HB 190-REGULATION ADOPTION/ORAL COMMENT  5:56:33 PM CHAIR KREISS-TOMKINS announced that the next order of business would be HOUSE BILL NO. 190, "An Act relating to the presentation of oral comments on the proposed adoption, amendment, or repeal of regulations." 5:56:55 PM REPRESENTATIVE DAVE TALLERICO, Alaska State Legislature, presented HB 190, as prime sponsor. He paraphrased from the sponsor statement, which read as follows [original punctuation provided]: This legislation changes the Administrative Procedure Act to allow for oral testimony when requested by individuals. In a time of informational technology and the vast geography of the state, it is time to update this public proceeding law. On the date and at the time and place designated in the notice the agency shall give each interested persons or person's authorized representative, the opportunity to present orally to that agency about regulation changes. This includes regulations being adopted, amended, or repealed. This does not include emergency regulations that are adopted for emergency purposes. Currently, state agencies and boards are required to give notice about regulation changes, but they are not required to listen to oral testimony and sometimes only written testimony will be accepted. This legislation requires the agency or board to provide an opportunity to give a verbal testimony when requested. This verbal testimony can be taken telephonically at the time and place designated by the agency or board. REPRESENTATIVE TALERICO continued by saying that his staff is currently working with the Department of Law (DOL), the Department of Commerce, Community, & Economic Development (DCCE), and the administration to draft a committee substitute that is acceptable to all three. 5:59:27 PM REPRESENTATIVE TUCK asked if there was some occurrence that prompted introduction of the proposed legislation. REPRESENTATIVE TALERICO replied that several constituents contacted him regarding a recent meeting of the Alaska State Medical Board at which they had wanted to give oral testimony but did not have the opportunity to do so. He was asked by the constituents why they could not give testimony, when the legislature and other boards take testimony. He suggested that with the changes in technology, the Administrative Procedure Act may be outdated. 6:01:15 PM REPRESENTATIVE BIRCH asked Representative Talerico to explain what constitutes testimony. He asked if email communication is considered testimony. REPRESENTATIVE TALERICO responded that an email is an acceptable form of written testimony. He noted that emails addressing bills and other topics are often sent to legislators and committees. REPRESENTATIVE BIRCH asked if emails are part of the official record; that is, what makes an email a bonified component of the testimony on proposed legislation? REPRESENTATIVE TALERICO expressed his understanding that all emailed testimony on any issues that the legislature addresses is listed on the Bill Action & Status Inquiry System (BASIS) and compiled for the historic record. [HB 190 was held over.]