Legislature(2011 - 2012)CAPITOL 106

01/19/2012 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 182 ELECTRONIC DISTRIBUTION OF AGENCY REPORTS TELECONFERENCED
Moved CSHB 182(STA) Out of Committee
+= HB 216 REGULATIONS: INFORMATIVE SUMMARY/BILLS TELECONFERENCED
Moved CSHB 216(STA) Out of Committee
         HB 216-REGULATIONS: INFORMATIVE SUMMARY/BILLS                                                                      
                                                                                                                                
9:18:57 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  last order of business  was HOUSE                                                               
BILL NO.  216, "An Act  relating to deadlines in  bills directing                                                               
the  adoption  of  regulations and  to  the  informative  summary                                                               
required for  the proposed  adoption, amendment,  or repeal  of a                                                               
regulation."                                                                                                                    
                                                                                                                                
9:19:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON,  as sponsor,  offered a  review of  HB
216,  which  the  committee  previously heard  on  4/12/11.    In                                                               
response  to  the chair,  she  said  attached  to  HB 216  is  an                                                               
undetermined  fiscal  note.   She  said  the  bill would  do  two                                                               
things:  direct  the legislature to set a time  by which agencies                                                               
must  put  regulations  in   place,  and  require  understandable                                                               
explanations of  new or amended  regulations.   Representative P.                                                               
Wilson said those two changes  would help the legislature and the                                                               
public  to know  what is  going  to happen  and to  have time  to                                                               
respond.    She  said  the   descriptive  summaries  provided  by                                                               
agencies are not  meant to be lengthy or legally  binding, and an                                                               
amendment  would take  care of  that concern.   She  posited that                                                               
although  the  bottom line  cost  is  yet unknown,  the  proposed                                                               
legislation is still worthwhile.                                                                                                
                                                                                                                                
9:25:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON said the  Office of the Attorney General                                                               
recommended an  amendment to exempt  boards and  commissions from                                                               
the strict time  limit, because they typically meet  only once or                                                               
twice a year,  and an amendment that would  protect agencies from                                                               
being sued  if they  published summaries  deemed inadequate  by a                                                               
citizen.  She said another issue  to consider is the cost to some                                                               
agencies, which are required to pay  by the line for summaries in                                                               
the newspaper.                                                                                                                  
                                                                                                                                
9:26:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  moved to adopt Amendment  1, which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 2, lines 4 - 5:                                                                                                       
          Delete "include a summary of the existing                                                                         
     regulation as well as a summary of the change proposed                                                                 
     by the amendment or repeal"                                                                                            
          Insert "also describe how the amendment or repeal                                                                 
     will change the existing regulation"                                                                                   
                                                                                                                                
REPRESENTATIVE KELLER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  P.   WILSON  reiterated  that  Amendment   1  was                                                               
recommended by the Office of the Attorney General.                                                                              
                                                                                                                                
9:28:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER removed  his  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
9:28:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  moved to adopt Amendment  2, which read                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 2, line 7, following "understand":                                                                                
          Insert "without following Internet links to the                                                                   
     Alaska Administrative Code"                                                                                            
                                                                                                                                
REPRESENTATIVE KELLER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE P.  WILSON spoke  to the  amendment.   She offered                                                               
her  understanding  that Amendment  2  addresses  a concern  that                                                               
Representative Seaton had once had.                                                                                             
                                                                                                                                
9:29:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
9:29:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved to adopt  Conceptual Amendment 3,                                                               
to exempt boards and commissions from the strict time limit.                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  questioned   the  need   for  Conceptual                                                               
Amendment 3, because  he offered his understanding  that the time                                                               
frames would be set on a case by case basis.                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  said  Conceptual  Amendment   3  was                                                               
requested by  the Office of  the Attorney General, but  she added                                                               
that she can see Representative  Seaton's point.  She ventured it                                                               
would be up to the committee to decide.                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  said he objects to  the exemption, because                                                               
he thinks the legislature will  make the consideration as to what                                                               
is a reasonable time frame.                                                                                                     
                                                                                                                                
9:33:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG noted  that three  House State  Affairs                                                               
Standing Committee  members are  on the House  Judiciary Standing                                                               
Committee,  and he  suggested  that the  issue  can be  addressed                                                               
there.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON said that would  be fine, but said he would                                                               
like  to  hear  from  someone  from the  Department  of  Law,  if                                                               
possible.                                                                                                                       
                                                                                                                                
9:34:22 AM                                                                                                                    
                                                                                                                                
STEVE  WEAVER, Assistant  Attorney  General  (AG), Legislation  &                                                               
Regulations Section, Civil Division  (Juneau), explained that the                                                               
thought  behind  the  boards and  commissions  exemption  was  to                                                               
address situations  where certain  boards that  meet infrequently                                                               
might   find  themselves   with   insufficient   time  to   adopt                                                               
regulations in the  time frame suggested by the  legislature.  He                                                               
said beyond that  the department does not really  have a position                                                               
on the  proposed legislation.   He related that if  the committee                                                               
would like  to consider Representative Seaton's  point or another                                                               
direction,  the  department is  willing  to  work with  the  bill                                                               
sponsor.  In  response to a question  from Representative Keller,                                                               
Mr. Weaver said in some cases  it might not be difficult for DOL,                                                               
the  agencies, and  the legislature  to ascertain  the amount  of                                                               
time it  will take to  adopt regulations; however,  sometimes the                                                               
amount  of   time  may   vary,  for  example,   if  there   is  a                                                               
comprehensive  bill   involving  more  interaction   between  the                                                               
legislature, the agencies, and DOL.                                                                                             
                                                                                                                                
9:38:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON said she will work with DOL.                                                                           
                                                                                                                                
9:41:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  directed attention to the  word "must",                                                               
on  page  1, line  7,  and  he  questioned  whether it  would  be                                                               
problematic if  each time  the legislature  passes a  bill "they"                                                               
have  to  figure out  how  long  it  will  take to  generate  the                                                               
regulations.   He  then mentioned  that there  are statutes  that                                                               
address the issue  of fiscal notes - not only  regarding how much                                                               
money is  needed to  implement the  bill, but  also how  the bill                                                               
will be  implemented by  the agency -  and he  questioned whether                                                               
there  should  be  a  conforming amendment  to  the  fiscal  note                                                               
statute that would require the  agency submitting the fiscal note                                                               
to  recommend how  much time  it will  need to  come up  with the                                                               
regulation.   He  said  he  thinks that  would  help provide  the                                                               
evidentiary basis and the record for the legislature.                                                                           
                                                                                                                                
9:43:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN   noted  that  many  laws   passed  have                                                               
effective  dates in  them, and  he asked  if, under  HB 216,  the                                                               
legislature would have to assign regulation deadline dates.                                                                     
                                                                                                                                
REPRESENTATIVE P.  WILSON replied  that she  prefers the  idea to                                                               
have the specification made in  the fiscal note, because it would                                                               
be an expectation rather than a law.                                                                                            
                                                                                                                                
MR.  WEAVER, in  response  to Representative  Petersen, said  all                                                               
regulations originate through the agencies.                                                                                     
                                                                                                                                
9:45:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON withdrew Conceptual Amendment 3.                                                                       
                                                                                                                                
REPRESENTATIVE P.  WILSON moved to adopt  Conceptual Amendment 4,                                                               
to  insert the  following  language  where appropriate  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     "an  action  may not  be  brought  for failure  of  the                                                                
     notice to  comply with  requirements of  this paragraph                                                                
     relating  to  the description  in  or  the clarity  and                                                                
     readability of the summary;"                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  P.   WILSON  said  the  language   of  Conceptual                                                               
Amendment 4 was suggested by DOL.   She described the language as                                                               
a disclaimer.                                                                                                                   
                                                                                                                                
9:48:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected to  Conceptual Amendment 4.  He                                                               
said  there were  a  series  of cases  relating  to the  attorney                                                               
general's summaries  of initiatives.   He said in some  cases the                                                               
courts  have struck  those down  as inaccurate.   He  said, "This                                                               
would  provide  a blanket  immunity  in  all  those cases."    He                                                               
emphasized  that this  issue should  be considered  by the  House                                                               
Judiciary   Standing    Committee,   and   he    requested   that                                                               
Representative P. Wilson withdraw Conceptual Amendment 4.                                                                       
                                                                                                                                
REPRESENTATIVE P. WILSON withdrew Conceptual Amendment 4.                                                                       
                                                                                                                                
9:49:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed  concern regarding language on                                                               
page 2, lines 3-7, which read as follows:                                                                                       
                                                                                                                                
     if the proposed agency action  is to amend or repeal an                                                                
     existing  regulation,  the   informative  summary  must                                                                
     include a  summary of the  existing regulation  as well                                                                
     as a  summary of the  change proposed by  the amendment                                                                
     or repeal; the informative  summary shall be written in                                                                
     clear, easily  readable language that a  person without                                                                
     a legal background is able to understand;                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  suggested  that an  amendment  may  be                                                               
necessary to  include regulation that  is adopted in  response to                                                               
legislation, as well as just changing regulation.                                                                               
                                                                                                                                
REPRESENTATIVE P.  WILSON pointed out that  the adopted Amendment                                                               
1 changed  that language, but noted  that the word "if"  is still                                                               
in there.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG responded  that  he  thinks "we  should                                                               
include the other possibility in there."                                                                                        
                                                                                                                                
9:51:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  said   one  of   the  largest   problems                                                               
legislators face  in receiving  e-mail notices  of bills  is that                                                               
the change effected  by the bill is  not made clear.   He said he                                                               
would like  the bill  to require a  notice that  clearly outlines                                                               
the change being made through the legislation.                                                                                  
                                                                                                                                
CHAIR LYNN asked the bill sponsor if that is acceptable to her.                                                                 
                                                                                                                                
REPRESENTATIVE P. WILSON responded yes.                                                                                         
                                                                                                                                
9:53:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  opined that  HB 216  is a  good bill.   He                                                               
said  as former  chair  of the  regulation  review committee,  he                                                               
appreciates the time it takes to  get to the crux of legislation.                                                               
He expressed  his willingness  to work with  the bill  sponsor to                                                               
improve the  proposed legislation.   He  said agencies  have been                                                               
improving their notification of  regulations, but the legislature                                                               
really needs to "get on the stick and pay attention."                                                                           
                                                                                                                                
9:54:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  HB 216, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  216(STA)  was                                                               
reported out of the House State Affairs Standing Committee.                                                                     

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