CSHB 130(STA): "An Act relating to the examination by the Administrative Regulation Review Committee and the Department of Law of proposed regulations, amendments of regulations, and orders repealing regulations; relating to the submission to, acceptance by, and return by the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; relating to agency review of public comment on the adoption, amendment, and repeal of regulations; and requiring certain agencies to provide examples of compliance methods before adopting regulations, amendments of regulations, or orders repealing regulations."
00CS FOR HOUSE BILL NO. 130(STA) 01 "An Act relating to the examination by the Administrative Regulation Review 02 Committee and the Department of Law of proposed regulations, amendments of 03 regulations, and orders repealing regulations; relating to the submission to, 04 acceptance by, and return by the lieutenant governor of proposed regulations, 05 amendments of regulations, and orders repealing regulations; relating to agency 06 review of public comment on the adoption, amendment, and repeal of regulations; 07 and requiring certain agencies to provide examples of compliance methods before 08 adopting regulations, 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(4) is amended to read: 11 (4) to examine all administrative regulations, including proposed 12 regulations, amendments, and orders of repeal submitted to it under 13 AS 44.62.040(c), to determine if they properly implement legislative intent; 14 * Sec. 2. AS 44.62.040 is amended by adding new subsections to read:
01 (c) After an agency submits a regulation, amendment, or order of repeal to the 02 lieutenant governor under (a) of this section and before accepting the regulation, 03 amendment, or order of repeal for filing, the lieutenant governor shall submit the 04 following items to the Administrative Regulation Review Committee for the 05 committee's comments on whether the regulation, amendment, or order of repeal 06 conforms to the intent of the authorizing statute and whether the agency complied with 07 AS 44.62.215: 08 (1) the regulation, amendment, or order of repeal; 09 (2) the written record and example required by AS 44.62.215(a) - (b); 10 and 11 (3) the statement prepared by the Department of Law under 12 AS 44.62.060(b). 13 (d) The Administrative Regulation Review Committee shall provide its 14 comments under (c) of this section to the lieutenant governor within 30 days after 15 receiving the items listed in (c) of this section. When preparing its comments, the 16 committee may consult with experts in the area that is the subject of the regulation, 17 amendment, or order of repeal. 18 (e) At any time after receiving a proposed regulation, amendment, or order of 19 repeal from an agency, and whether or not the Administrative Regulation Review 20 Committee has provided comments under (c) - (d) of this section, the lieutenant 21 governor may return the proposed regulation, amendment, or order of repeal to the 22 proposing agency without accepting the regulation, amendment, or order of repeal for 23 filing if the Department of Law has submitted a statement of disapproval under 24 AS 44.62.060, or if the Administrative Regulation Review Committee has provided 25 comments under (c) - (d) of this section, in order to allow the agency to respond to the 26 specific issues raised by the Department of Law or the Administrative Regulation 27 Review Committee. 28 * Sec. 3. AS 44.62.050 is amended to read: 29 Sec. 44.62.050. STYLE AND FORMS. The Department of Law shall prepare 30 and shall revise when necessary a drafting manual for administrative regulations that 31 prescribes the style and forms for submitting regulations to the lieutenant governor
01 under AS 44.62.040. 02 * Sec. 4. AS 44.62.060 is amended to read: 03 Sec. 44.62.060. PREPARATION AND FILING. (a) Every state agency that 04 by statute possesses regulation-making authority shall work with the Department of 05 Law, under AS 44.62.125, in the preparation and revision of its regulations and shall 06 adhere to the drafting manual for administrative regulations prepared by the 07 Department of Law under AS 44.62.050. A state agency shall also provide the 08 Administrative Regulation Review Committee with a copy of the first draft that 09 the agency provides to the Department of Law under this subsection. 10 (b) In the performance of duties under AS 44.62.125, the Department of Law 11 shall advise the agencies on legal matters relevant to the adoption of regulations and 12 may advise the agencies on the need for and the policy involved in particular 13 regulations. In addition, the department shall prepare a written statement of approval 14 or disapproval after each regulation has been reviewed in order to determine 15 (1) its legality, constitutionality, and consistency with other regulations; 16 in this paragraph, "legality" includes compliance with AS 44.62.030; 17 (2) the existence of statutory authority and the correctness of the 18 required citation of statutory authority following each section; 19 (3) its clarity, simplicity of expression, and absence of possibility of 20 misapplication; 21 (4) compliance with the drafting manual for administrative regulations. 22 (c) The lieutenant governor may not accept for filing a regulation, amendment, 23 or order of repeal required by AS 44.62.040 unless it is accompanied by the written 24 record and example required by AS 44.62.215(a) - (b) and the written statement 25 specified in (b) of this section, and the statement approves the regulation, amendment, 26 or order of repeal. 27 * Sec. 5. AS 44.62.060 is amended by adding a new subsection to read: 28 (d) Unless the Department of Law notifies the lieutenant governor and the 29 agency that it needs more time and sets a specific date for the review of the proposed 30 regulation, amendment, or order of repeal, the Department of Law shall prepare the 31 written statement of approval or disapproval required by (b) of this section within 30
01 days after the proposed regulation, amendment, or order of repeal has been submitted 02 to it for preparation of the statement. 03 * Sec. 6. AS 44.62 is amended by adding a new section to read: 04 Sec. 44.62.215. PUBLIC COMMENT AND AGENCY ESTIMATES AND 05 DETERMINATIONS. (a) In the drafting, review, or other preparation of a proposed 06 regulation, amendment, or order of repeal, an agency shall weigh, evaluate, or 07 otherwise utilize public comment that consists of facts or other substantive information 08 that is relevant to the accuracy, coverage, or contents of the proposed regulatory 09 action. The agency shall record in writing the agency's use or rejection of factual or 10 other substantive information that is submitted as public comment and relevant to the 11 accuracy, coverage, or other aspect of the proposed regulatory action. An agency may 12 not weigh, evaluate, or otherwise utilize in the drafting, review, or other preparation 13 of the proposed regulatory action public comment that is nonfactual or an expression 14 of preference regarding the need for, coverage, or policy of the proposed regulatory 15 action. 16 (b) Before adopting a regulation, amendment, or order of repeal, an agency, 17 except the Board of Fisheries or the Board of Game established under AS 16.05.221, 18 shall provide in writing an example of an economically feasible method for complying 19 with the proposed regulatory action. 20 (c) A written explanation, estimate, or determination required by this section 21 is a public record under AS 09.25.100 - 09.25.220, and the agency producing the 22 explanation, estimate, or determination shall provide a copy to a person upon request. 23 * Sec. 7. AS 44.62.250 is amended to read: 24 Sec. 44.62.250. EMERGENCY REGULATIONS. A regulation or order of 25 repeal may be adopted as an emergency regulation or order of repeal if a state agency 26 makes a written finding, including a statement of the facts that constitute the 27 emergency, that the adoption of the regulation or order of repeal is necessary for the 28 immediate preservation of the public peace, health, safety, or general welfare. The 29 requirements of AS 44.62.040(c) - (d), 44.62.060, [AS 44.62.060] and 44.62.190 - 30 44.62.215 [44.62.190 - 44.62.210] do not apply to the initial adoption of emergency 31 regulations; however, upon adoption of an emergency regulation the adopting agency
01 shall immediately submit a copy of it to the lieutenant governor for filing and for 02 publication in the Alaska Administrative Register, and within five days after filing by 03 the lieutenant governor the agency shall give notice of the adoption in accordance with 04 AS 44.62.190(a). Failure to give the required notice by the end of the 10th day 05 automatically repeals the regulation. 06 * Sec. 8. AS 44.62.260 is amended to read: 07 Sec. 44.62.260. LIMITATION ON EFFECTIVE PERIOD OF EMERGENCY 08 REGULATIONS. (a) A regulation adopted as an emergency regulation does not 09 remain in effect more than 120 days unless the adopting agency complies with 10 AS 44.62.040(c) - (d), 44.62.060, [AS 44.62.060] and 44.62.190 - 44.62.215 11 [44.62.190 - 44.62.210] either before submitting the regulation to the lieutenant 12 governor or during the 120-day period. 13 (b) Before the expiration of the 120-day period, the agency shall transmit to 14 the lieutenant governor for filing a certification that AS 44.62.040(c) - (d), 44.62.060, 15 [AS 44.62.060] and 44.62.190 - 44.62.215 [44.62.190 - 44.62.210] were complied with 16 before submitting the regulation to the lieutenant governor, or that the agency complied 17 with those sections within the 120-day period. Failure to so certify repeals the 18 emergency regulation; it may not be renewed or refiled as an emergency regulation.