Legislature(1999 - 2000)
03/22/2000 01:44 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 277-ONLINE SYSTEM REPLACES AK ADMIN JOURNAL
MS. DEBORAH BEHR, Assistant Attorney General for the Department of
Law (DOL), commented that during the March 3 Judiciary Committee
meeting a question was raised about the definition of "newspaper
of general circulation." This wording appears twice in SB 277.
The first time is on page 3, line 26 and it sets out the current
statutory requirement that notice of an agency's intent to adopt a
regulation must be "published in the newspaper of general
circulation..." Then on page 5, line 7, the bill uses the same
language in setting out the method for notifying the public of
updated documents already incorporated by reference in a
regulation. Both references use the phrase in the context of
regulation adoption. The Administrative Procedures Act does not
have a definition of "newspaper of general circulation." When Ms.
Behr reviews regulations, she looks to see that they are published
in a readily available newspaper of wide distribution throughout
the state. Often times she will advise agencies to publish in more
than one newspaper to make sure that the distribution reaches the
area affected by the regulation.
Number 297
SENATOR HALFORD said he was asked by another member of the
legislature about a possible amendment requiring an abbreviated
form to be used in publications.
MS. BEHR commented that she has seen the amendments, and it is her
understanding that the Lieutenant Governor's Office prefers to keep
the bill focused on the online public notice. The language she has
seen is old language from a prior bill that does not reflect on the
online public notice.
Number 379
MR. JOHN LINDBACK, Office of the Lieutenant Governor, noted that in
1997 the Governor proposed, as a bill, what is embodied in these
amendments. Because the lieutenant governor's office is in charge
of filing regulations, it was designated as the lead agency. The
regulations were proposed because there were too many complaints
being received from the public about regulations being adopted
without a public hearing. Mr. Lindback said the newspaper industry
hated the Governor's bill, and since that time an effort has been
made trying to convince them that these amendments are not
something they need to be afraid of, but they have not been
convinced. Because the amendments are controversial, it is
requested they not be attached to this bill.
MS. BEHR noted that there is a technical problem on page two, line
3 of the amendment. This section requires the lieutenant governor
to provide additional public notice, which adds an unnecessary
cost. All of section 4 can be deleted with no effect on the bill.
SENATOR HALFORD noted this will not remove the requirement to
publish, it will only shorten the form.
Number 816
MR. LINDBACK commented there is a long list of requirements in the
statute of what is required for an ad. The amendments being
discussed remove some of these requirements, opening the door for
some agencies to take the notices out of the back of the newspaper
and put them into display ad space. There is also a provision
allowing a coordinated advertising approach allowing municipal
advertising pages. The newspaper industry has been dead set
against these provisions.
SENATOR HALFORD moved to adopt amendment 1-LS1407\A.1, as modified.
SENATOR ELLIS objected.
The roll was taken on the motion. Voting yea: SENATOR DONLEY,
SENATOR HALFORD and CHAIRMAN TAYLOR. Voting nay: SENATOR ELLIS,
and so the amendment was adopted.
SENATOR HALFORD noted the bill now has a positive fiscal note
because it saves the state money.
MS. BEHR commented that the last time DOL asked for a fiscal note,
they were told it would be awash because display ads are a little
more expensive.
MR. LINDBACK said the idea behind the amendment is to get a more
prominent ad for the money, not that it will cost any less.
MS. ANNETTE KREITZER, staff to Senator Leman, thanked the committee
for entertaining the amendment. The amendment does give the
lieutenant governor some discretion in terms of what state agencies
are required to do with legal notices. The Department of
Transportation (DOT) has found a way to save money--about $100,000,
by using the smaller and shorter format, while still informing the
public.
Number 1068
MR. LINDBACK stated that DOT has in deed saved money, but it is not
because of these provisions. The provisions being discussed were
not required at the time--DOT just wrote better ads. Display ad
space is more expensive and that is why the fiscal note was
considered to be awash. There is a possibility that advertising
money can be saved by using the coordinated approach that is
contemplated in one section of the amendments.
Number 1130
SENATOR DONLEY moved SB 277am from committee with individual
recommendations. There being no objection, the motion carried.
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