00                            HOUSE BILL NO. 158                                                                          
01 "An Act relating to the criteria for the adoption of regulations and to the relationship                                
02 between a regulation and its enabling statute; and providing for an effective date."                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 44.62.020 is amended to read:                                                                     
05            Sec. 44.62.020.  Authority to adopt, administer, or enforce regulations.                                   
06       Except for the authority conferred upon the lieutenant governor in AS 44.62.130 -                                 
07       44.62.170, AS 44.62.010 - 44.62.320 do not confer authority upon or augment the                                   
08       authority of a state agency to adopt, administer, or enforce a regulation.  To be                                 
09       effective, each regulation adopted must be within the scope of authority conferred by                         
10       the statute under which the regulation is adopted and in accordance with standards                            
11       prescribed by other provisions of law.                                                                            
12    * Sec. 2.  AS 44.62.030 is amended to read:                                                                        
13            Sec. 44.62.030.  Relationship [CONSISTENCY] between regulation and                                       
14       statute.  The authority to adopt a regulation must be clearly and expressly                                 

01       conferred by statute.  If, by express [OR IMPLIED] terms of a statute, a state agency                         
02       has authority to adopt regulations to implement, interpret, make specific, or otherwise                       
03       carry out the provisions of the statute, a regulation adopted is not valid or effective                           
04       unless                                                                                                            
05                 (1)  the subject of the regulation and the treatment of the subject of                              
06       the regulation are clearly authorized and not just implied by the statute;                                    
07                 (2)  the regulation is consistent with the statute that the regulation                          
08       purports to implement, interpret, make specific, or otherwise carry out; and                                  
09                 (3)  the regulation is reasonably necessary to carry out the purpose of                             
10       the statute.                                                                                                      
11    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       APPLICABILITY.  This Act applies to the adoption or amendment of a regulation if                                  
14 the original notice under AS 44.62.190 of the adoption or amendment of the regulation is                                
15 given on or after the effective date of this Act.                                                                       
16    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).