Legislature(1999 - 2000)

02/08/2000 08:11 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 291-ADMINISTRATIVE PROCEDURE NOTICES                                                                                       
                                                                                                                                
Number 0733                                                                                                                     
                                                                                                                                
CHAIR JAMES announced  the second order of business  is HOUSE BILL                                                              
NO. 291,  "An Act  relating to  the use  of electronic format  for                                                              
certain state agency notices."                                                                                                  
                                                                                                                                
Number 0755                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  made a motion to adopt the  proposed CS for                                                              
HB 291,  version 1-LS1244\H, Bannister,  2/7/00, as a  work draft.                                                              
There  being  no objection,  proposed  CSHB  291, Version  H,  was                                                              
before the committee.                                                                                                           
                                                                                                                                
Number 0769                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  explained that  HB 291 was a  very modest                                                              
effort to  move the  legislature toward the  electronic age.   She                                                              
acknowledged that there is a constant  stream of regulatory action                                                              
that flows  into committee  offices.  Therefore,  in an  effort to                                                              
trim legislative costs, she had proposed  that the legislature try                                                              
to use electronic format to receive regulatory paperwork.                                                                       
                                                                                                                                
REPRESENTATIVE  KERTTULA directed  attention to  page 1,  line 14,                                                              
where it  read "furnished."   She explained  that the use  of this                                                              
word is to make the proposed CS technically  sound, thereby making                                                              
it legal  to deliver [electronic]  notices to legislative  offices                                                              
instead of  using the  current mandatory  mailing procedure.   The                                                              
proposed  CS  would  consistently  change  the  word  "mailed"  to                                                              
"furnished" so that  agencies could provide an  electronic copy of                                                              
regulatory notices to legislators.                                                                                              
                                                                                                                                
REPRESENTATIVE KERTTULA indicated  a second change in the proposed                                                              
CS is  on page 2,  lines 11-16, number  6.  She acknowledged  that                                                              
some small  agencies or  boards might  not have the  technological                                                              
capability to send e-mails.  In that  case, the proposed CS allows                                                              
that agency to provide regulatory  notices to legislators by other                                                              
means.  However,  if an agency does have  technological capability                                                              
to send e-mails, then e-mail notice  is required.  She said that a                                                              
legislator  can request regulatory  notices be  mailed if  that is                                                              
the preferred method of notice for a particular legislator.                                                                     
                                                                                                                                
Number 0989                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN  commented that  he  had noticed  that  "cost                                                              
saving  measures" always  seemed  to be  accompanied  with a  zero                                                              
fiscal note rather  than a negative fiscal note.   He wondered why                                                              
the committee  does not  start showing some  real cost  savings in                                                              
the fiscal notes.                                                                                                               
                                                                                                                                
Number 1023                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  said  the   proposed  amendment  to  the                                                              
proposed CS might actually show a real cost saving.                                                                             
                                                                                                                                
REPRESENTATIVE  OGAN commented  that  maybe there  is no  negative                                                              
fiscal note because the agency does not want their budget cut.                                                                  
                                                                                                                                
REPRESENTATIVE  KERTTULA said  she did  not know  if that was  the                                                              
reason.                                                                                                                         
                                                                                                                                
Number 1078                                                                                                                     
                                                                                                                                
CHAIR  JAMES  announced  that  there  was  an  amendment  for  the                                                              
proposed  CS before  the committee.    Amendment 1,  1-LS1244\H.1,                                                              
Bannister, 2/7/00, read:                                                                                                        
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "AS 44.62.190(a) is amended to read:"                                                                          
          Insert "AS 44.62.190 is amended to read:                                                                              
          Sec. 44.62.190.  Notice of proposed action."                                                                        
                                                                                                                                
     Page 2, lines 16 - 25:                                                                                                     
          Delete ";                                                                                                         
               (7)  furnished to the standing committee of each                                                                 
     house  of  the legislature  having  legislative  jurisdiction                                                              
     over the subject  matter treated by the regulation  under the                                                              
     Uniform Rules of the Alaska  State Legislature, together with                                                              
     a copy  of the  proposed regulation,  amendment, or  order of                                                              
     repeal  for  the committee's  use  in conducting  the  review                                                              
     authorized by AS 24.05.182;                                                                                                
               (8)  furnished to the staff of the Administrative                                                                
     Regulation  Review Committee,  together  with a  copy of  the                                                              
     proposed regulation,  amendment, or  order of repeal  and, if                                                              
     preparation   of  an  appropriation   increase  estimate   is                                                              
     required by AS 44.62.195, a copy of the estimate"                                                                          
               Insert                                                                                                           
               "[(7)  FURNISHED TO THE STANDING COMMITTEE OF EACH                                                               
     HOUSE  OF  THE LEGISLATURE  HAVING  LEGISLATIVE  JURISDICTION                                                              
     OVER THE SUBJECT  MATTER TREATED BY THE REGULATION  UNDER THE                                                              
     UNIFORM RULES OF THE ALASKA  STATE LEGISLATURE, TOGETHER WITH                                                              
     A COPY  OF THE  PROPOSED REGULATION,  AMENDMENT, OR  ORDER OF                                                              
     REPEAL  FOR  THE COMMITTEE'S  USE  IN CONDUCTING  THE  REVIEW                                                              
     AUTHORIZED BY AS 24.05.182;                                                                                                
                (8)  FURNISHED TO THE STAFF OF THE ADMINISTRATIVE                                                               
     REGULATION  REVIEW COMMITTEE,  TOGETHER  WITH A  COPY OF  THE                                                              
     PROPOSED REGULATION,  AMENDMENT, OR  ORDER OF REPEAL  AND, IF                                                              
     PREPARATION   OF  AN  APPROPRIATION   INCREASE  ESTIMATE   IS                                                              
     REQUIRED BY AS 44.62.195, A COPY OF THE ESTIMATE]"                                                                         
                                                                                                                                
     Page 2, line 26:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, line 1:                                                                                                            
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, following line 4:                                                                                                  
          Insert a new subsection to read:                                                                                      
               "(d)  Along with a notice furnished under (a)(2),                                                                
     (4)(A), or  (6) [,  (7), OR (8)]  of this section,  the state                                                              
     agency shall include the reason  for the proposed action, the                                                              
     initial  cost  to the  state  agency of  implementation,  the                                                              
     estimated   annual    costs   to   the   state    agency   of                                                              
     implementation, the name of  the contact person for the state                                                              
     agency, and the origin of the proposed action."                                                                            
                                                                                                                                
     Page 3, line 5:                                                                                                            
          Delete "Sec. 4."                                                                                                      
          Insert "Sec. 2."                                                                                                      
                                                                                                                                
[End of Amendment 1]                                                                                                            
                                                                                                                                
Number 1096                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  explained that  she had left  Amendment 1                                                              
in  amendment form  because working  with  two proposed  committee                                                              
substitutes is too  confusing.  Amendment 1 takes  the legislature                                                              
another step forward in receiving  electronic notices by relieving                                                              
an  agency  of   notifying  each  standing  committee   member  or                                                              
administrative  regulation  review committee  staff  member.   Her                                                              
inclination is  to move all the  way forward in  electronic notice                                                              
capability.  However,  she recognizes that it is  a policy call to                                                              
be decided upon by the committee.                                                                                               
                                                                                                                                
CHAIR JAMES  agreed  that Amendment  1 is a  step forward  because                                                              
regulatory notices are available on electronic media.                                                                           
                                                                                                                                
Number 1178                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGAN  asked if agency regulatory  notices are going                                                              
to be e-mailed or just be available.                                                                                            
                                                                                                                                
Number 1199                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA answered  that if the committee adopts the                                                              
proposed  CS, legislators  will receive  an  electronic notice  in                                                              
their  offices.   She emphasized  that only  the legislator  would                                                              
receive the electronic notice, not  committee members just because                                                              
they are  assigned to a committee.   As to whether  the electronic                                                              
notice would be an e-mail, she said yes.                                                                                        
                                                                                                                                
Number 1265                                                                                                                     
                                                                                                                                
CHAIR JAMES  pointed  out that every  committee  member is  also a                                                              
legislator, so the regulatory notices  will be available to all of                                                              
them.   She envisioned that much  paperwork will be  eliminated if                                                              
the  legislature  moves  forward with  the  electronic  technology                                                              
available.                                                                                                                      
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  agreed   with  Chair  James  that  ever-                                                              
changing technology  advances make for an exciting  perspective of                                                              
paperless offices in the future.                                                                                                
                                                                                                                                
CHAIR JAMES emphasized that there  will be postage cost savings if                                                              
the  legislature  moves  into the  use  of  electronic  technology                                                              
possibilities.                                                                                                                  
                                                                                                                                
Number 1370                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN expressed  his belief  that there  will be  a                                                              
problem  if  standing   committee  members  are   not  advised  of                                                              
regulatory notices  because some legislators are not  full time or                                                              
in  their  offices  every  day  checking   e-mail  messages.    He                                                              
suggested that maybe some legislators  did not want their staff to                                                              
check the legislators' e-mail messages.   He suggested it would be                                                              
appropriate  to at least  e-mail the  legislator's committee  aide                                                              
regarding issues relevant to that committee.                                                                                    
                                                                                                                                
Number 1451                                                                                                                     
                                                                                                                                
CHAIR JAMES  said she  cannot imagine  why a part-time  legislator                                                              
would not want  a legislative aide  to read the e-mails.   Her own                                                              
aides sort through e-mails, eliminate  those that are not relevant                                                              
to the  business at hand,  and forward  the important ones  to her                                                              
home.                                                                                                                           
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA mentioned  that all a legislator has to do                                                              
is notify an  agency that information is to be  mailed directly to                                                              
that legislator's staff person.                                                                                                 
                                                                                                                                
CHAIR JAMES  emphasized that the  computer age has arrived,  so it                                                              
would  behoove  legislators to  become  technologically  literate.                                                              
She  would even  like to  have computers  placed at  desks in  the                                                              
House chambers so that legislators  can see amendments immediately                                                              
as they  are being  discussed.   She suggested  that being  in the                                                              
forefront  of  using  computer  technology  is  an  advantage  for                                                              
legislators.                                                                                                                    
                                                                                                                                
Number 1659                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HUDSON reminded members  that every  newspaper has                                                              
pages full  of legal  notices that  cost thousands  of dollars  to                                                              
publish,  and yet hardly  anyone  reads them.   Those notices  are                                                              
there  because   they  were  mandated  by   antiquated  government                                                              
regulation.   He  said he  wishes HB  291 went  further than  just                                                              
addressing  government  action  notices.    He said  it  would  be                                                              
convenient  to  get all  public  notices published  in  electronic                                                              
format  in order  to allow  easier access  for the  public and  to                                                              
reduce publishing costs.                                                                                                        
                                                                                                                                
CHAIR  JAMES said  she  is pleased  with  Amendment  1 because  it                                                              
repeals  legislation, and  repealing  unnecessary legislation  was                                                              
one of her purposes for filing for a legislative seat.                                                                          
                                                                                                                                
Number 1762                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN asked  how Amendment  1  affects the  average                                                              
citizen.   Could people without  computers in their  homes request                                                              
to be included on a mailing list?                                                                                               
                                                                                                                                
REPRESENTATIVE  KERTTULA   said  Amendment  1  is   just  for  the                                                              
legislature  and does not  affect any  public notice  requirements                                                              
that  are already  in effect.   As  it stands  now, public  notice                                                              
requirements,  including expensive  newspaper  notices, are  quite                                                              
complicated and detailed.  She believes  there has to be an easier                                                              
way  to get  regulatory notices  published.   Amendment  1 to  the                                                              
proposed CS is just the first step toward a simpler process.                                                                    
                                                                                                                                
Number 1860                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN made a  motion to adopt  Amendment 1.   There                                                              
being  no  objection,  it  was so  ordered  and  Amendment  1  was                                                              
adopted.                                                                                                                        
                                                                                                                                
Number 1889                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN made a  motion to move  CSHB 291,  version 1-                                                              
LS1244\H,  Bannister, 2/7/00,  as amended,  out of committee  with                                                              
individual recommendations and attached  fiscal note.  There being                                                              
no objection,  CSHB 291(STA)  moved from  the House State  Affairs                                                              
Standing Committee.                                                                                                             
                                                                                                                                

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