CSHB 295(STA): "An Act relating to the publishing, furnishing, and contents of certain notices regarding regulations or rules of certain state agencies and entities; relating to distribution of the Alaska Administrative Code, Alaska Administrative Register, and supplements to the code or register; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 295(STA) 01 "An Act relating to the publishing, furnishing, and contents of certain notices regarding 02 regulations or rules of certain state agencies and entities; relating to distribution of the 03 Alaska Administrative Code, Alaska Administrative Register, and supplements to the 04 code or register; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 06.26.900(2) is amended to read: 07 (2) in addition to other authority in this chapter to adopt regulations, 08 adopt regulations necessary to interpret and implement this chapter, including 09 regulations providing for the retention and preservation of records; the requirement 10 of AS 44.62.190(a)(7) for newspaper or other publication of a notice of proposed 11 action does not apply to a notice for regulations proposed to be adopted under 12 this chapter; 13 * Sec. 2. AS 09.25.510 is amended by adding a new subsection to read: 14 (d) The requirement of AS 44.62.190(a)(7) for newspaper publication of a
01 notice of proposed action does not apply to a notice for regulations proposed to be 02 adopted by the lieutenant governor or a state agency under this section. 03 * Sec. 3. AS 14.25.022(c) is amended to read: 04 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 05 under this chapter, the Alaska Teachers' Retirement Board shall provide notice of the 06 action that is being considered. The notice shall be 07 (1) posted in public buildings throughout the state; 08 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 09 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 10 (3) furnished [MAILED] to each person or group that has filed a 11 request for notice of proposed action with the Alaska Teachers' Retirement Board; and 12 (4) furnished to each member of the legislature and to the Legislative 13 Affairs Agency. 14 * Sec. 4. AS 14.25.022(d) is amended to read: 15 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a 16 notice under (c) of this section requests that the Alaska Teachers' Retirement 17 Board mail the notice, the Alaska Teachers' Retirement Board shall furnish the 18 notice to the person by mail. Failure to furnish [MAIL] notice to a person as 19 required under this subsection or (c)(3) of this section does not invalidate an action 20 taken by the Alaska Teachers' Retirement Board. 21 * Sec. 5. AS 14.40.871(d) is amended to read: 22 (d) Except as provided in (e) of this section, at least 15 days before the 23 adoption of a regulation, the corporation shall give public notice of the proposed 24 action by publishing the notice in a newspaper [AT LEAST THREE 25 NEWSPAPERS] of general circulation in the state and by furnishing [MAILING] a 26 copy of the notice to every person who has filed a request for notice of proposed 27 regulations with the corporation. If a person who is to receive a notice under this 28 subsection requests that the corporation mail the notice, the corporation shall 29 furnish the notice to the person by mail. The public notice must include a statement 30 of the time, place, and nature of the proceedings for the adoption of the regulation and 31 must include an informative summary of the subject of the proposed action. On the
01 date and at the time and place designated in the notice, the corporation shall give each 02 interested person or an authorized representative of the person, or both, the 03 opportunity to present statements, arguments, or contentions orally or in writing and 04 shall give members of the public an opportunity to present oral statements, arguments, 05 or contentions for a total period of at least one hour. The corporation shall consider all 06 relevant matter presented to it before taking the proposed action on the regulation. At 07 a hearing under this subsection, the corporation may continue or postpone the hearing 08 to a time and place determined by the corporation and announced at the hearing before 09 taking the action to continue or postpone the hearing. A regulation adopted by the 10 corporation may vary from the informative summary specified in this subsection if the 11 subject matter of the action taken on the regulation remains the same and if the 12 original notice of the proposed action was written so as to assure that members of the 13 public are reasonably notified of the subject matter of the proposed action in order for 14 them to determine whether their interests could be affected by the corporation's 15 proposed action on that subject. 16 * Sec. 6. AS 18.56.088(d) is amended to read: 17 (d) Except as provided in (e) of this section, at least 15 days before the 18 adoption, amendment, or repeal of a regulation on a subject specified in (c)(1) - (4) of 19 this section, the board shall give public notice of the proposed action by publishing the 20 notice in a newspaper [AT LEAST THREE NEWSPAPERS] of general circulation in 21 the state and by furnishing [MAILING] a copy of the notice to every person who has 22 filed a request for notice of proposed regulations with the board or the corporation. If 23 a person who is to receive a notice under this subsection requests that the board 24 mail the notice, the board shall furnish the notice to the person by mail. The 25 public notice must include a statement of the time, place, and nature of the 26 proceedings for the adoption, amendment, or repeal of the regulation and must include 27 an informative summary of the proposed subject of the regulation. On the date and at 28 the time and place designated in the notice, the board shall give each interested person 29 or an authorized representative, or both, the opportunity to present statements, 30 arguments, or contentions in writing, and shall give members of the public an 31 opportunity to present oral statements, arguments, or contentions for a total period of
01 at least one hour. The board shall consider all relevant matter presented to it before 02 adopting, amending, or repealing a regulation. At a hearing under this subsection, the 03 board may continue or postpone the hearing to a time and place that it determines. A 04 regulation that is adopted, or its amendment or repeal, may vary in content from the 05 informative summary specified in this subsection if the subject matter of the 06 regulation, or its amendment or repeal, remains the same and the original notice was 07 written so as to assure that members of the public are reasonably notified of the 08 proposed subject of the board's action in order for them to determine whether their 09 interests could be affected by the board's action on that subject. 10 * Sec. 7. AS 21.06.090(a) is amended to read: 11 (a) The director may adopt reasonable regulations to effectuate this title. The 12 requirement of AS 44.62.190(a)(7) for newspaper or other publication of a notice 13 of proposed action does not apply to a notice for regulations proposed to be 14 adopted under this title. A regulation may not extend, modify, or conflict with any 15 law of this state or the reasonable implications thereof. Except for regulations adopted 16 under AS 21.06.250, a regulation affecting a person or matter other than the personnel 17 or the internal affairs of the director's office shall be adopted or amended only after a 18 hearing, of which notice was given as required by AS 21.06.200. If reasonably 19 possible, the director shall set out the proposed regulation or amendment in or with the 20 notice of hearing. A regulation or amendment as to which a hearing is required is not 21 effective until it has been on file as a public record in the director's office for at least 22 10 days. 23 * Sec. 8. AS 22.25.027(c) is amended to read: 24 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 25 under this chapter, the commissioner of administration shall provide notice of the 26 action that is being considered. The notice shall be 27 (1) posted in public buildings throughout the state; 28 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 29 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 30 (3) furnished [MAILED] to each person or group that has filed a 31 request for notice of proposed action with the commissioner of administration; and
01 (4) furnished to each member of the legislature and to the Legislative 02 Affairs Agency. 03 * Sec. 9. AS 22.25.027(d) is amended to read: 04 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a 05 notice under (c)(3) of this section requests that the commissioner of 06 administration mail the notice, the commissioner of administration shall furnish 07 the notice to the person by mail. Failure to furnish [MAIL] notice to a person as 08 required under this subsection or (c)(3) of this section does not invalidate an action 09 taken by the commissioner of administration. 10 * Sec. 10. AS 31.05.030(c) is amended to read: 11 (c) The commission shall adopt regulations and orders and take other 12 appropriate action to carry out the purposes of this chapter. The requirement of 13 AS 44.62.190(a)(7) for newspaper or other publication of a notice of proposed 14 action does not apply to a notice for regulations proposed to be adopted under 15 this chapter, including regulations under AS 31.05.040. 16 * Sec. 11. AS 38.05.180 is amended by adding a new subsection to read: 17 (ee) The requirement of AS 44.62.190(a)(7) for newspaper or other 18 publication of a notice of proposed action does not apply to a notice for regulations 19 proposed to be adopted to carry out this section. 20 * Sec. 12. AS 39.25.140(c) is amended to read: 21 (c) At least 30 days before the adoption, amendment, or repeal of a personnel 22 rule, the secretary to the personnel board shall provide notice that the personnel board 23 has the proposed action under consideration. The notice shall be 24 (1) posted in public buildings throughout the state; 25 (2) posted on the Alaska Online Public Notice System 26 (AS 44.62.175) [PUBLISHED IN ONE OR MORE NEWSPAPERS OF GENERAL 27 CIRCULATION THROUGHOUT THE STATE]; 28 (3) furnished [MAILED] to each person or group that filed a request 29 for notice of proposed action with the secretary to the personnel board; 30 (4) furnished to each member of the legislature and to the Legislative 31 Affairs Agency.
01 * Sec. 13. AS 39.25.140(f) is amended to read: 02 (f) Failure to furnish [MAIL] notice to a person as required in this section 03 does not invalidate an action taken by the personnel board. 04 * Sec. 14. AS 39.35.042(c) is amended to read: 05 (c) At least 30 days before the adoption, amendment, or repeal of a regulation 06 under this chapter, the board shall provide notice of the action that is being considered. 07 The notice shall be 08 (1) posted in public buildings throughout the state; 09 (2) published in a newspaper [ONE OR MORE NEWSPAPERS] of 10 general circulation in [EACH JUDICIAL DISTRICT OF] the state; 11 (3) furnished [MAILED] to each person or group that has filed a 12 request for notice of proposed action with the board; and 13 (4) furnished to each member of the legislature and to the Legislative 14 Affairs Agency. 15 * Sec. 15. AS 39.35.042(d) is amended to read: 16 (d) Notwithstanding (c)(3) of this section, if a person who is to receive a 17 notice under (c)(3) of this section requests that the board mail the notice, the 18 board shall furnish the notice to the person by mail. Failure to furnish [MAIL] 19 notice to a person as required under this subsection or (c)(3) of this section does not 20 invalidate an action taken by the board. 21 * Sec. 16. AS 42.06.140(a) is amended to read: 22 (a) The commission 23 (1) shall regulate pipelines and pipeline carriers in the state; 24 (2) may investigate upon complaint or its own motion, the rates, 25 classifications, rules, regulations, prices, services, practices, and facilities of pipeline 26 carriers, and the performance of obligations under and compliance with the terms of 27 leases issued by the state; 28 (3) may make, prescribe, or require just, fair, and reasonable rates, 29 classifications, regulations, practices, services, and facilities for pipeline carriers; 30 (4) may require pipeline carriers and affiliated interests to file with the 31 commission reports and other information and data required or permitted to be
01 required by other provisions of this chapter; 02 (5) may adopt regulations that are necessary and proper to the 03 performance of its duties under this chapter, including regulations governing practices 04 and procedures of the commission; the regulations may not be inconsistent with state 05 law; the requirement of AS 44.62.190(a)(7) for newspaper or other publication of 06 a notice of proposed action does not apply to a notice for regulations proposed to 07 be adopted under this chapter; 08 (6) shall, during normal business hours, have access to and may 09 designate any of its employees, agents, or consultants to inspect and examine the 10 accounts, financial and property records, books, maps, inventories, appraisals, 11 valuations, and related reports kept by a pipeline carrier, or kept for it by others, that 12 directly affect the interests of the state and directly relate to pipelines located in the 13 state; 14 (7) may initiate, intervene in, and appear personally or by counsel and 15 offer evidence in and participate in, any proceedings involving a pipeline carrier, and 16 affecting the interests of the state, before any officer, department, board, commission, 17 or court of this state; 18 (8) shall require permits for the construction, enlargement in size or 19 operating capacity, extension, connection and interconnection, operation, or 20 abandonment of any oil or gas pipeline facility or facilities, subject to necessary and 21 reasonable terms, conditions, and limitations; 22 (9) may prescribe the system of accounts and regulate the service of an 23 oil or gas pipeline facility; 24 (10) shall provide all reasonable assistance to the Department of Law 25 in intervening in, offering evidence in, and participating in proceedings involving a 26 pipeline carrier or affiliated interest and affecting the interests of the state, before an 27 officer, department, board, commission, or court of another state or the United States. 28 * Sec. 17. AS 42.40.180(a) is amended to read: 29 (a) The board shall adopt rules to carry out its functions and the purposes of 30 this chapter, including rules to safeguard property owned, managed, or transported by 31 the corporation and to protect employees and persons using the corporation's property
01 or services. At least 15 days before the adoption of a rule, the board shall give public 02 notice of the proposed action by publishing a notice in a newspaper [AT LEAST 03 THREE NEWSPAPERS] of general circulation in the state and by furnishing 04 [MAILING] a copy of the notice to each person who has requested notice of proposed 05 changes to rules. The notice must state the time, place, and nature of the proceedings 06 and must contain a summary of the subject of the proposed rule. 07 * Sec. 18. AS 42.40.200(a) is amended to read: 08 (a) If a person who is to receive a notice under AS 42.40.180(a) or 09 42.40.190(a) requests that the board mail the notice, the board shall furnish the 10 notice to the person by mail. Failure to furnish [MAIL] notice to a person under 11 this subsection, AS 42.40.180(a), or 42.40.190(a) does not invalidate an action taken 12 by the board. 13 * Sec. 19. AS 43.20.160(c) is amended to read: 14 (c) The department shall prescribe and furnish all necessary forms, and adopt 15 and publish all necessary regulations in plain and concise language conformable with 16 this chapter for the assessment and collection of the taxes imposed by this chapter. 17 The department shall apply as far as practicable the administrative and judicial 18 interpretations of the federal income tax law. The department shall also prepare a 19 concise statement of the contents of the code sections referred to in this chapter for the 20 information of the taxpayer and make them available to the taxpayer making a return. 21 The requirement of AS 44.62.190(a)(7) for newspaper or other publication of a 22 notice of proposed action does not apply to a notice for regulations proposed to 23 be adopted to administer AS 43.20.072. 24 * Sec. 20. AS 43.56.200 is amended to read: 25 Sec. 43.56.200. Regulations. The board and the department may adopt 26 regulations under AS 44.62 (Administrative Procedure Act) as appropriate to carry out 27 their respective duties under this chapter. The requirement of AS 44.62.190(a)(7) 28 for newspaper or other publication of a notice of proposed action does not apply 29 to a notice for regulations proposed to be adopted under this section. 30 * Sec. 21. AS 44.62.140 is amended to read: 31 Sec. 44.62.140. Distribution of code and register. Upon the request of the
01 clerk of a local government unit for a paper or an electronic copy of [THE 02 LIEUTENANT GOVERNOR SHALL SUPPLY] a complete set of the Alaska 03 Administrative Code, and of the Alaska Administrative Register, and of each 04 supplement to the code or register, and payment of the costs described in (b) of this 05 section, the lieutenant governor shall supply the requested copy to the clerk of the 06 [EACH] local government unit, or, if the authority to accept filings is delegated, to the 07 person to whom this authority is delegated. 08 * Sec. 22. AS 44.62.140 is amended by adding a new subsection to read: 09 (b) Upon receipt of a request under (a) of this section, the lieutenant governor 10 shall inform the requesting clerk of the costs, including mailing costs, of complying 11 with the local government unit's request. 12 * Sec. 23. AS 44.62.190(a) is amended to read: 13 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 14 a state agency 15 (1) shall post a notice of the proposed action [SHALL BE (1) 16 PUBLISHED IN THE NEWSPAPER OF GENERAL CIRCULATION OR TRADE 17 OR INDUSTRY PUBLICATION THAT THE STATE AGENCY PRESCRIBES 18 AND POSTED] on the Alaska Online Public Notice System; [IN THE DISCRETION 19 OF THE STATE AGENCY GIVING THE NOTICE, THE REQUIREMENT OF 20 PUBLICATION IN A NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION 21 MAY BE SATISFIED BY USING A COMBINATION OF PUBLICATION AND 22 BROADCASTING; WHEN BROADCASTING THE NOTICE, AN AGENCY MAY 23 USE AN ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST 24 PROVIDES THE NAME AND DATE OF THE NEWSPAPER OR TRADE OR 25 INDUSTRY JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA 26 ONLINE PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE 27 NOTICE CAN BE FOUND;] 28 (2) shall furnish the notice of the proposed action [FURNISHED] to 29 every person who has filed a request for notice of proposed action with the state 30 agency; 31 (3) shall, if the agency is within a department, furnish the notice of
01 the proposed action [FURNISHED] to the commissioner of the department; 02 (4) shall, when appropriate in the judgment of the agency, 03 (A) furnish the notice of the proposed action [FURNISHED] 04 to a person or group of persons whom the agency believes is interested in the 05 proposed action; and 06 (B) publish the notice of the proposed action [PUBLISHED] 07 in the additional form and manner the state agency prescribes; 08 (5) shall furnish the notice of the proposed action [FURNISHED] to 09 the Department of Law together with a copy of the proposed regulation, amendment, 10 or order of repeal for the department's use in preparing the opinion required after 11 adoption and before filing by AS 44.62.060; 12 (6) shall furnish the notice of the proposed action [FURNISHED] 13 by electronic format, if the state agency has the technological capability, to all 14 incumbent State of Alaska legislators, and furnish the notice [FURNISHED] to the 15 Legislative Affairs Agency; if the state agency does not have the technological 16 capability to furnish the notice by electronic format to the legislators, the state agency 17 shall furnish the notice to the legislators by other means; 18 (7) shall publish an abbreviated form of the notice of the proposed 19 action in a newspaper of general circulation or trade or industry publication that 20 the state agency giving the notice prescribes; and 21 (8) may broadcast an abbreviated form of the notice of the 22 proposed action. 23 * Sec. 24. AS 44.62.200 is repealed and reenacted to read: 24 Sec. 44.62.200. Contents of notice. (a) The notice of proposed adoption, 25 amendment, or repeal of a regulation that is posted on the Alaska Online Public Notice 26 System and that is furnished under AS 44.62.190(a)(2) - (6) must include 27 (1) a statement of the time, place, and nature of proceedings for 28 adoption, amendment, or repeal of the regulation; 29 (2) reference to the authority under which the regulation is proposed 30 and a reference to the particular code section or other provisions of law that are being 31 implemented, interpreted, or made specific;
01 (3) an informative summary of the proposed subject of agency action; 02 (4) other matters prescribed by a statute applicable to the specific 03 agency or to the specific regulation or class of regulations; and 04 (5) a summary of the fiscal information required to be prepared under 05 AS 44.62.195. 06 (b) The abbreviated form of the notice of proposed action that is published in a 07 newspaper of general circulation or trade or industry publication, or that is broadcast, 08 under AS 44.62.190(a)(7) or (8) must include 09 (1) a statement of the time, place, and nature of the proceedings for 10 adoption, amendment, or repeal of the regulation; 11 (2) a reference to the particular code section or other provisions of law 12 that are being implemented, interpreted, or made specific; 13 (3) a brief general description of the proposed subject of agency 14 action; and 15 (4) a statement of how more detailed information may be obtained, 16 including 17 (A) the Internet address of the Alaska Online Public Notice 18 System where the full text of the notice of proposed action can be found; and 19 (B) the name, telephone number, and electronic and mailing 20 addresses of the contact person for the state agency through whom a person 21 may request a copy of the full text of the notice of, or submit comments on, the 22 proposed action. 23 (c) A regulation that is adopted, amended, or repealed may vary in content 24 from the summary specified in (a)(3) of this section, or the brief general description 25 specified in (b)(3) of this section, if the subject matter of the regulation remains the 26 same and the original notice was written so as to assure that members of the public are 27 reasonably notified of the proposed subject of agency action in order for them to 28 determine whether their interests could be affected by agency action on that subject. 29 * Sec. 25. AS 44.88.085(d) is amended to read: 30 (d) Except as provided in (e) of this section, at least 15 days before the 31 adoption, amendment, or repeal of a regulation, the authority shall give public notice
01 of the proposed action by publishing the notice in a newspaper [AT LEAST THREE 02 NEWSPAPERS] of general circulation in the state and by furnishing [MAILING] a 03 copy of the notice to every person who has filed a request for notice of proposed 04 regulations with the authority. If a person who is to receive a notice under this 05 subsection requests that the authority mail the notice, the authority shall furnish 06 the notice to the person by mail. The public notice must include a statement of the 07 time, place, and nature of the proceedings for the adoption, amendment, or repeal of 08 the regulation and must include an informative summary of the subject of the proposed 09 action. On the date and at the time and place designated in the notice, the authority 10 shall give each interested person or an authorized representative of the person, or both, 11 the opportunity to present statements, arguments, or contentions orally or in writing 12 and shall give members of the public an opportunity to present oral statements, 13 arguments, or contentions for a total period of at least one hour. The authority shall 14 consider all relevant matter presented to it before taking the proposed action on the 15 regulation. At a hearing under this subsection, the authority may continue or postpone 16 the hearing to a time and place determined by the authority and announced at the 17 hearing before taking the action to continue or postpone the hearing. A regulation 18 adopted, amended, or repealed by the authority may vary from the informative 19 summary specified in this subsection if the subject matter of the action taken on the 20 regulation remains the same and if the original notice of the proposed action was 21 written so as to assure that members of the public are reasonably notified of the 22 subject matter of the proposed action in order for them to determine whether their 23 interests could be affected by the authority's proposed action on that subject. 24 * Sec. 26. AS 45.55.960 is amended to read: 25 Sec. 45.55.960. Administrative Procedure Act applies. AS 44.62 26 (Administrative Procedure Act) applies to all regulations adopted or authorized under 27 this chapter, except that the requirement of AS 44.62.190(a)(7) for newspaper or 28 other publication of a notice of proposed action does not apply to a notice for 29 regulations proposed to be adopted under this chapter. 30 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. The changes made by this Act do not apply to the adoption, 02 amendment, or repeal of an agency regulation or rule unless notice of the proposed adoption, 03 amendment, or repeal is first provided to the public in accordance with law on or after the 04 effective date of this Act. 05 * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).