HB 130: "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations."
00HOUSE BILL NO. 130 01 "An Act relating to agency review of public comment on the adoption, 02 amendment, and repeal of regulations; relating to the examination of proposed 03 regulations, amendments of regulations, and orders repealing regulations by the 04 Administrative Regulation Review Committee and the Department of Law; relating 05 to the submission to, and acceptance by, the lieutenant governor of proposed 06 regulations, amendments of regulations, and orders repealing regulations; and 07 requiring agencies to make certain determinations before adopting regulations, 08 amendments of regulations, or orders repealing regulations." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 24.20.460 is amended to read: 11 Sec. 24.20.460. POWERS. The Administrative Regulation Review Committee 12 has the following powers: 13 (1) to organize and adopt rules for the conduct of its business; 14 (2) to hold public hearings;
01 (3) to require all state officials and agencies of state government to give 02 full cooperation to the committee or its staff in assembling and furnishing requested 03 information; 04 (4) to examine all administrative regulations, including proposed 05 regulations, amendments, and orders of repeal submitted to it under 06 AS 44.62.040(c), to determine if they properly implement legislative intent; 07 (5) to make recommendations for legislative annulment of 08 administrative regulations under AS 44.62.320; 09 (6) to prepare and distribute reports, memoranda, or other materials; 10 (7) to promote needed revision or repeal of regulations that have been 11 adopted by state departments and agencies and, when the committee determines a 12 regulation should be repealed or amended, to introduce a bill that would enact a statute 13 that would supersede or nullify the regulation; 14 (8) to investigate findings that are transmitted to the committee by a 15 standing committee in accordance with AS 24.05.182 and, as appropriate, to either 16 introduce a bill annulling the regulation or exercise the committee's power to suspend 17 the effectiveness of the regulation in accordance with AS 24.20.445. 18 * Sec. 2. AS 44.62.040 is amended by adding new subsections to read: 19 (c) When an agency submits a regulation, amendment, or order of repeal to the 20 lieutenant governor under (a) of this section, the regulation, amendment, or order of 21 repeal shall be accompanied by a copy of the written determinations made by the 22 agency under AS 44.62.215(b) and the statement prepared by the Department of Law 23 under AS 44.62.060(b). 24 (d) Within 30 days after an agency submits a regulation, amendment, or order 25 of repeal to the lieutenant governor under (a) of this section and before accepting the 26 regulation, amendment, or order of repeal for filing, the lieutenant governor shall 27 submit the following items to the Administrative Regulation Review Committee for 28 the committee's comments on whether the regulation, amendment, or order of repeal 29 conforms to the intent of the authorizing statute and whether the agency complied with 30 AS 44.62.215: 31 (1) the regulation, amendment, or order of repeal;
01 (2) the written determinations made by the agency under 02 AS 44.62.215(b); and 03 (3) the statement prepared by the Department of Law under 04 AS 44.62.060(b). 05 (e) The Administrative Regulation Review Committee shall provide its 06 comments under (d) of this section to the lieutenant governor within 90 days after 07 receiving the items listed in (d) of this section. The committee shall notify the 08 lieutenant governor within 30 days after receipt if the committee needs more time to 09 prepare its comments. When preparing its comments, the committee may consult with 10 experts in the area that is the subject of the regulation, amendment, or order of repeal. 11 (f) After receiving the comments under (e) of this section, the lieutenant 12 governor may return the proposed regulation, amendment, or order of repeal to the 13 proposing agency without accepting the regulation, amendment, or order of repeal for 14 filing. 15 * Sec. 3. AS 44.62.050 is amended to read: 16 Sec. 44.62.050. STYLE AND FORMS. The Department of Law shall prepare 17 and shall revise when necessary a drafting manual for administrative regulations that 18 prescribes the style and forms for submitting regulations to the lieutenant governor 19 under AS 44.62.040. 20 * Sec. 4. AS 44.62.060(c) is amended to read: 21 (c) The lieutenant governor may not accept for filing a regulation, amendment, 22 or order of repeal required by AS 44.62.040 unless it is accompanied by the written 23 determinations required by AS 44.62.215(b) and the written statement specified in 24 (b) of this section, and the statement approves the regulation, amendment, or order of 25 repeal. 26 * Sec. 5. AS 44.62.060 is amended by adding a new subsection to read: 27 (d) Unless the Department of Law notifies the lieutenant governor and the 28 agency that it needs more time to review the proposed regulation, amendment, or order 29 of repeal, the Department of Law shall prepare the written statement of approval or 30 disapproval required by (b) of this section within 60 days after the proposed regulation, 31 amendment, or order of repeal has been submitted to it for preparation of the
01 statement. 02 * Sec. 6. AS 44.62 is amended by adding a new section to read: 03 Sec. 44.62.215. PUBLIC COMMENT AND AGENCY DETERMINATIONS. 04 (a) In the drafting, review, or other preparation of a proposed regulation, amendment, 05 or order of repeal, an agency shall weigh, evaluate, or otherwise utilize public 06 comment that consists of facts or other substantive information that is relevant to the 07 accuracy, coverage, or contents of the proposed regulatory action. The agency shall 08 explain in writing the agency's use or rejection of factual or other substantive 09 information that is submitted as public comment and relevant to the accuracy, 10 coverage, or other aspect of the proposed regulatory action. An agency may not 11 weigh, evaluate, or otherwise utilize in the drafting, review, or other preparation of 12 the proposed regulatory action public comment that is nonfactual or an expression of 13 preference regarding the need for, coverage, or policy of the proposed regulatory 14 action. 15 (b) Before adopting a regulation, amendment, or order of repeal, the agency 16 shall determine in writing 17 (1) an estimate of the cost of compliance for a person affected by the 18 proposed regulatory action; 19 (2) the benefits to be received by the public from the proposed 20 regulatory action; 21 (3) the economic effect of the proposed regulatory action on the 22 economy of the state; and 23 (4) that there is an economically feasible method for complying with 24 the proposed regulatory action. 25 (c) A written explanation or determination required by this section is a public 26 record under AS 09.25.100 - 09.25.220, and the agency producing the explanation or 27 determination shall provide a copy to a person upon request. 28 * Sec. 7. AS 44.62.250 is amended to read: 29 Sec. 44.62.250. EMERGENCY REGULATIONS. A regulation or order of 30 repeal may be adopted as an emergency regulation or order of repeal if a state agency 31 makes a written finding, including a statement of the facts that constitute the
01 emergency, that the adoption of the regulation or order of repeal is necessary for the 02 immediate preservation of the public peace, health, safety, or general welfare. The 03 requirements of AS 44.62.040(c) - (e), 44.62.060, [AS 44.62.060] and 44.62.190 - 04 44.62.215 [44.62.190 - 44.62.210] do not apply to the initial adoption of emergency 05 regulations; however, upon adoption of an emergency regulation the adopting agency 06 shall immediately submit a copy of it to the lieutenant governor for filing and for 07 publication in the Alaska Administrative Register, and within five days after filing by 08 the lieutenant governor the agency shall give notice of the adoption in accordance with 09 AS 44.62.190(a). Failure to give the required notice by the end of the 10th day 10 automatically repeals the regulation. 11 * Sec. 8. AS 44.62.260 is amended to read: 12 Sec. 44.62.260. LIMITATION ON EFFECTIVE PERIOD OF EMERGENCY 13 REGULATIONS. (a) A regulation adopted as an emergency regulation does not 14 remain in effect more than 120 days unless the adopting agency complies with 15 AS 44.62.040(c) - (e), 44.62.060, [AS 44.62.060] and 44.62.190 - 44.62.215 [44.62.190 16 - 44.62.210] either before submitting the regulation to the lieutenant governor or during 17 the 120-day period. 18 (b) Before the expiration of the 120-day period, the agency shall transmit to 19 the lieutenant governor for filing a certification that AS 44.62.040(c) - (e), 44.62.060, 20 [AS 44.62.060] and 44.62.190 - 44.62.215 [44.62.190 - 44.62.210] were complied with 21 before submitting the regulation to the lieutenant governor, or that the agency complied 22 with those sections within the 120-day period. Failure to so certify repeals the 23 emergency regulation; it may not be renewed or refiled as an emergency regulation.