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repeal a regulation before the date the regulation is scheduled by the department or agency to be adopted, amended, or repealed. 4:26:51 PM Section 4 adds new subsections to AS 24.05.182 that state a standing committee can review a regulation to determine legislative intent.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 ssta@akleg.gov and it would be entered into the public record. [SB 120 was held in committee.]