CSHB 267(STA): "An Act relating to review and expiration of regulations; and providing for an effective date."
00CS FOR HOUSE BILL NO. 267(STA) 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 [45] 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 under AS 24.20.462 [AS 24.20.400 - 24.20.460]. 13 * Sec. 2. AS 18.56.088(a) is amended to read: 14 (a) Except for AS 44.62.310 and 44.62.312, regarding public meetings, and
01 AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative review of 02 regulations, AS 44.62 (Administrative Procedure Act) does not apply to this chapter. 03 The corporation shall make available to members of the public copies of the 04 regulations adopted under (b) - (e) of this section. Within 14 [45] days after adoption, 05 the chair [CHAIRMAN] of the board shall submit a regulation adopted under (b) - (e) 06 of this section to the chair [CHAIRMAN] of the Administrative Regulation Review 07 Committee under AS 24.20.462 [AS 24.20.400 - 24.20.460. THE PROVISIONS OF 08 AS 44.62.320(a) APPLY TO REGULATIONS ADOPTED UNDER (b) - (e) OF THIS 09 SECTION]. 10 * Sec. 3. AS 24.20.065(a) is amended to read: 11 (a) The legislative council shall annually examine [ADMINISTRATIVE 12 REGULATIONS,] published opinions of state and federal courts and of the 13 Department of Law [, AND FINAL DECISIONS ADOPTED UNDER AS 44.62 14 (ADMINISTRATIVE PROCEDURE ACT)] that rely on state statutes or the common 15 law of the state to determine if 16 (1) the courts and agencies are properly implementing legislative 17 purposes; 18 (2) there are court or agency expressions of dissatisfaction with state 19 statutes or the common law of the state; 20 (3) the opinions or [,] decisions [, OR REGULATIONS] indicate 21 unclear or ambiguous statutes; 22 (4) the courts have modified or revised the common law of the state. 23 * Sec. 4. AS 24.20.400 is amended to read: 24 Sec. 24.20.400. ADMINISTRATIVE REGULATION REVIEW COMMITTEE 25 ESTABLISHED. The Administrative Regulation Review Committee is established as 26 a permanent interim committee of the legislature. The establishment of the committee 27 recognizes the need for prompt legislative review of [ADMINISTRATIVE] regulations 28 [FILED BY THE LIEUTENANT GOVERNOR] to determine whether adoption of the 29 regulations is authorized by statute and whether the regulations implement 30 legislative intent [ANNULMENT UNDER AS 44.62.320 IS APPROPRIATE]. 31 * Sec. 5. AS 24.20 is amended by adding a new section to read:
01 Sec. 24.20.402. EXPIRATION OF REGULATIONS. (a) Notwithstanding 02 other provisions of law, every regulation in effect during a calendar year expires on 03 December 1 of the calendar year immediately following. The legislature may by law 04 postpone the expiration of a specific regulation. The postponement of the expiration 05 date of a specific regulation does not constitute legislative approval of the regulation 06 or evidence of the validity of the regulation. 07 (b) A regulation that expires under (a) of this section may not be readopted by 08 an agency if it has the same substantive effect unless readoption of the regulation is 09 specifically authorized by statute or by a court order. 10 (c) By February 1 of each year, the committee shall submit a bill to the Rules 11 Committee of each house for introduction to postpone for one year the expiration of 12 specific regulations. The bill must contain the statement "Expiration of all regulations 13 of each agency under AS 24.20.402 is postponed for one year except the following 14 .........." and list each regulation scheduled to expire on December 1 of the year the bill 15 is introduced. 16 (d) Before January 1 of each year, the committee shall submit a letter to the 17 governor identifying each regulation the committee intends to list for expiration on the 18 bill to be submitted under (c) of this section, together with reasons for failing to 19 postpone the expiration date for each of those regulations. 20 (e) This section does not apply to regulations required by federal law or to 21 regulations adopted by the 22 (1) Board of Fisheries; 23 (2) Board of Game; or 24 (3) Alaska Commercial Fisheries Entry Commission. 25 * Sec. 6. AS 24.20.460 is amended to read: 26 Sec. 24.20.460. POWERS. The committee may [ADMINISTRATIVE 27 REGULATION REVIEW COMMITTEE HAS THE FOLLOWING POWERS:] 28 (1) [TO] organize and adopt rules for the conduct of its business; 29 (2) [TO] hold public hearings; 30 (3) [TO] require all state officials and agencies of state government to 31 give full cooperation to the committee or its staff in assembling and furnishing
01 requested information; 02 (4) [TO] examine all [ADMINISTRATIVE] regulations to determine 03 if they properly implement legislative intent; 04 (5) [TO MAKE RECOMMENDATIONS FOR LEGISLATIVE 05 ANNULMENT OF ADMINISTRATIVE REGULATIONS UNDER AS 44.62.320; 06 (6) TO] prepare and distribute reports, memoranda, or other materials; 07 (6) [(7) TO] promote needed revision or repeal of regulations that have 08 been adopted by an agency [STATE DEPARTMENTS AND AGENCIES] and, when 09 the committee determines a regulation should be repealed or amended, to introduce a 10 bill that would enact a statute that would supersede or nullify the regulation; 11 (7) [(8) TO] investigate findings that are transmitted to the committee 12 by a standing committee in accordance with AS 24.05.182 and take [, AS] appropriate 13 action in response to those recommendations; 14 (8) [, TO EITHER INTRODUCE A BILL ANNULLING THE 15 REGULATION OR TO] exercise the committee's power to suspend the effectiveness 16 of a [THE] regulation in accordance with AS 24.20.445. 17 * Sec. 7. AS 24.20.460 is amended by adding a new subsection to read: 18 (b) If the committee determines that a regulation is beyond the authority of the 19 adopting agency or that it does not implement legislative intent, the committee may 20 deliver an objection to the regulation to the lieutenant governor for permanent filing. 21 The committee may withdraw or modify an objection at any time. After the filing of 22 an objection that is not later withdrawn, the burden is on the agency in any proceeding 23 for judicial review or for enforcement of the regulation to establish that the adoption 24 of the regulation is within the authority delegated to the agency and that the regulation 25 implements legislative intent. The failure of the committee to file an objection to a 26 regulation under this subsection does not constitute approval of the regulation. 27 * Sec. 8. AS 24.20 is amended by adding new sections to read: 28 Sec. 24.20.462. INFORMATION ON REGULATIONS. (a) To enable the 29 committee to conduct a review of a change in regulation, each agency shall, within 14 30 days after adopting, amending, or repealing a regulation submit to the committee 31 (1) a copy of the regulation change;
01 (2) any fiscal information prepared under AS 44.62.195. 02 (b) The agency shall supply in a timely fashion additional information 03 regarding a regulation change that is requested by the committee. 04 Sec. 24.20.465. DEFINITIONS. In AS 24.20.400 - 24.20.465, 05 (1) "agency" means a department, commission, board, public 06 corporation, or other entity in the executive branch of state government, including the 07 University of Alaska; 08 (2) "committee" means the Administrative Regulation Review 09 Committee; 10 (3) "regulation" 11 (A) means a regulation, rule, order, or standard of general 12 application to implement, interpret, or make specific the law enforced or 13 administered by an agency; 14 (B) includes a manual, policy, instruction, guide to enforcement, 15 bulletin, and the like that has the effect of a standard of general application; 16 (C) does not include a regulation that relates only to the internal 17 management of the agency or a form prescribed by an agency or instruction 18 relating to the use of the form. 19 * Sec. 9. AS 44.62.320 is repealed and reenacted to read: 20 Sec. 44.62.320. EXPIRATION AND LEGISLATIVE REVIEW OF 21 REGULATIONS. Each regulation is subject to review under AS 24.20.400 - 22 24.20.465 and expires under AS 24.20.402 unless expiration is postponed by law. 23 * Sec. 10. AS 44.88.085(a) is amended to read: 24 (a) Except for AS 44.62.310 and 44.62.312 regarding public meetings, and 25 except for AS 44.62.320 [AS 44.62.320(a)] regarding expiration and legislative 26 review of regulations, the provisions of the Administrative Procedure Act regarding the 27 adoption of regulations (AS 44.62.040 - 44.62.320) do not apply to the authority. The 28 authority shall make available to members of the public copies of the regulations 29 adopted under this section. Within 14 [45] days after adoption of a regulation under 30 this section, the chair [CHAIRMAN] of the authority shall submit the regulation 31 adopted to the chair [CHAIRMAN] of the Administrative Regulation Review
01 Committee under AS 24.20.462 [AS 24.20.400 - 24.20.460]. 02 * Sec. 11. This Act takes effect January 1, 1996.