Legislature(2003 - 2004)
05/15/2003 08:39 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HOUSE BILL NO. 295
An Act relating to the publishing and furnishing of
certain public notices regarding regulations or rules
of certain state agencies; relating to distribution of
the Alaska Administrative Code, Alaska Administrative
Register, and supplements to the code or register; and
providing for an effective date.
DEBORAH BEHR, ASSISTANT ATTORNEY GENERAL, LEGISLATION AND
REGULATIONS SECTION, DEPARTMENT OF LAW, noted that Assistant
Attorney General Tillery from Anchorage was on line to
address the Committee's technical questions.
Ms. Behr explained that the legislation would deal with
legal notices for regulations that appear in newspapers. It
would change the legal adds for adopting regulations. The
goal of the legislation would allow the State to move toward
an abbreviated notice with more user-friendly information.
The legal notice in the paper would refer to on-line public
notice where more detailed information could be found. If
someone does not have a computer, they could make a public
records request in order to receive a hard copy or get on
the Department's mailing list. The goal is to make it "user
friendly" and is anticipated to cost the State 75% less for
the notices with less information.
Ms. Behr highlighted the second change, which would furnish
notices to agencies that are not covered by the
Administrative Procedures Act (APA). She understood that
most people prefer to get information by email or have the
option to request written copy. The legislation broadens
that language to non-APA agencies not covered by the Act.
Ms. Behr continued, there could be a minor change as some
agencies have a requirement that the information be
published in three newspapers. The language of the bill
reduces that to one. If the agency thought that it was
appropriate to put it in more papers, they would have that
option. Additionally, the bill moves toward web-only
notices for appropriate sets of regulations. The Department
was careful as to which programs were selected for web
notices, making sure that there was access to computers or
ready access to the Internet.
Ms. Behr pointed out that historically, the Executive Branch
provided municipalities hard copies of regulations. Some of
the smaller municipalities prefer to use the Internet
notice. The final change in the bill allows the smaller
areas to request information. If they want hard copy, a
cost of no more than $600 dollars would be charged. Ms.
Behr referenced the cost savings to the State.
Representative Kerttula voiced concern with Section 11, the
Oil and Gas leasing section. She asked if there were
sections throughout the bill in which all public notice
would be deleted. Ms. Behr advised that the program
selection had been done carefully in order to make sure that
there were computers or access to them. Section 11 deals
with the Department of Natural Resources, the Oil and Gas
section. She understood that section had be chosen as if it
was a full blown leasing process, not changing any of the
Title 38 numbers and that it would only affect the notices
related to the underline rate process. The public would
still receive the same information either through an
Internet notice or the Department of Natural Resources
website.
Co-Chair Williams requested that Representative Berkowitz
move his amendment.
Representative Berkowitz MOVED to ADOPT new Amendment #1.
(Copy on File). Co-Chair Williams OBJECTED.
Representative Berkowitz explained that the amendment would
strip out the provisions in the bill indicating that no
notices would be required for certain agencies. The
agencies that are exempted from newspaper notice requirement
include the oil and gas, conservation, pipeline act
regulations, and insurance regulations. The primary savings
in the bill comes from the reduced amount of newspaper
print. He stressed that to exempt these items from public
notice would make the public think that government does not
want people to know what is going on. He added that the
amendment would preserve most of the cost savings contained
in the bill.
Co-Chair Williams suggested that people that know what they
are looking for are the ones that usually read public
notices. He did not believe that most people read them.
Ms. Behr commented that her experience has proven that most
people get their info through emails or mailing notices.
She was not aware that newspaper notices were a primary way
to receive information concerning regulations. The
newspaper ads are mostly used for legal notice versus the
actual notice.
Co-Chair Williams asked if the regular newspaper reader
would be able to get all the information that they need by
reading the add in the paper. Ms. Behr replied that a
professional person would probably get all pertinent
information mailed to them. Representative Berkowitz
appreciated that could be true if that person lived in a
place that was connected by wire. There are large parts of
the State that are not wired and do not have computer
access. For those rural parts of the State, it is important
to retain the legal notice that is available in newspapers.
He emphasized that the newspaper requirement gets
information to those people living in rural Alaska. Keeping
the notice in the newspaper retains the ability to inform
the public about what is happening with government. The
amendment would provide a transitional measure.
Representative Stoltze asked Representative Foster and
Representative Moses if their constituents read newspapers.
Representative Foster replied that in his 27 villages, most
of them do not get newspapers. Representative Berkowitz
asked if all those villages had Internet. Representative
Foster responded that most of the villagers live day to day
and that he doubted that few had access to the Internet or
computers.
Co-Chair Williams argued that there are other means for
disseminating information. He questioned how information is
relayed in the rural communities. Ms. Behr commented that
the on line public notice was a major mode of information
dissemination and that the federal registry was a great way
to get information. The federal government is moving more
toward computer information.
Representative Kerttula pointed out that Section 11 would
omit newspaper publication completely. She agreed that some
of the listings in Section 11 were pretty specific however,
to omit all newspaper publications, particularly when
dealing with oil and gas leases would not be good. She
asked if the Department of Natural Resources had an opinion
regarding the concern. Ms. Behr recommended consulting a
representative from Department of Natural Resources to
discuss that concern. She emphasized that extensive leasing
process under Title 38 would not be diminished. Each
leasing policy is separate and distinct and each should be a
policy call made by the Legislature.
Representative Kerttula noted that Section 16 related to the
Regulatory Commission of Alaska (RCA) and asked if they had
input regarding elimination of their newspaper information.
Ms. Behr noted that the drafting attorney had checked in
with the RCA to determine if it was appropriate to include
that language. The legislation only addresses the
regulations.
Representative Berkowitz advised that there was an
administrative order from the Governor that if any agency
wanted to exceed the minimal amount of public notice
required by law, they would need to get approval from the
Governor's office.
A roll call vote was taken on the motion to adopt Amendment
#1.
IN FAVOR: Moses, Berkowitz, Kerttula
OPPOSED: Stoltze, Chenault, Foster, Hawker, Meyer,
Williams
Co-Chair Harris and Representative Whitaker were not present
for the vote.
The MOTION FAILED (3-6).
Representative Kerttula MOVED to DELETE Sections 11 and 16.
Co-Chair Williams OBJECTED noting that he would not accept
the motion, as it was the same as Amendment #1.
Representative Kerttula stated that she would speak with
representatives from the Department of Natural Resources and
offer the amendment on the House Floor.
Representative Foster MOVED to report CS HB 295 (STA) out of
Committee with individual recommendations and with the
accompanying fiscal notes. Representative Berkowitz
OBJECTED.
Representative Berkowitz noted that he does not like it when
the government does away with public notice requirements.
He stated that it goes against the direction and that the
public should know what is occurring with government.
Representative Stoltze noted that he would support the bill.
Vice-Chair Meyer commented that the bill was a step in the
right direction in getting the State to use Internet
services more extensively. Representative Berkowitz
countered that the State of Alaska has won awards for being
on the cutting edge of technology. The State is not behind
in the area of technology.
Representative Kerttula pointed out that four years ago, her
first piece of legislation was the Internet notice.
Nevertheless, for the areas that do not have computer
access, this legislation will be detrimental.
A roll call vote was taken on the motion.
IN FAVOR: Stoltze, Chenault, Foster, Hawker, Meyer,
Moses, Williams
OPPOSED: Berkowitz, Kerttula
Co-Chair Harris and Representative Whitaker were not present
for the vote.
The MOTION PASSED (7-2).
CS HB 295 (STA) was reported out of Committee with
"individual recommendations" and with indeterminate note #1
by the Office of Management and Budget (OMB) and fiscal note
#2 by the Office of Management and Budget.
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