03/28/2017 05:30 PM House STATE AFFAIRS

            HB 190-REGULATION ADOPTION/ORAL COMMENT                                                                         
5:56:33 PM                                                                                                                    
                                                                                                                                
CHAIR KREISS-TOMKINS  announced that  the next order  of business                                                               
would  be   HOUSE  BILL  NO.   190,  "An  Act  relating   to  the                                                               
presentation  of   oral  comments   on  the   proposed  adoption,                                                               
amendment, or repeal of regulations."                                                                                           
                                                                                                                                
5:56:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAVE   TALLERICO,  Alaska   State   Legislature,                                                               
presented  HB 190,  as prime  sponsor.   He paraphrased  from the                                                               
sponsor statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
          This legislation changes the Administrative                                                                           
     Procedure  Act   to  allow  for  oral   testimony  when                                                                    
     requested by  individuals. In  a time  of informational                                                                    
     technology and the  vast geography of the  state, it is                                                                    
     time to update this public  proceeding law. On the date                                                                    
     and at the time and  place designated in the notice the                                                                    
     agency shall  give each interested persons  or person's                                                                    
     authorized representative,  the opportunity  to present                                                                    
     orally to  that agency  about regulation  changes. This                                                                    
     includes   regulations  being   adopted,  amended,   or                                                                    
     repealed. This  does not include  emergency regulations                                                                    
     that are adopted for emergency purposes.                                                                                   
                                                                                                                                
     Currently, state  agencies and  boards are  required to                                                                    
     give notice about regulation changes,  but they are not                                                                    
     required  to listen  to  oral  testimony and  sometimes                                                                    
     only written testimony will be accepted.                                                                                   
                                                                                                                                
     This  legislation  requires  the  agency  or  board  to                                                                    
     provide an opportunity to give  a verbal testimony when                                                                    
     requested.   This  verbal   testimony   can  be   taken                                                                    
     telephonically at the time and  place designated by the                                                                    
     agency or board.                                                                                                           
                                                                                                                                
REPRESENTATIVE  TALERICO continued  by saying  that his  staff is                                                               
currently  working   with  the  Department  of   Law  (DOL),  the                                                               
Department  of   Commerce,  Community,  &   Economic  Development                                                               
(DCCE), and  the administration  to draft a  committee substitute                                                               
that is acceptable to all three.                                                                                                
                                                                                                                                
5:59:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  asked if  there  was  some occurrence  that                                                               
prompted introduction of the proposed legislation.                                                                              
                                                                                                                                
REPRESENTATIVE   TALERICO  replied   that  several   constituents                                                               
contacted  him regarding  a recent  meeting of  the Alaska  State                                                               
Medical Board  at which  they had wanted  to give  oral testimony                                                               
but did not have  the opportunity to do so.  He  was asked by the                                                               
constituents  why  they  could   not  give  testimony,  when  the                                                               
legislature and other  boards take testimony.   He suggested that                                                               
with the changes in technology,  the Administrative Procedure Act                                                               
may be outdated.                                                                                                                
                                                                                                                                
6:01:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH asked  Representative  Talerico to  explain                                                               
what constitutes testimony.   He asked if  email communication is                                                               
considered testimony.                                                                                                           
                                                                                                                                
REPRESENTATIVE TALERICO responded that  an email is an acceptable                                                               
form  of written  testimony.   He  noted  that emails  addressing                                                               
bills  and  other  topics  are  often  sent  to  legislators  and                                                               
committees.                                                                                                                     
                                                                                                                                
REPRESENTATIVE BIRCH  asked if  emails are  part of  the official                                                               
record; that is, what makes an  email a bonified component of the                                                               
testimony on proposed legislation?                                                                                              
                                                                                                                                
REPRESENTATIVE  TALERICO  expressed  his understanding  that  all                                                               
emailed testimony  on any issues  that the  legislature addresses                                                               
is listed on the Bill Action  & Status Inquiry System (BASIS) and                                                               
compiled for the historic record.                                                                                               
                                                                                                                                
[HB 190 was held over.]