Enrolled HB 168: Relating to regulation notice and review by the legislature; and relating to the Administrative Regulation Review Committee.
00Enrolled HB 168 01 Relating to regulation notice and review by the legislature; and relating to the Administrative 02 Regulation Review Committee. 03 _______________ 04 * Section 1. AS 16.43.120(b) is amended to read: 05 (b) AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] and 44.62.640 apply 06 to regulations adopted by the commission. 07 * Sec. 2. AS 18.56.088(a) is amended to read: 08 (a) Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), AS 44.62 09 (Administrative Procedure Act) does not apply to this chapter. The corporation shall 10 make available to members of the public copies of the regulations adopted under (b) - 11 (e) of this section. [WITHIN 45 DAYS AFTER ADOPTION, THE CHAIRMAN OF 12 THE BOARD SHALL SUBMIT A REGULATION ADOPTED UNDER (b) - (e) OF 13 THIS SECTION TO THE CHAIRMAN OF THE ADMINISTRATIVE 14 REGULATION REVIEW COMMITTEE UNDER AS 24.20.400 - 24.20.460.]
01 * Sec. 3. AS 24.05.182(a) is amended to read: 02 (a) A standing committee of the legislature may, consistent with the 03 committee's jurisdiction as provided in the uniform rules of the legislature, 04 [FURNISHED NOTICE OF A PROPOSED ACTION UNDER AS 44.62.190 05 SHALL] review a [THE] proposed or adopted regulation, amendment of a regulation, 06 or repeal of a regulation [BEFORE THE DATE THE REGULATION IS 07 SCHEDULED BY THE DEPARTMENT OR AGENCY TO BE ADOPTED, 08 AMENDED, OR REPEALED]. 09 * Sec. 4. AS 24.08.060(b) is amended to read: 10 (b) Bills introduced by the legislative council shall be delivered with a letter of 11 explanation to the rules committee of either house and bear the inscription "Rules 12 Committee by Request of the Legislative Council"; [BILLS INTRODUCED BY THE 13 ADMINISTRATIVE REGULATION REVIEW COMMITTEE SHALL BE 14 DELIVERED WITH A LETTER OF EXPLANATION TO THE RULES 15 COMMITTEE OF EITHER HOUSE AND BEAR THE INSCRIPTION "RULES 16 COMMITTEE BY REQUEST OF THE ADMINISTRATIVE REGULATION 17 REVIEW COMMITTEE";] bills introduced by the Legislative Budget and Audit 18 Committee shall be delivered with a letter of explanation to the rules committee of 19 either house and bear the inscription "Rules Committee by Request of the Legislative 20 Budget and Audit Committee"; bills [COMMITTEE." BILLS] presented by the 21 governor shall be delivered with a letter to the rules committee of either house and 22 bear the inscription "Rules Committee by Request of the Governor"; bills so presented 23 and inscribed shall be received as bills carrying the approval of the governor as to 24 policy and budget impact. The governor may submit a statement of purpose and effect 25 with each bill and appear personally or through a representative before any committee 26 considering legislation. 27 * Sec. 5. AS 26.27.110(b) is amended to read: 28 (b) Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), the provisions 29 of AS 44.62 (Administrative Procedure Act) regarding the adoption of regulations do 30 not apply to the corporation. The corporation shall make available to members of the 31 public copies of the regulations adopted under this section. [WITHIN 45 DAYS
01 AFTER ADOPTION OF A REGULATION UNDER THIS SECTION, THE CHAIR 02 OF THE CORPORATION SHALL SUBMIT THE REGULATION ADOPTED TO 03 THE CHAIR OF THE ADMINISTRATIVE REGULATION REVIEW 04 COMMITTEE UNDER AS 24.20.400 - 24.20.460.] 05 * Sec. 6. AS 30.17.120 is amended to read: 06 Sec. 30.17.120. Administrative procedure. The provisions of the 07 Administrative Procedure Act regarding the adoption of regulations under 08 AS 44.62.040 - 44.62.319 [AS 44.62.040 - 44.62.320] apply to the authority. 09 * Sec. 7. AS 31.25.130(a) is amended to read: 10 (a) Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), AS 44.62 11 (Administrative Procedure Act) does not apply to this chapter. The corporation shall 12 make available to members of the public copies of the regulations adopted under (b) - 13 (e) of this section. [WITHIN 45 DAYS AFTER ADOPTION, THE CHAIR OF THE 14 BOARD SHALL SUBMIT A REGULATION ADOPTED UNDER (b) - (e) OF THIS 15 SECTION TO THE CHAIR OF THE ADMINISTRATIVE REGULATION REVIEW 16 COMMITTEE UNDER AS 24.20.400 - 24.20.460.] 17 * Sec. 8. AS 37.13.206(g) is amended to read: 18 (g) A regulation adopted under this section takes effect immediately upon its 19 adoption by the board or at another time specified in the order of adoption. The 20 regulation shall be submitted to the lieutenant governor for publication in the Alaska 21 Administrative Code and Register. [WITHIN 45 DAYS AFTER ADOPTION OF A 22 REGULATION UNDER THIS SECTION, THE CORPORATION SHALL 23 PROVIDE A COPY OF THE ADOPTED REGULATION TO THE CHAIR OF THE 24 ADMINISTRATIVE REGULATION REVIEW COMMITTEE (AS 24.20.400).] 25 * Sec. 9. AS 38.35.190(a) is amended to read: 26 (a) AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320], 44.62.640, and 27 44.62.950 apply to regulations adopted by the commissioner under the authority of 28 this chapter. 29 * Sec. 10. AS 42.40.920(b) is amended to read: 30 (b) Unless specifically provided otherwise in this chapter, the following laws 31 do not apply to the operations of the corporation:
01 (1) AS 19; 02 (2) AS 30.15; 03 (3) AS 35; 04 (4) AS 36.30, except as specifically provided in that chapter; 05 (5) AS 37.05, except as specifically provided in AS 37.05.210; 06 (6) AS 37.07; 07 (7) AS 37.10.010 - 37.10.060; 08 (8) AS 37.10.085; 09 (9) AS 37.20; 10 (10) AS 37.25; 11 (11) AS 38; 12 (12) AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320]. 13 * Sec. 11. AS 44.62.020 is amended to read: 14 Sec. 44.62.020. Authority to adopt, administer, or enforce regulations. 15 Except for the authority conferred on [UPON] the lieutenant governor in 16 AS 44.62.130 - 44.62.170, AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] do 17 not confer authority on [UPON] or augment the authority of a state agency to adopt, 18 administer, or enforce a regulation. To be effective, each regulation adopted must be 19 within the scope of authority conferred and in accordance with standards prescribed by 20 other provisions of law. 21 * Sec. 12. AS 44.62.040(c) is amended to read: 22 (c) Before submitting the regulations and orders of repeal to the lieutenant 23 governor under (a) of this section, every state agency that by statute possesses 24 regulation making authority, except the Regulatory Commission of Alaska, the Board 25 of Fisheries, the Board of Game, the Alaska Oil and Gas Conservation Commission, 26 the office of victims' rights, and the office of the ombudsman, shall submit to the 27 governor for review a copy of every regulation or order of repeal adopted by the 28 agency, except regulations and orders of repeal identified in (a)(1) and (2) of this 29 section. The governor may review the regulations and orders of repeal received under 30 this subsection. The governor may return the regulations and orders of repeal to the 31 adopting agency before they are submitted to the lieutenant governor for filing under
01 (a) of this section within 30 days [(1)] if they are inconsistent with the faithful 02 execution of the laws [, OR (2) TO ENABLE THE ADOPTING AGENCY TO 03 RESPOND TO SPECIFIC ISSUES RAISED BY THE ADMINISTRATIVE 04 REGULATION REVIEW COMMITTEE]. The governor may not delegate the 05 governor's review authority under this subsection to a person other than the lieutenant 06 governor. 07 * Sec. 13. AS 44.62.190(a) is amended to read: 08 (a) At least 30 days before the adoption, amendment, or repeal of a regulation, 09 notice of the proposed action shall be 10 (1) published in the newspaper of general circulation or trade or 11 industry publication that the state agency prescribes and posted on the Alaska Online 12 Public Notice System; in the discretion of the state agency giving the notice, the 13 requirement of publication in a newspaper or trade or industry publication may be 14 satisfied by using a combination of publication and broadcasting; when broadcasting 15 the notice, an agency may use an abbreviated form of the notice if the broadcast 16 provides the name and date of the newspaper or trade or industry journal and the 17 Internet address of the Alaska Online Public Notice System where the full text of the 18 notice can be found; 19 (2) furnished to every person who has filed a request for notice of 20 proposed action with the state agency; 21 (3) if the agency is within a department, furnished to the commissioner 22 of the department; 23 (4) when appropriate in the judgment of the agency, 24 (A) furnished to a person or group of persons whom the agency 25 believes is interested in the proposed action; and 26 (B) published in the additional form and manner the state 27 agency prescribes; 28 (5) furnished to the Department of Law together with a copy of the 29 proposed regulation, amendment, or order of repeal for the department's use in 30 preparing the opinion required after adoption and before filing by AS 44.62.060; 31 (6) furnished by electronic format to all incumbent State of Alaska
01 legislators [, AND FURNISHED TO THE LEGISLATIVE AFFAIRS AGENCY; 02 (7) FURNISHED BY ELECTRONIC FORMAT, ALONG WITH A 03 COPY OF THE PROPOSED REGULATION, AMENDMENT, OR ORDER OF 04 REPEAL, AS REQUIRED BY AS 24.20.105(c)]. 05 * Sec. 14. AS 44.62.245(c) is amended to read: 06 (c) The state agency shall also send the notice described in (b)(2) of this 07 section to 08 (1) a person who has placed the person's name on a distribution list 09 kept by the agency that lists persons who want to receive the notice; the agency may 10 allow a person to request that distribution of the notice be by electronic means and 11 shall honor that request if appropriate means are available; and 12 (2) the regulations attorney in the Department of Law [; AND 13 (3) THE MEMBERS OF THE ADMINISTRATIVE REGULATION 14 REVIEW COMMITTEE]. 15 * Sec. 15. AS 44.62.290(a) is amended to read: 16 (a) AS 44.62.180 - 44.62.290 do not apply to a regulation not required to be 17 submitted to the lieutenant governor under AS 44.62.010 - 44.62.319 [AS 44.62.010 - 18 44.62.320]. 19 * Sec. 16. AS 44.62.300(a) is amended to read: 20 (a) An interested person may get a judicial declaration on the validity of a 21 regulation by bringing an action for declaratory relief in the superior court. In addition 22 to any other ground the court may declare the regulation invalid 23 (1) for a substantial failure to comply with AS 44.62.010 - 44.62.319 24 [AS 44.62.010 - 44.62.320]; or 25 (2) in the case of an emergency regulation or order of repeal, upon the 26 ground that the facts recited in the statement do not constitute an emergency under 27 AS 44.62.250. 28 * Sec. 17. AS 44.62.640(a) is amended to read: 29 (a) In AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320], unless the 30 context otherwise requires, 31 (1) "lieutenant governor" means the office of the lieutenant governor in
01 the executive branch of the state government, or another agency designated by 02 executive order under the constitution; 03 (2) "order of repeal" means a resolution, order, or other official act of a 04 state agency that expressly repeals a regulation in whole or in part; 05 (3) "regulation" means every rule, regulation, order, or standard of 06 general application or the amendment, supplement, or revision of a rule, regulation, 07 order, or standard adopted by a state agency to implement, interpret, or make specific 08 the law enforced or administered by it, or to govern its procedure, except one that 09 relates only to the internal management of a state agency; "regulation" does not 10 include a form prescribed by a state agency or instructions relating to the use of the 11 form, but this provision is not a limitation on [UPON] a requirement that a regulation 12 be adopted under this chapter when one is needed to implement the law under which 13 the form is issued; "regulation" includes "manuals," "policies," "instructions," "guides 14 to enforcement," "interpretative bulletins," "interpretations," and the like, that have the 15 effect of rules, orders, regulations, or standards of general application, and this and 16 similar phraseology may not be used to avoid or circumvent this chapter; whether a 17 regulation, regardless of name, is covered by this chapter depends in part on whether it 18 affects the public or is used by the agency in dealing with the public; 19 (4) "state agency" means a department, office, agency, or other 20 organizational unit of the executive branch, except one expressly excluded by law, but 21 does not include an agency in the judicial or legislative branches of the state 22 government. 23 * Sec. 18. AS 44.62.710(a) is amended to read: 24 (a) The purpose of AS 44.62.710 - 44.62.800 is to establish a framework for 25 the conduct of negotiated regulation making consistent with AS 44.62.010 - 44.62.319 26 [AS 44.62.010 - 44.62.320]. Negotiated regulation making is not a substitute for the 27 requirements of AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] but may be 28 used as a supplemental procedure to permit the direct participation of affected interests 29 in the development of new regulations or the amendment or repeal of existing 30 regulations. A consensus agreement reached by a negotiated regulation making 31 committee may be modified by an agency head as a result of the subsequent regulation
01 making process. AS 44.62.710 - 44.62.800 may not be construed as an attempt to limit 02 innovation and experimentation with the negotiated regulation making process or to 03 limit other means to obtain public participation in the regulation making process. 04 * Sec. 19. AS 44.62.720(a) is amended to read: 05 (a) In addition to the regulation adoption requirements under AS 44.62.010 - 06 44.62.319 [AS 44.62.010 - 44.62.320], an agency head may determine that the use of a 07 negotiated regulation making committee to negotiate and develop a proposed 08 regulation is in the public interest. In making that determination, the agency head is 09 advised to consider whether 10 (1) there is a need for a regulation, including whether any legal action 11 is pending that might resolve the need; 12 (2) there are a limited number of identifiable interests that are held by 13 more than one person and that will be significantly affected by the regulation; 14 (3) there is a reasonable likelihood that a committee can be convened 15 with a balanced representation of persons who 16 (A) can adequately represent the interests identified under (2) 17 of this section; and 18 (B) are willing to negotiate in good faith to reach a consensus 19 on the proposed regulation; 20 (4) there is a reasonable likelihood that a committee will reach a 21 consensus on the proposed regulation within a fixed period of time; 22 (5) the negotiated regulation making procedure will not unreasonably 23 delay the adoption of the final regulation; 24 (6) the agency has adequate resources and is willing to commit those 25 resources, including technical assistance, to the committee; and 26 (7) the agency head, to the maximum extent possible consistent with 27 the legal or other obligations of the agency, will use the consensus of the committee as 28 the basis for the regulation proposed by the agency under AS 44.62.010 - 44.62.319 29 [AS 44.62.010 - 44.62.320]. 30 * Sec. 20. AS 44.62.740(e) is amended to read: 31 (e) A negotiated regulation making committee terminates upon adoption under
01 AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] of the final regulation under 02 consideration unless the agency head specifies an earlier termination date. 03 * Sec. 21. AS 44.62.790 is amended to read: 04 Sec. 44.62.790. Relationship to other requirements. The negotiated 05 regulation making authorized by AS 44.62.710 - 44.62.800 is in addition to the 06 procedures required under AS 44.62.010 - 44.62.319 [AS 44.62.010 - 44.62.320] for 07 adopting, amending, or repealing regulations, and, if an agency head decides to use 08 negotiated regulation making, the negotiated regulation making shall, where possible, 09 occur before the procedures under AS 44.62.010 - 44.62.319 [AS 44.62.010 - 10 44.62.320] begin. 11 * Sec. 22. AS 44.88.085(a) is amended to read: 12 (a) Except for AS 44.62.310 - 44.62.319 (Open Meetings Act), the provisions 13 of the Administrative Procedure Act regarding the adoption of regulations 14 (AS 44.62.040 - 44.62.319) [(AS 44.62.040 - 44.62.320)] do not apply to the 15 authority. The authority shall make available to members of the public copies of the 16 regulations adopted under this section. [WITHIN 45 DAYS AFTER ADOPTION OF 17 A REGULATION UNDER THIS SECTION, THE CHAIRMAN OF THE 18 AUTHORITY SHALL SUBMIT THE REGULATION ADOPTED TO THE 19 CHAIRMAN OF THE ADMINISTRATIVE REGULATION REVIEW 20 COMMITTEE UNDER AS 24.20.400 - 24.20.460.] 21 * Sec. 23. AS 24.05.182(b), 24.05.182(c), 24.05.182(d); AS 24.08.035(f)(2); AS 24.20.105, 22 24.20.400, 24.20.410, 24.20.420, 24.20.430, 24.20.440, 24.20.445, 24.20.450, 24.20.460; 23 AS 40.25.120(a)(11); and AS 44.62.320 are repealed.