted that in certain
specialized subject areas such as those pertaining to business
situations or to persons who rely on the Internet for information,
newspaper notices would no longer be required.
Mr. Tillery stressed that "the key change" of this legislation
would be to allow for abbreviated newspaper notices rather than the
more detailed versions currently required. This change, he
reiterated, would make notices more understandable and would reduce
State advertising expenditures. He noted that while the proposed
advertising notice format would continue to provide information
pertinent to how a regulation is being changed, it would direct
people to access the Alaska On-Line Public Notice system on the
Internet or to a contact person at a State agency were more
detailed information required.
SFC 04 # 113, Side B 01:00 PM
Mr. Tillery continued "that there are a number of discrepancies in
notices as required by the Administrative Procedures Act (APA) and
those required in State Statute as a result, he attested, of
"historical accidents" when statutes were adopted prior to the
enactment of the APA. Some of the discrepancies, he continued, are
that while Statutes require notices to be advertised in three
newspapers, others, such a those affecting the Teachers Retirement
Board, the Judicial Retirement Board, and the Public Employees
Retirement Board, allow a notice to be in a single newspaper
because these individuals "have greater access to the Internet."
Mr. Tillery informed the Committee that although the original bill
included the Alaska Railroad, the Alaska Aerospace Development
Corporation, the Alaska Housing Finance Corporation, and the Alaska
Industrial Development and Export Authority (AIDEA), in the single
notice requirement, the Version "I" committee substitute would
require those agencies to publish notices in three newspapers.
Another change incorporated into the Version "I" committee
substitute, he continued, is that the newspaper notice requirement
would be eliminated for highly specialized subject areas in which
"the interested person relies heavily on the Internet or other
means" such as a trade group for information. These affected
groups, he shared, would include the Department of Community and
Economic Development's Banking Securities and Corporations
Division; Trust Act regulations; and the Department of Revenue's
corporate income tax regulations.
Mr. Tillery also pointed out that existing law requires the
Lieutenant Governor to provide a paper copy of the Alaska
Administrative Code to a clerk of a local governmental unit, at no
cost, whether the clerk wants it or not. He stated that the
Lieutenant Governor's office has notified the Department of Law
that numerous municipalities have pointed out that this paper copy
is unnecessary. The committee substitute would change current
statute to specify that a municipality's clerk must request a copy
and that they must pay for it. In addition, the Committee
substitute would allow the clerk to elect to receive Internet
assess to the Code at a reduced cost.
Senator Hoffman asked whether the language change that would allow
a notice to be run in one newspaper rather than three different
newspapers is referenced in Sec. 13, subsection (2) on page six,
beginning on line eight, which reads as follows.
(2) published in a newspaper [ONE OR MORE NEWSPAPERS] of
general circulation in [EACH JUDICIAL DISTRICT OF] the state;
New Text Underlined [BRACKETED TEXT DELETED]
Mr. Tillery stated that numerous statutes relating to newspaper
notices are affected by this bill; specifically that Sections 3, 8,
and 13 would allow for a single newspaper notice and that Sections
5, 6, 16, 17, and 25 would continue the current three newspaper
notice requirement. He noted that the language allowing the use of
abbreviated notices primarily pertains to the Americans with
Disabilities Act (ADA) language requirements.
Senator Hoffman pointed out that no single newspaper has a
Statewide circulation. Therefore, he stated that a notice in one
newspaper could negatively affect a notice's public exposure.
Consequently, he argued that the cost savings "would not measure up
to the lack of information" to the public.
Mr. Tillery pointed out that only three entities: the Alaska
Teachers Retirement Board; the Judicial Retirement System; and the
Public Employees Retirement Board, would be allowed to advertise in
only one paper. These three, he reiterated would be provided this
measure because they utilize the Internet on a daily basis and are
able to acquire information through their place of business via the
Alaska On line Public Notice System or other means. He stressed
that the reduced notice language would be limited to these three
entities.
Co-Chair Wilken recalled that concerns relating to this subject
arose from the fact that previous pieces of legislation proposed to
allow all notices to advertise in a single newspaper of general
circulation. This bill, he stressed, limits that ability to the
three aforementioned entities. He stated that the bill would also
allow for abbreviated notices.
Senator Olson stated that, despite the use of the Internet, it is
disconcerting to attempt to deliver notices via one newspaper in
such a large State. He asked, therefore, how he could reassure
teachers and others that they would be adequately notified.
Mr. Tillery responded that the use of such things as regular postal
delivery mail, electronic mailings, labor unions and other
associations, as well as entity representatives could further
communications pertinent to a group.
Senator Olson noted that people who rely on such newspapers as the
Arctic Sound and the Nome Nugget for public notices, "might be
unduly left in the dark."
Senator Bunde, himself being a retired teacher, assured that such
entities as the Teachers Retirement System (TRS) expend a great
deal of money on member communication.
Senator Olson asked the number of time-sensitive deadline oriented
communiqués that might be delivered via the United States Postal
Service.
Senator Bunde reported that he is unaware of any "immediate nature"
communiqués, as he noted that the majority of the notices regard
meeting notices and agendas and "are proactive rather than
reactive."
Senator Hoffman voiced concern that the only place with Internet
capability in rural areas is the school and that a lot of people
are computer illiterate.
Senator Olson affirmed that many people do not have Internet
access.
Senator Bunde moved to report the Senate Finance committee
substitute from Committee with accompanying fiscal note and
individual recommendations.
There being no objection, SCS CS HB 295(FIN) was REPORTED from
Committee with a negative $123,100 fiscal note, dated April 28,
2004 from the Office of Management and Budget.
RECESS TO THE CALL OF THE CHAIR 1:11 PM / 12:03AM
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