03/26/2004 01:10 PM House JUD

HB 533 - IF UNREAS. AGENCY DELAY, COURT DECIDES                                                                               
                                                                                                                                
TAPE 04-49, SIDE A                                                                                                            
Number 0001                                                                                                                     
                                                                                                                                
CHAIR McGUIRE announced that the  next order of business would be                                                               
HOUSE   BILL  NO.   533,  "An   Act  relating   to  the   state's                                                               
administrative   procedures   and   to  judicial   oversight   of                                                               
administrative matters."  [Before  the committee was the proposed                                                               
committee  substitute  (CS)  for  HB  533,  Version  23-LS1833\D,                                                               
Bannister,  3/24/04,  which  was  adopted  as  a  work  draft  on                                                               
3/24/04.]                                                                                                                       
                                                                                                                                
Number 0030                                                                                                                     
                                                                                                                                
REPRESENTATIVE  BRUCE  WEYHRAUCH,  Alaska State  Legislature,  as                                                               
chair of the  House State Affairs Standing  Committee, sponsor of                                                               
HB 533,  relayed his appreciation  with regard to  the Department                                                               
of Law's  comments at the  last hearing.   He also noted  that he                                                               
has been  provided with a copy  of some proposed changes  and has                                                               
no objections to them.                                                                                                          
                                                                                                                                
Number 0105                                                                                                                     
                                                                                                                                
REPRESENTATIVE   GRUENBERG  moved   that   the  committee   adopt                                                               
Amendment  1,  a  handwritten   amendment  which  read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     page 2 line 14 delete "15" insert "30"                                                                                     
     page 2 line 15 delete "provide" and insert "filed in"                                                                      
     page 2 line 15 delete "with" and insert "a"                                                                                
                                                                                                                                
REPRESENTATIVE ANDERSON objected.                                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG recalled  that  the  DOL had  expressed                                                               
concern  with  the  15-day  provision  to  file  the  notice  and                                                               
suggested   that    30   days   would   be    more   appropriate.                                                               
Representative Gruenberg said he  agrees with the aforementioned,                                                               
particularly  if  the private  party  is  another part  of  state                                                               
[government].  He highlighted that  Amendment 1 also incorporates                                                               
a language  change that specifies  that the [notice] is  filed in                                                               
the agency.                                                                                                                     
                                                                                                                                
REPRESENTATIVE WEYHRAUCH  reiterated that he has  no objection to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON withdrew his objection.                                                                                 
                                                                                                                                
CHAIR   McGUIRE,  upon   determining   there   were  no   further                                                               
objections, announced that Amendment 1 was adopted.                                                                             
                                                                                                                                
Number 0197                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDERSON  moved to report  the proposed CS  for HB
, Version 23-LS1833\D, Bannister,  3/24/04, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  533(JUD)  was                                                               
reported from the House Judiciary Standing Committee.