Legislature(2021 - 2022)BUTROVICH 205

04/13/2021 03:30 PM Senate STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= SB 23 INITIATIVE SEVERABILITY TELECONFERENCED
Moved SB 23 Out of Committee
-- Public Testimony --
+= SB 77 USE OF INTERNET FOR CHARITABLE GAMING TELECONFERENCED
Moved SB 77 Out of Committee
-- Public Testimony --
*+ SB 118 CMTE ON NULLIFICATION OF FEDERAL LAWS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 120 ADMIN. REGULATION REVIEW COMMITTEE TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
           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