Legislature(2021 - 2022)BUTROVICH 205
04/13/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB23 | |
| SB77 | |
| SB118 | |
| SB120 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 23 | TELECONFERENCED | |
| += | SB 77 | TELECONFERENCED | |
| *+ | SB 118 | TELECONFERENCED | |
| *+ | SB 120 | TELECONFERENCED | |
SB 120-ADMIN. REGULATION REVIEW COMMITTEE
4:22:00 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 120
"An Act establishing the Administrative Regulation Review
Committee."
4:22:12 PM
SENATOR REINBOLD, speaking as sponsor of SB 120, stated that
this legislation reestablishes the Administrative Regulation
Review Committee, so the legislature is once again able to
review all regulations and statutes. She said the need for this
became apparent when the governor suspended so many regulations
during the COVID-19 pandemic. The separation of powers with
checks and balances by the legislative branch is a critical part
of the US system of government. Constitutionally, the
legislature is the policy making branch and the executive branch
executes those policies.
SENATOR REINBOLD said reestablishing the Administrative
Regulation Review Committee will ensure that regulations
promulgated by the executive branch meet the intent of the laws
the legislature enacted. This committee will investigate
regulations that standing committees identify as cause for
concern and evaluate the legality and constitutionality of
proposed regulations for the state agency that has the statutory
authority to adopt the proposed regulations. She emphasized that
checks and balances are part of the US form of government and
each branch exercises certain powers that the other two branches
can check.
CHAIR SHOWER found no comments or questions and asked for a
sectional analysis.
4:25:59 PM
SENATOR REINBOLD presented the sectional analysis for SB 120.
Section 1 identified AS 44.62.010 - AS 44.62.325 to
apply to regulations adopted by the commission.
Section 2 amends AS 18.56.088(a) to say the board
shall submit a regulation to the Administrative
Regulation Review Committee within 45 days of
adoption.
Section 3 amends AS 24.05.182(a) to say a standing
committee of the legislature can review, amend, or
repeal a regulation before the date the regulation is
scheduled by the department or agency to be adopted,
amended, or repealed.
4:26:51 PM
Section 4 adds new subsections to AS 24.05.182 that
state a standing committee can review a regulation to
determine legislative intent. If the regulation does
meet legislative intent, the standing committee's
findings shall be transmitted to the Administrative
Regulation Review Committee.
Section 5 amends AS 24.08.035(f) to say that if the
deadline is not met, the agency changing the
regulation must report to the Administrative
Regulation Review Committee the new deadline and the
reason it was unable to meet the deadline set in the
fiscal note.
Section 6 amends AS 24.08.060(b) to say that bills
introduced by the Administrative Regulation Review
Committee shall be delivered with a letter of
explanation to the rules committee by request of the
Administrative Regulation Review Committee.
Section 7 adds a new Sec. 24.20.106 to AS 24.20
regarding the review of proposed regulations. It
outlines the responsibilities of the Administrative
Regulation Review Committee and states that the
legislative Affairs Agency may review each regulation
that is subject to AS 44.62.010 - 44.62.300 (the
Administrative Procedure Act). An attorney of that
agency must do the review. The reviews follow an order
of priority:
1. proposed regulations to implement new
legislation
2. proposed regulations requested in writing for
review by the Administrative Regulation Review
Committee or the legislative council as
implicating major policy development.
This section describes the procedure as well as
evaluating the legality and constitutionality of the
regulation whether the state agency has the statutory
authority to adopt the proposed regulations to
implement or otherwise carry out the statute.
This gives the parameters for the Administrative
Regulation Review Committee and this exempts the Board
of Game and the Board of Fisheries from proposed
regulations.
Section 8 amends AS 24.20 by adding new sections. It
defines the membership of the Administrative
Regulation Review Committee, which is comprised of
members from both bodies and each of the two major
political parties. This must be established within 15
days after organization of the legislature. The
committee may meet during the interim to address
concerns with regulations. The Legislative Affairs
Agency will provide professional and clerical
assistance. This section defines the powers of the
Administrative Regulation Review Committee.
Section 9 amends AS 26.27.110(b) to exempt
corporations from AS 44.62 (Administrative Procedure
Act). However, within 45 days after adoption of a
regulation under this section, the chair of the
corporation shall submit the regulation adopted to the
chair of the Administrative Regulation Review
Committee under AS 24.20.465-24.20.495.
4:30:13 PM
Section 10 amends AS 30.17.120 to say the provisions
of the Administrative Procedure Act regarding adoption
of regulations under AS 44.62.040-44.62.325 to apply
to the authority.
Sections 11-13 are conforming language.
Section 14 amends AS 40.25.120(a) and discusses the
right to inspect public records but exempts medical
and public health records and records that are
confidential under federal law. It references
following 20 U.S.C. 1232g, law enforcement and any
records that would endanger the life or physical
safety of an individual.
On page 10, line 15 it adds written notification
regarding a proposed regulation under AS 24.20.160 to
the Department of Law and the affected state agency
and communications between the Legislative Affairs
Agency, the Department of Law, and affected state
agency under AS.24.20.106.
Section 15 amends AS 42.40.920(b) to add a statute
reference.
Section 16 amends AS 44.62.020 to add a statute
reference and gives authority to adopt, administer, or
enforce a regulation. Each regulation adopted must be
within the scope and authority of the statute.
4:31:30 PM
Section 17 amends AS 44.62.040(c) to exempt the
Regulatory Commission of Alaska, the Board of
Fisheries, the Board of Game, the Alaska Oil and Gas
Conservation Commission, the office of victims'
rights, and the office of the ombudsman. Other
agencies shall submit regulations to the governor's
office.
This section describes the procedure the governor must
follow to return the regulations and orders of repeal
to the adopting agency before they are submitted to
the lieutenant governor for filing within 30 days.
They must be consistent with the faithful execution of
the laws and enable the adopting agency to respond to
specific issues raised by the Administrative
Regulation Review Committee.
Section 18 amends AS 44.62.190(a) by adding new
language to say the agencies may electronically
furnish the proposed regulation, amendment, or order
of repeal, as required by AS 24.20.160(c).
Section 19 amends AS 44.62.245(c) to add the
Administrative Regulation Review Committee to the
distribution list.
Section 20 amends AS 44.62.290(a) to add a statute
reference.
Section 21 amends AS 44.62.300(a) to add the same
statute reference
Section 22 amends AS 44.62 by adding a new Sec.
44.62.325. Submittal for legislative review. It
describes how the lieutenant governor submits a
regulation to the Administrative Regulation Review
Committee for review. Within 10 days, the
Administrative Regulation Review Committee may submit
comments on the regulation to the governor.
4:33:13 PM
Sections 23 through 27 add AS 44.62.010-44.62.325.
Section 28 amends AS 44.88.085(a) to insert references
AS 44.62.040-44.62.325. It adds language that within
45 days after the adoption of a regulation under this
section, the chair of the authority shall submit the
regulation adopted to the chair of the Administrative
Regulation Review Committee under AS 24.20.465-
24.20.495.
Section 29 adds a new section to the uncodified law to
say this Act applies to the adoption, amendment or
repeal of a regulation that is first proposed on or
after the effective date of this Act.
CHAIR SHOWER found no questions or comments.
4:34:22 PM
CHAIR SHOWER opened public testimony on SB 120; finding none, he
closed public testimony on SB 120. He advised that written
testimony could be submitted to [email protected] and it would be
entered into the public record.
[SB 120 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 23 Support Written Public Testimony.pdf |
SSTA 4/13/2021 3:30:00 PM |
SB 23 |