04/05/2012 09:00 AM Senate STATE AFFAIRS

           HB 169-LAA REVIEW OF PROPOSED REGULATIONS                                                                        
                                                                                                                                
9:56:42 AM                                                                                                                    
CHAIR  WIELECHOWSKI   announced  that  HB  169   was  before  the                                                               
committee. It addresses the Legislative  Affairs Agency review of                                                               
regulations.                                                                                                                    
                                                                                                                                
MELANIE LESH, staff  to Representative Carl Gatto,  noted she was                                                               
representing the  House Judiciary  Committee, sponsor of  HB 169.                                                               
She pointed out  that HB 169 is unopposed  and not controversial.                                                               
She explained  that the  bill corrects two  minor problems  in an                                                               
otherwise functioning regulation review  system. She related that                                                               
statutes covering  Legislative Legal Services review  of proposed                                                               
agency regulations, which are under  AS 24.20.105, are subject to                                                               
Administrative   Regulations   Review  and   the   Administrative                                                               
Procedures Act under AS 44.62.                                                                                                  
                                                                                                                                
She explained  that the legislative review  of statutes currently                                                               
lists those  who can request  a review of regulations  from Legal                                                               
Services. They  are a  standing committee,  Administrative Review                                                               
Committee, and  Legislative Council. The same  statues also limit                                                               
those who Legal  Services is allowed to notify of  the results of                                                               
the  review.  Those  are  the  Administrative  Review  Committee,                                                               
President of  the Senate, and  Speaker of the House.  Those lists                                                               
do not match.                                                                                                                   
                                                                                                                                
She stated that Legal Services  can only notify those entities if                                                               
the regulations  fail to meet  the statutory standards.  The bill                                                               
adds the  committee or council  that requested the review  to the                                                               
list of those  who can receive the notice. Also,  the bill allows                                                               
if  the regulation  implements newly  enacted legislation,  Legal                                                               
Services may consult  with, and notify, the prime  sponsor of the                                                               
legislation.                                                                                                                    
                                                                                                                                
She concluded that the bill  also allows Legal Services to notify                                                               
the requester that the regulations meet the statutory standards.                                                                
                                                                                                                                
9:59:13 AM                                                                                                                    
LISA  KIRSCH, Attorney,  Legislative Legal  Services, Legislative                                                               
Affairs Agency, answered questions related to HB 169.                                                                           
                                                                                                                                
CHAIR WIELECHOWSKI  asked if  the bill  was necessary  and solves                                                               
problems.                                                                                                                       
                                                                                                                                
MS.  KIRSCH  recalled  her  experience  with  the  Administrative                                                               
Regulation Review Committee. She opined  that HB 169 does correct                                                               
a problem. She explained that  there are three factors considered                                                               
under subsection  (d) of the  provision being amended.  It allows                                                               
for looking  at legality,  constitutionality, whether  the agency                                                               
that is  preparing the regulations  has statutory  authority, and                                                               
whether the  regulations are  consistent with  existing statutes.                                                               
There is  also a fourth  factor under subsection (f),  whether it                                                               
is consistent  with legislative  intent. In  the context  of that                                                               
particular  concern, it  was determined  that the  sponsor should                                                               
know about the changes in regulation.                                                                                           
                                                                                                                                
She  said HB  169 makes  good  sense. She  further explained  the                                                               
needed change to  share regulation changes with  the committee or                                                               
council that requested the review.                                                                                              
                                                                                                                                
CHAIR WIELECHOWSKI  noted he was  a member of  the Administrative                                                               
Regulations Review Committee which approved of these changes.                                                                   
                                                                                                                                
CHAIR  WIELECHOWSKI  closed public  testimony.  He  noted a  zero                                                               
fiscal note and  another committee referral for the  bill. He set                                                               
HB 169 aside.