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