04/03/2012 09:00 AM Senate STATE AFFAIRS

         HB 216-REGULATIONS: INFORMATIVE SUMMARY/BILLS                                                                      
                                                                                                                                
10:05:03 AM                                                                                                                   
CHAIR  WIELECHOWSKI  announced  that  the next  bill  before  the                                                               
committee  would be  HB  216, which  would  set expectations  for                                                               
completion of  regulations and  make explanations  of regulations                                                               
clearly understandable in "plain English."                                                                                      
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, sponsor  of HB 216,  introduced the                                                               
bill. She  related that bill  deals with two  frustrating issues,                                                               
regulations not being written in  a timely manner and regulations                                                               
not being easily  understood. She used HB 110 as  an example. The                                                               
bill  would  ensure that  regulations  are  adopted in  a  timely                                                               
manner and are explained in plain English.                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON  explained that Section 1  will ensure that                                                               
state regulations are  completed and adopted in  a timely manner.                                                               
Section 2  will ensure  that all new  regulations and  changes to                                                               
current  regulations are  accompanied by  a brief  description in                                                               
plain English.                                                                                                                  
                                                                                                                                
She listed  the key points  in HB 216.  Section 1 -  the deadline                                                               
for adopting,  amending, or repealing  regulations is set  by the                                                               
department or agency, not by  the legislature. The timeframe will                                                               
be listed on  the fiscal note by the department.  If the deadline                                                               
is not met,  the department must report to  the Regulation Review                                                               
Committee.  State boards  and commissions  are  exempt from  this                                                               
provision except for the Alaska  Housing Finance Corporation, the                                                               
Alaska  Industrial Development  &  Export  Authority, the  Alaska                                                               
Energy Authority,  the Alaska Public Offices  Commission, and the                                                               
Alaska Oil and Gas Conservation Commission.                                                                                     
                                                                                                                                
She  reported that  in Section  2, the  brief description  of the                                                               
regulation  must  accompany  all   notices  furnished  on  paper,                                                               
through the  mail, via email,  or on public notices.  Agencies do                                                               
not  have to  include  the brief  description  in newspapers,  or                                                               
trade or industry  publications, but must include  a reference as                                                               
to  where the  brief description  can  be found.  Section 2  also                                                               
makes  it  clear  that individuals  cannot  take  action  against                                                               
agencies if the brief description was misunderstood.                                                                            
                                                                                                                                
REPRESENTATIVE WILSON  related that Sections  3 and 4  state that                                                               
these requirements apply  only to bills that are  filed after the                                                               
effective date of July 1, 2012.                                                                                                 
                                                                                                                                
10:11:16 AM                                                                                                                   
REPRESENTATIVE WILSON explained that  the fiscal note states that                                                               
no cost is  anticipated as a result of Section  1, and the fiscal                                                               
impact resulting from Section 2 is expected to be minimal.                                                                      
                                                                                                                                
She stated intent of the  bill to improve public participation in                                                               
the political process  because people will be  able to understand                                                               
regulations.  It will  also  make it  easier  for legislators  to                                                               
evaluate  whether the  intent of  the statute  is implemented  in                                                               
regulations.                                                                                                                    
                                                                                                                                
SENATOR MEYER asked for the departments' opinion of the bill.                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON  replied  that the  departments  have  not                                                               
stated  any objections  to the  bill. The  Department of  Law had                                                               
some  objections,  but the  bill  was  changed to  address  those                                                               
issues.                                                                                                                         
                                                                                                                                
SENATOR MEYER asked what the  repercussions were if a deadline is                                                               
not met.                                                                                                                        
                                                                                                                                
REPRESENTATIVE WILSON  reiterated that the department  would have                                                               
to report to the Regulations  Review Committee to explain why the                                                               
deadline was not met and set a new deadline.                                                                                    
                                                                                                                                
10:13:17 AM                                                                                                                   
STEVE   WEAVER,  Assistant   Attorney  General,   Legislations  &                                                               
Regulations Section, Department of  Law (DOL), answered questions                                                               
related  to HB  216.  He  explained DOL's  part  in changing  the                                                               
original version of  the bill. At this point DOL  has no problems                                                               
with the bill.                                                                                                                  
                                                                                                                                
CHAIR  WIELECHOWSKI asked  how  the  "plain English"  requirement                                                               
would work on a complicated topic.                                                                                              
                                                                                                                                
MR. WEAVER  agreed that  some bills may  be more  complicated. He                                                               
opined that  the sponsor's  concern was  the overuse  of "jargon"                                                               
and lack of common terms.                                                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON envisioned,  for example,  simple language                                                               
used in place of statue numbers. She provided several examples.                                                                 
                                                                                                                                
10:16:47 AM                                                                                                                   
TERRY  BANNISTER,   Attorney,  Legislative  Legal   and  Research                                                               
Services Division,  Legislative Affairs  Agency, testified  on HB
.  She stated  that all  previous problems  with the  bill had                                                               
been cleaned up.                                                                                                                
                                                                                                                                
JANA  VARATI, representing  herself, testified  in support  of HB
. She spoke of the  regional newspaper called the Nome Nugget.                                                               
She  appreciated the  intent of  HB 216.  She questioned  why the                                                               
bill  does  not  require  notices of  brief  descriptions  to  be                                                               
displayed in  newspapers. She suggested  that be included  in the                                                               
bill.                                                                                                                           
                                                                                                                                
10:21:04 AM                                                                                                                   
NANCY MCGUIRE, owner of the  Nome Nugget, testified in support of                                                               
HB 216.  She opined that  the regulations should be  published in                                                               
newspapers in order to better inform the public.                                                                                
                                                                                                                                
CHAIR WIELECHOWSKI closed public testimony.                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON reported  that no notification requirements                                                               
were changed by the bill.                                                                                                       
                                                                                                                                
CHAIR WIELECHOWSKI asked if newspapers were included.                                                                           
                                                                                                                                
REPRESENTATIVE WILSON reported that newspapers were eliminated.                                                                 
                                                                                                                                
MR.  WEAVER  reported that  the  requirements  were not  changed.                                                               
Public notices are  still required to be  published in newspapers                                                               
and on-line,  as well  as sent  to news  agencies. The  only item                                                               
addressed in the bill is the accompanying brief description.                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI held HB 216 in committee.