HB 221: "An Act relating to the Alaska Administrative Journal; relating to public notices of state agencies; and relating to material incorporated by reference in regulations and to the content and furnishing of regulation notices under the Administrative Procedure Act."
00HOUSE BILL NO. 221 01 "An Act relating to the Alaska Administrative Journal; relating to public notices 02 of state agencies; and relating to material incorporated by reference in 03 regulations and to the content and furnishing of regulation notices under the 04 Administrative Procedure Act." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 44.19 is amended by adding a new section to read: 07 Sec. 44.19.021. Powers of the lieutenant governor. (a) To promote public 08 awareness and in the best interests of the state, the lieutenant governor, under the 09 provisions of AS 36.30, may provide for the availability of consolidated space in 10 newspapers of general circulation and in trade and industry publications for the 11 publication of notices regarding state agency regulations, or other matters, as required 12 by AS 44.62.010 - 44.62.290 or other provision of law. The lieutenant governor may 13 require state agencies to participate in the use of any consolidated space provided 14 under this section and may waive the requirement if nonparticipation is in the best
01 interests of the state. 02 (b) In this section, "state agency" means a department, board, commission, 03 division, authority, public corporation, or other administrative unit of the executive 04 branch of state government. 05 * Sec. 2. AS 44.62.175(a) is amended by adding a new paragraph to read: 06 (11) notices under AS 44.62.245(b)(2) regarding an amended or a 07 revised version of a document or other material incorporated by reference in a 08 regulation. 09 * Sec. 3. AS 44.62.175(f) is amended to read: 10 (f) In this section 11 (1) "journal" means the Alaska Administrative Journal; and 12 (2) "publish" means to make available to the public 13 (A) through the legislative data processing system; and 14 (B) in electronic [PRINTED] form on a specific Alaska 15 Administrative Journal page available through a publicly accessible 16 electronic medium or, if appropriate, on other State of Alaska pages 17 electronically linked to the Alaska Administrative Journal page. 18 * Sec. 4. AS 44.62.190(a) is amended to read: 19 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 20 notice of the proposed action shall be 21 (1) published in the newspaper of general circulation or trade or 22 industry publication that the state agency prescribes and in the Alaska Administrative 23 Journal; in the discretion of the state agency giving the notice, the requirement of 24 publication in a newspaper or trade or industry publication may be satisfied by using 25 a combination of publication and broadcasting; [WHEN BROADCASTING THE 26 NOTICE, AN AGENCY MAY USE AN ABBREVIATED FORM OF THE NOTICE 27 IF THE BROADCAST PROVIDES THE NAME AND DATE OF THE NEWSPAPER 28 OR TRADE OR INDUSTRY JOURNAL WHERE THE FULL TEXT OF THE 29 NOTICE CAN BE FOUND;] 30 (2) furnished [MAILED] to every person who has filed a request for 31 notice of proposed action with the state agency;
01 (3) if the agency is within a department, furnished [MAILED OR 02 DELIVERED] to the commissioner of the department; 03 (4) when appropriate in the judgment of the agency, 04 (A) furnished [MAILED] to a person or group of persons 05 whom the agency believes is interested in the proposed action; and 06 (B) provided [PUBLISHED] in the additional form and manner 07 the state agency prescribes; 08 (5) furnished the Department of Law together with a copy of the 09 proposed regulation, amendment, or order of repeal for the department's use in 10 preparing the opinion required after adoption and before filing by AS 44.62.060; 11 (6) furnished to all incumbent State of Alaska legislators and the 12 Legislative Affairs Agency; 13 (7) furnished to the standing committee of each house of the legislature 14 having legislative jurisdiction over the subject matter treated by the regulation under 15 the Uniform Rules of the Alaska State Legislature, together with a copy of the 16 proposed regulation, amendment, or order of repeal for the committee's use in 17 conducting the review authorized by AS 24.05.182; 18 (8) furnished to the staff of the Administrative Regulation Review 19 Committee, together with a copy of the proposed regulation, amendment, or order of 20 repeal and, if preparation of an appropriation increase estimate is required by 21 AS 44.62.195, a copy of the estimate. 22 * Sec. 5. AS 44.62.190(c) is amended to read: 23 (c) The failure to furnish [MAIL] notice to a person as provided in this 24 section does not invalidate an action taken by an agency under AS 44.62.180 - 25 44.62.290. 26 * Sec. 6. AS 44.62.200(a) is amended to read: 27 (a) The notice of proposed adoption, amendment, or repeal of a regulation that 28 is published in the Alaska Administrative Journal or is provided under 29 AS 44.62.190(a)(2) - (8) must include the information described in (1) - (7) of this 30 subsection; the notice that is published in a newspaper of general circulation or 31 trade or industry publication, or that is broadcast, must include the information
01 described in (1), (4), and (6) of this subsection; the information that must be 02 provided according to requirements set out in this subsection is 03 (1) a statement of the time, place, and nature of proceedings for 04 adoption, amendment, or repeal of the regulation; 05 (2) reference to the authority under which the regulation is proposed 06 and a reference to the particular code section or other provisions of law that are being 07 implemented, interpreted, or made specific; 08 (3) an informative summary of the proposed subject of agency action; 09 (4) other matters prescribed by a statute applicable to the specific 10 agency or to the specific regulation or class of regulations; 11 (5) a summary of the fiscal information required to be prepared under 12 AS 44.62.195; 13 (6) a brief general description of the proposed subject of agency 14 action, how more detailed information may be obtained, and the name of the 15 agency contact person; 16 (7) the reason for the proposed action, the initial cost to the state 17 agency of implementation, the estimated annual costs to the state agency of 18 implementation, the name of the contact person for the state agency, and the 19 origin of the proposed action. 20 * Sec. 7. AS 44.62 is amended by adding a new section to read: 21 Sec. 44.62.245. Material incorporated by reference. (a) In adopting a 22 regulation that incorporates a document or other material by reference, a state agency 23 may incorporate future amended or revised versions of the document or other material 24 if 25 (1) the document or other material consists of 26 (A) a federal statute or regulation; 27 (B) a regulation of another state agency; or 28 (C) the product of the adopting state agency, another state 29 agency, or a federal agency and the document or other material and 30 amendments or revisions to the document or other material are created in a 31 manner that provides for public notice and an opportunity for public review and
01 comment; 02 (2) the document or other material is one of the following: 03 (A) a document published, compiled, or prepared by the United 04 States Department of Health and Human Services and listed in this 05 subparagraph: 06 (i) the international classification of diseases, clinical 07 modifications; 08 (ii) the common procedure coding system; 09 (iii) the specifications for national uniform billing data 10 elements; 11 (iv) the federal poverty guidelines for the state; 12 (B) the current procedural terminology for physicians published 13 by the American Medical Association; 14 (C) the diagnostic and statistical manual of mental disorders 15 published by the American Psychiatric Association; 16 (D) the length of stay in hospitals by diagnosis and operation 17 for the western region of the United States, published by HCIA, Inc.; 18 (E) the compendium of animal rabies control published by the 19 United States Centers for Disease Control and Prevention; 20 (F) the control of communicable diseases manual published by 21 the American Health Association; 22 (G) the standards manual and interpretation guidelines for 23 behavioral health published by the Rehabilitation Accreditation Commission; 24 (H) the accreditation manual for mental health, chemical 25 dependency, mental retardation/developmental disabilities services, and other 26 health care facilities published by the Joint Commission on the Accreditation 27 of Health Care Organizations; 28 (I) the national shellfish sanitation program manual of 29 operations published by the federal Food and Drug Administration; 30 (J) the consumer price index published by the United States 31 Department of Labor; or
01 (3) that action is authorized under the statute under which the 02 regulation is being adopted. 03 (b) When the amended or revised version of a document or other material 04 incorporated by reference in a regulation as described in this subsection takes effect, 05 the state agency shall 06 (1) make the amended or revised version of the document or other 07 material available to the public; and 08 (2) publish in the Alaska Administrative Journal, within 15 days after 09 the effective date of the amended or revised version of the document or other material, 10 a notice that describes the affected regulation, the effective date of the amended or 11 revised version of the document or other material, and how a copy of the amended or 12 revised version may be obtained or reviewed. 13 (c) A person may request that a state agency place the person's name on a 14 distribution list to receive the notice described in (b)(2) of this section. If the state 15 agency is capable of providing the notice by electronic mail, the agency may allow a 16 person to request distribution of the notice by that means. 17 (d) A change in the form, format, or title in a future amended or revised 18 version of a document or other material incorporated by reference in a regulation under 19 this section does not affect the validity of the regulation or the adopting agency's 20 ability to enforce or implement the regulation. The agency shall notify the regulations 21 attorney in the Department of Law if the title of such a document or other material 22 changes; the regulations attorney shall correct the title in the Alaska Administrative 23 Code under AS 44.62.125. 24 * Sec. 8. AS 44.62.175(d) and 44.62.190(d) are repealed. 25 * Sec. 9. APPLICABILITY. The changes made by this Act do not apply to the adoption, 26 amendment, or repeal of a regulation unless the adoption, amendment, or repeal is first noticed 27 under AS 44.62.190 on or after the effective date of this Act.