HB 216-REGULATIONS: INFORMATIVE SUMMARY/BILLS  10:05:03 AM CHAIR WIELECHOWSKI announced that the next bill before the committee would be HB 216, which would set expectations for completion of regulations and make explanations of regulations clearly understandable in "plain English." REPRESENTATIVE PEGGY WILSON, sponsor of HB 216, introduced the bill. She related that bill deals with two frustrating issues, regulations not being written in a timely manner and regulations not being easily understood. She used HB 110 as an example. The bill would ensure that regulations are adopted in a timely manner and are explained in plain English. REPRESENTATIVE WILSON explained that Section 1 will ensure that state regulations are completed and adopted in a timely manner. Section 2 will ensure that all new regulations and changes to current regulations are accompanied by a brief description in plain English. She listed the key points in HB 216. Section 1 - the deadline for adopting, amending, or repealing regulations is set by the department or agency, not by the legislature. The timeframe will be listed on the fiscal note by the department. If the deadline is not met, the department must report to the Regulation Review Committee. State boards and commissions are exempt from this provision except for the Alaska Housing Finance Corporation, the Alaska Industrial Development & Export Authority, the Alaska Energy Authority, the Alaska Public Offices Commission, and the Alaska Oil and Gas Conservation Commission. She reported that in Section 2, the brief description of the regulation must accompany all notices furnished on paper, through the mail, via email, or on public notices. Agencies do not have to include the brief description in newspapers, or trade or industry publications, but must include a reference as to where the brief description can be found. Section 2 also makes it clear that individuals cannot take action against agencies if the brief description was misunderstood. REPRESENTATIVE WILSON related that Sections 3 and 4 state that these requirements apply only to bills that are filed after the effective date of July 1, 2012. 10:11:16 AM REPRESENTATIVE WILSON explained that the fiscal note states that no cost is anticipated as a result of Section 1, and the fiscal impact resulting from Section 2 is expected to be minimal. She stated intent of the bill to improve public participation in the political process because people will be able to understand regulations. It will also make it easier for legislators to evaluate whether the intent of the statute is implemented in regulations. SENATOR MEYER asked for the departments' opinion of the bill. REPRESENTATIVE WILSON replied that the departments have not stated any objections to the bill. The Department of Law had some objections, but the bill was changed to address those issues. SENATOR MEYER asked what the repercussions were if a deadline is not met. REPRESENTATIVE WILSON reiterated that the department would have to report to the Regulations Review Committee to explain why the deadline was not met and set a new deadline. 10:13:17 AM STEVE WEAVER, Assistant Attorney General, Legislations & Regulations Section, Department of Law (DOL), answered questions related to HB 216. He explained DOL's part in changing the original version of the bill. At this point DOL has no problems with the bill. CHAIR WIELECHOWSKI asked how the "plain English" requirement would work on a complicated topic. MR. WEAVER agreed that some bills may be more complicated. He opined that the sponsor's concern was the overuse of "jargon" and lack of common terms. REPRESENTATIVE WILSON envisioned, for example, simple language used in place of statue numbers. She provided several examples. 10:16:47 AM TERRY BANNISTER, Attorney, Legislative Legal and Research Services Division, Legislative Affairs Agency, testified on HB 216. She stated that all previous problems with the bill had been cleaned up. JANA VARATI, representing herself, testified in support of HB 216. She spoke of the regional newspaper called the Nome Nugget. She appreciated the intent of HB 216. She questioned why the bill does not require notices of brief descriptions to be displayed in newspapers. She suggested that be included in the bill. 10:21:04 AM NANCY MCGUIRE, owner of the Nome Nugget, testified in support of HB 216. She opined that the regulations should be published in newspapers in order to better inform the public. CHAIR WIELECHOWSKI closed public testimony. REPRESENTATIVE WILSON reported that no notification requirements were changed by the bill. CHAIR WIELECHOWSKI asked if newspapers were included. REPRESENTATIVE WILSON reported that newspapers were eliminated. MR. WEAVER reported that the requirements were not changed. Public notices are still required to be published in newspapers and on-line, as well as sent to news agencies. The only item addressed in the bill is the accompanying brief description. CHAIR WIELECHOWSKI held HB 216 in committee.