HB 267: "An Act relating to review and expiration of regulations; and providing for an effective date."
00HOUSE BILL NO. 267 01 "An Act relating to review and expiration of regulations; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.40.871(b) is amended to read: 05 (b) Except for AS 44.62.310 and 44.62.312 regarding public meetings and 06 AS 44.62.320 regarding expiration and legislative review of regulations, the 07 provisions of AS 44.62 (Administrative Procedure Act) regarding the adoption of 08 regulations do not apply to the corporation. The corporation shall make available to 09 members of the public copies of the regulations adopted under this section. Within 14 10  days after adoption of a regulation under this section, the chair of the corporation 11 shall submit the regulation adopted to the chair of the Administrative Regulation 12 Review Committee together with information required under AS 24.20.462 13 [AS 24.20.400 - 24.20.460]. 14 * Sec. 2. AS 18.56.088(a) is amended to read:
01 (a) Except for AS 44.62.310 and 44.62.312, regarding public meetings, and 02 AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative review of 03 regulations, AS 44.62 (Administrative Procedure Act) does not apply to this chapter. 04 The corporation shall make available to members of the public copies of the 05 regulations adopted under (b) - (e) of this section. Within 14  days after adoption, 06 the chair [CHAIRMAN] of the board shall submit a regulation adopted under (b) - (e) 07 of this section to the chair [CHAIRMAN] of the Administrative Regulation Review 08 Committee together with information required under AS 24.20.462 [AS 24.20.400 09 - 24.20.460. THE PROVISIONS OF AS 44.62.320(a) APPLY TO REGULATIONS 10 ADOPTED UNDER (b) - (e) OF THIS SECTION]. 11 * Sec. 3. AS 24.20.065(a) is amended to read: 12 (a) The legislative council shall annually examine [ADMINISTRATIVE 13 REGULATIONS,] published opinions of state and federal courts and of the 14 Department of Law [, AND FINAL DECISIONS ADOPTED UNDER AS 44.62 15 (ADMINISTRATIVE PROCEDURE ACT)] that rely on state statutes or the common 16 law of the state to determine if 17 (1) the courts and agencies are properly implementing legislative 18 purposes; 19 (2) there are court or agency expressions of dissatisfaction with state 20 statutes or the common law of the state; 21 (3) the opinions or [,] decisions [, OR REGULATIONS] indicate 22 unclear or ambiguous statutes; 23 (4) the courts have modified or revised the common law of the state. 24 * Sec. 4. AS 24.20.400 is amended to read: 25 Sec. 24.20.400. ADMINISTRATIVE REGULATION REVIEW COMMITTEE 26 ESTABLISHED. The Administrative Regulation Review Committee is established as 27 a permanent interim committee of the legislature. The establishment of the committee 28 recognizes the need for prompt legislative review of [ADMINISTRATIVE] regulations 29 [FILED BY THE LIEUTENANT GOVERNOR] to determine whether adoption of the 30 regulations is authorized by statute and whether the regulations implement 31 legislative intent [ANNULMENT UNDER AS 44.62.320 IS APPROPRIATE].
01 * Sec. 5. AS 24.20 is amended by adding a new section to read: 02 Sec. 24.20.402. EXPIRATION OF REGULATIONS. (a) Notwithstanding 03 other provisions of law, every regulation in effect during a calendar year expires on 04 June 30 of the calendar year immediately following. The legislature may by law 05 postpone the expiration of a specific regulation. The postponement of the expiration 06 date of a specific regulation does not constitute legislative approval of the regulation 07 or evidence of the validity of the regulation. 08 (b) A regulation that expires under (a) of this section may not be readopted by 09 an agency in substantially the same form unless readoption of the regulation is 10 specifically authorized by statute or by a court order. 11 * Sec. 6. AS 24.20.460 is amended to read: 12 Sec. 24.20.460. POWERS. The committee may [ADMINISTRATIVE 13 REGULATION REVIEW COMMITTEE HAS THE FOLLOWING POWERS:] 14 (1) [TO] organize and adopt rules for the conduct of its business; 15 (2) [TO] hold public hearings; 16 (3) [TO] require all state officials and agencies of state government to 17 give full cooperation to the committee or its staff in assembling and furnishing 18 requested information; 19 (4) [TO] examine all [ADMINISTRATIVE] regulations to determine 20 if they properly implement legislative intent; 21 (5) [TO MAKE RECOMMENDATIONS FOR LEGISLATIVE 22 ANNULMENT OF ADMINISTRATIVE REGULATIONS UNDER AS 44.62.320; 23 (6) TO] prepare and distribute reports, memoranda, or other materials; 24 (6) [(7) TO] promote needed revision or repeal of regulations that have 25 been adopted by an agency [STATE DEPARTMENTS AND AGENCIES] and, when 26 the committee determines a regulation should be repealed or amended, to introduce a 27 bill that would enact a statute that would supersede or nullify the regulation; 28 (7) [(8) TO] investigate findings that are transmitted to the committee 29 by a standing committee in accordance with AS 24.05.182 and, as appropriate, to 30 either introduce a bill to supersede [ANNULLING] the regulation or permit the 31 regulation to expire under AS 24.20.402;
01 (8) [TO] exercise the committee's power to suspend the effectiveness 02 of the regulation in accordance with AS 24.20.445; 03 (9) introduce a bill by February 1 of each year to postpone the 04 expiration of specific regulations under AS 24.20.402. 05 * Sec. 7. AS 24.20.460 is amended by adding a new subsection to read: 06 (b) If the committee determines that a regulation is beyond the authority of the 07 adopting agency or that it does not implement legislative intent, the committee may 08 deliver an objection to the regulation to the lieutenant governor for permanent filing. 09 The committee may withdraw or modify an objection at any time. After the filing of 10 an objection that is not later withdrawn, the burden is on the agency in any proceeding 11 for judicial review or for enforcement of the regulation to establish that the adoption 12 of the regulation is within the authority delegated to the agency and that the regulation 13 implements legislative intent. The failure of the committee to file an objection to a 14 regulation under this subsection does not constitute approval of the regulation. 15 * Sec. 8. AS 24.20 is amended by adding new sections to read: 16 Sec. 24.20.462. INFORMATION ON REGULATIONS. (a) To enable the 17 committee to conduct a review of a change in regulation, each agency shall, within 14 18 days after adopting, amending, or repealing a regulation submit to the committee 19 (1) a copy of the regulation change; 20 (2) a brief summary of the regulation change and a description of the 21 previous regulatory scheme before its modification as a result of the change; 22 (3) a citation to and brief description of any federal law or regulation 23 relevant to the regulation change; 24 (4) fiscal information prepared under AS 44.62.195; 25 (5) identification of individuals and private or public organizations most 26 directly affected by the regulation change and whether they supported or opposed the 27 change; 28 (6) identification of any attorney general opinions or judicial decisions 29 relevant to the regulation change; 30 (7) identification of an agency representative with substantial 31 knowledge regarding the regulation change who will answer questions regarding the
01 change from the committee or members of the public, including the name, address, and 02 telephone number of the agency representative. 03 (b) The agency shall supply in a timely fashion any additional information 04 regarding a regulation change that is requested by the committee. 05 Sec. 24.20.465. DEFINITIONS. In AS 24.20.400 - 24.20.465, 06 (1) "agency" means a department, commission, board, public 07 corporation, or other entity in the executive branch of state government, including the 08 University of Alaska; 09 (2) "committee" means the Administrative Regulation Review 10 Committee; 11 (3) "regulation" 12 (A) means a regulation, rule, order, or standard of general 13 application to implement, interpret, or make specific the law enforced or 14 administered by an agency; 15 (B) includes a manual, policy, instruction, guide to enforcement, 16 bulletin, and the like that has the effect of a standard of general application; 17 (C) does not include a regulation that relates only to the internal 18 management of the agency or a form prescribed by an agency or instruction 19 relating to the use of the form. 20 * Sec. 9. AS 44.62.320 is repealed and reenacted to read: 21 Sec. 44.62.320. EXPIRATION AND LEGISLATIVE REVIEW OF 22 REGULATIONS. Each regulation is subject to review under AS 24.20.400 - 23 24.20.465 and expires under AS 24.20.402 unless expiration is postponed by law. 24 * Sec. 10. AS 44.88.085(a) is amended to read: 25 (a) Except for AS 44.62.310 and 44.62.312 regarding public meetings, and 26 except for AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative 27 review of regulations, the provisions of the Administrative Procedure Act regarding the 28 adoption of regulations (AS 44.62.040 - 44.62.320) do not apply to the authority. The 29 authority shall make available to members of the public copies of the regulations 30 adopted under this section. Within 14  days after adoption of a regulation under 31 this section, the chair [CHAIRMAN] of the authority shall submit the regulation
01 adopted to the chair [CHAIRMAN] of the Administrative Regulation Review 02 Committee together with information required under AS 24.20.462 [AS 24.20.400 - 03 24.20.460]. 04 * Sec. 11. This Act takes effect January 1, 1996.