03/18/1999 09:02 AM Senate FIN

                                                                                                                                
CS FOR SENATE BILL NO. 24(JUD)                                                                                                  
"An Act relating to regulations; relating to                                                                                    
administrative adjudications; amending Rule 65, Alaska                                                                          
Rules of Civil Procedure; and providing for an                                                                                  
effective date."                                                                                                                
                                                                                                                                
                                                                                                                                
Senator Dave Donley moved for adoption of the CS SB 24                                                                          
Version "V".  Senator Al Adams objected for question.  He                                                                       
felt bill should wait for similar bills. He noted SB 106,                                                                       
addressed the Department of Health and Social Services as                                                                       
one. He felt SB 24 should delete Department of Health and                                                                       
Social Services provisions and be handled under SB 106.                                                                         
After those comments, Senator Al Adams withdrew his                                                                             
objection.                                                                                                                      
                                                                                                                                
Senator Dave Donley said he thought the CS would address                                                                        
Senator Al Adams's concerns. It narrowed the applicability                                                                      
to just the Department of Natural Resources, Department of                                                                      
Fish and Game and Department of Environmental Conservation.                                                                     
                                                                                                                                
Co-Chair John Torgerson detailed the changes in the CS.                                                                         
Section 16, which set the time limits, was covered in SB
.                                                                                                                            
                                                                                                                                
Section 2 language was inserted, "except for designated                                                                         
state agencies".                                                                                                                
                                                                                                                                
Subsection (b) addressed the cost and benefit requirement.                                                                      
His intent was that if a fiscal note were passed with a                                                                         
bill that was not substantial changed by the adoption of                                                                        
the regulation the fiscal note would work as the cost                                                                           
benefit analysis. The fiscal note would then be included in                                                                     
the explanation in the public release of the regulation.                                                                        
                                                                                                                                
If the Legislature passed a law, it was therefore                                                                               
determined through the process whether or not the benefits                                                                      
were to the public's best interest.  To then require the                                                                        
Administration to do a cost benefit analysis on those                                                                           
regulations would be duplication. The intent was to lessen                                                                      
the amount of work required of the agencies                                                                                     
                                                                                                                                
Section 9 was language dealing another section and would                                                                        
probably be amended out.                                                                                                        
                                                                                                                                
On page 7 the remainder of the sentence regarding good                                                                          
faith attempt on line 3 was removed. It could be hard to                                                                        
defend in court what a good faith attempt was.                                                                                  
                                                                                                                                
Section 16, the time limit section, might be the same that                                                                      
Senator Robin Taylor was attempting with SB 106. Senator Al                                                                     
Adams requested comments from the departments on this                                                                           
section.                                                                                                                        
                                                                                                                                
Section 17 was new and defined "designated agencies". This                                                                      
CS would only apply to the Department of Environmental                                                                          
Conservation, Department of Natural Resources and the                                                                           
Division of Habitat and Restoration, Department of Fish and                                                                     
Game. It did not include any functions controlled by a                                                                          
board or commission and it did not include an                                                                                   
organizational entity whose members were confirmed by the                                                                       
Legislature.                                                                                                                    
                                                                                                                                
Senator Dave Donley liked the CS with the exception of                                                                          
Section 8. He didn't feel it would give the public                                                                              
appropriate notice of what the department intended to adopt                                                                     
in regulations. He asked if the CS could be adopted without                                                                     
that section.  He said the original intent of the bill was                                                                      
to give clear notice to the public of the actual regulation                                                                     
the agencies were going to adopt.  He felt the changes in                                                                       
Section 8 went against that. He wanted to see the fiscal                                                                        
notes reflecting the exclusion of Section 8.                                                                                    
                                                                                                                                
Senator Dave Donley moved to amend CS SB 24 Version "V" to                                                                      
delete Section 8 (Amendment #10). Without objection, it was                                                                     
adopted.                                                                                                                        
                                                                                                                                
CS SB 101 Version "V" as amended was adopted as a Workdraft                                                                     
without objection.                                                                                                              
                                                                                                                                
Senator Randy Phillips asked if the number of fiscal notes                                                                      
would be reduced.  Co-Chair John Torgerson liked what the                                                                       
sponsor was doing but needed to limit the amount of the                                                                         
fiscal notes. That was why he narrowed the focus down three                                                                     
programs.                                                                                                                       
                                                                                                                                
The bill was held in committee.