Legislature(2003 - 2004)
05/16/2003 02:37 PM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 211
"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."
This was the first hearing for this bill in the Senate Finance
Committee.
CRAIG TILLERY, Assistant Attorney General, Environmental Section,
Civil Division (Anchorage), Department of Law, testified via
teleconference from Anchorage and informed the Committee that the
intent of this legislation is to improve the public notice process
pertaining to State regulatory change notices and to reduce costs
to the State through the elimination of unnecessary action, the use
of the Internet where appropriate, and the allowance "for briefer,
more easily understood notices" by changing Sections 23 and 24 of
the Alaska Administrative Procedures Act. He explained that the
briefer notices, while containing pertinent information such as
what regulation is being changed and how to obtain more information
regarding the change is anticipated to reduce the advertising
content by approximately 75 percent. He asserted that these changes
would make the advertisement more noticeable and more easily
understood, and that directing people to a phone number or Internet
site would enable people to acquire more detailed information than
is currently required by statute. He stressed that this legislation
would not prohibit a State agency from advertising a more detailed
notice were a situation to require it.
Mr. Tillery mentioned that this concept has been considered for
numerous years and that approximately six years prior, similar
legislation had been introduced. He informed that the continuing
growth and availability of the Internet has allowed this
legislation to become appropriate.
Mr. Tillery continued that, "while limited in scope, but a
significant departure from what is currently in statute" is
language that would allow some agencies to not advertise certain
notices in newspapers as, he shared that upon review, certain
notices have been determined to be of disinterest to the general
public but are rather of a technical nature and of more interest to
individuals who have easy access to the Internet and typically
receive their notices in that manner or through trade associations
or mailing lists. He noted that the identified regulations are
identified in Sections 1, 2, 10, 11, 12,13,16,19,20,26, and 27.
Mr. Tillery noted that, thirdly, the bill would allow agencies to
advertise notices in one newspaper rather than three as currently
required or via the Internet or through mailings. Lastly, he
stated, the legislation would eliminate the requirement for the
State to provide copies and updates of the Alaska Administrative
Code to all municipalities or local governments. He stated that
many local governments have indicated that these copies are not
necessary and that access to the information via the Internet would
be adequate.
Co-Chair Green surmised the purpose of the legislation is to
streamline the State's noticing system to align with today's
communication environment.
Mr. Tillery agreed.
MARK DAVIS, Director, Division of Banking, Securities &
Corporations, Department of Community and Economic Development,
testified via teleconference from Anchorage and stated that this
bill would allow proposed changes in regulations for banking,
corporations, and securities to be noticed in a simplified format
in a newspaper and/or by electronic means. He continued that this
would allow cost savings in addition to an improved method of
notice to interested parties, as; he opined those individuals are
Internet users and are familiar with electronic communication. He
stated that proxy programs issued through the Division would be
addressed by language allowing the Division to use whatever method
it deems necessary or reasonable.
Senator Taylor commented that fiscal note #2 from the Office of
Management and Budget indicates that the Department of Community
and Economic Development would save approximately $258,000 by the
implementation of this legislation as the result of newspaper
advertising savings. He voiced appreciation for the efforts put
forth on this legislation and noted the lack of opposition to the
legislation from the newspaper industry.
Co-chair Green mentioned that a similar bill is advancing in the
House of Representatives. She commented that newspapers are using
the Internet to advance their product, and she opined that perhaps
the newspaper industry is coming "to the realization that the
Internet is the thing of today."
Senator Olson voiced concern that Internet access is limited in
rural Alaska and therefore, he inquired how the changes in
newspaper notices would affect the dissemination of information in
those areas.
Mr. Davis responded that typically those areas do not currently
receive these newspaper notices unless a change specifically
affects the area. He noted that the three newspapers that would be
affected by this legislation would be those serving Anchorage,
Fairbanks and Juneau, or occasionally the Alaska Journal of
Commerce. He reiterated that this legislation would not prevent
notices if deemed necessary in those areas, and that, while
Internet access might not be available in all communities; he noted
that not all communities receive a newspaper.
Senator Olson argued that newspapers are available in all
communities as they are received via the mail. However, he stated
that Internet access is only available at schools or clinics, which
are not places that someone would ordinarily go to read
regulations.
Co-Chair Green ordered the bill HELD in Committee.
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