Legislature(2015 - 2016)CAPITOL 106

03/15/2016 08:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 273 VEHICLES: TRANSFER ON DEATH TITLE TELECONFERENCED
Moved CSHB 273 (STA) Out of Committee
+= HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE TELECONFERENCED
Heard & Held
+= HCR 15 UNIFORM RULES: REGULATION REVIEW TELECONFERENCED
Scheduled but Not Heard
*+ HB 162 DMV REVOCATION OF DRIVER'S LICENSE TELECONFERENCED
Moved HB 162 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 229-REPEAL ADMIN. REG. REVIEW COMMITTEE                                                                       
                                                                                                                                
8:16:19 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that  the next order  of business  would be                                                               
HOUSE  BILL NO.  229 "An  Act relating  to regulation  notice and                                                               
review  by the  legislature; and  relating to  the Administrative                                                               
Regulation Review Committee."                                                                                                   
                                                                                                                                
[Because of  their length, some  amendments discussed  or adopted                                                               
during the  meeting are found  at the end  of the minutes  for HB
229.  Shorter amendments are included in the main text.]                                                                        
                                                                                                                                
[Left  pending from  the House  State Affairs  Standing Committee                                                               
meeting of  2/4/16, was  a motion to  adopt Amendment  1, labeled                                                               
29-LS1104\A.1,  Gardner,  2/3/16,  with   an  objection  for  the                                                               
purpose of  discussion by Representative Gruenberg.   The pending                                                               
objection  to the  motion to  adopt  Amendment 1  was treated  as                                                               
withdrawn and Amendment 1 was treated as adopted.]                                                                              
                                                                                                                                
REPRESENTATIVE KELLER  moved to  rescind the  committee's actions                                                               
on Amendment  1 [labeled 29-LS1104\A.1, Gardner,  2/3/16].  There                                                               
being no objection, it was so ordered.                                                                                          
                                                                                                                                
8:17:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MIKE   CHENAULT,   Alaska   State   Legislature,                                                               
presented  HB 229,  as  prime sponsor.   He  stated  that HB  229                                                               
relates to regulation  notice and review by the  legislature.  He                                                               
cited the  state's declining  revenues and  the need  to identify                                                               
ways to reduce the cost  of the legislature and state government.                                                               
He  further offered  that  the  Administrative Regulation  Review                                                               
Committee,  although  active  and  effective at  times,  was  not                                                               
always  so, and  HB 229  proposes to  abolish the  Administrative                                                               
Regulation Review  Committee and  turn regulation review  over to                                                               
other committees.                                                                                                               
                                                                                                                                
8:18:43 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked the sponsor  if, after a regulation  is drafted                                                               
by the  department, it would be  turned over to the  committee of                                                               
jurisdiction.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CHENAULT confirmed  that  the department  already                                                               
sends  regulations to  certain legislators  for review;  however,                                                               
under the proposed legislation a  regulation would be sent to the                                                               
committee of  jurisdiction.  The committee  of jurisdiction would                                                               
then have  the option of  scheduling a committee hearing  on that                                                               
regulation.                                                                                                                     
                                                                                                                                
8:19:51 AM                                                                                                                    
                                                                                                                                
TOM  WRIGHT, Staff,  Representative Mike  Chenault, Alaska  State                                                               
Legislature,  testifying on  behalf  of Representative  Chenault,                                                               
prime  sponsor  of  HB  229, said  state  statute  requires  that                                                               
regulations  be  forwarded  to   all  incumbent  legislators  and                                                               
remarked that he is not sure if that occurs.                                                                                    
                                                                                                                                
8:20:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to  adopt Amendment 2,  [labeled 29-                                                               
LS1104\A.4, Gardner, 3/10/16].   [Amendment 2 is  provided at the                                                               
end of the minutes on HB 229.]                                                                                                  
                                                                                                                                
REPRESENTATIVE STUTES objected for purpose of discussion.                                                                       
                                                                                                                                
REPRESENTATIVE  KELLER  declared  his  support  for  HB  229  and                                                               
concurred   with  Representative   Chenault's   testimony.     He                                                               
explained  that the  intent of  Amendment  2 was  to establish  a                                                               
process for  referring a regulation  to a standing  committee and                                                               
to clarify the  powers of the chair in this  process.  He further                                                               
offered  that the  proposed amendment  would give  the chair  the                                                               
power  to   delay  implementation  of  a   regulation  until  the                                                               
committee takes action on the regulation.                                                                                       
                                                                                                                                
8:22:43 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN asked  the  sponsor  how much  money  would be  saved                                                               
through the proposed legislation.                                                                                               
                                                                                                                                
REPRESENTATIVE CHENAULT responded that  the fiscal note indicates                                                               
a savings of about $53,000.                                                                                                     
                                                                                                                                
8:23:51 AM                                                                                                                    
                                                                                                                                
JIM   POUND,   Staff,   Representative   Keller,   Alaska   State                                                               
Legislature,  stated  that  the  intent of  Amendment  2  was  to                                                               
reinstate authority  to the  legislature in  light of  the Alaska                                                               
Supreme  Court ruling  on State  v.  A.L.I.V.E. Voluntary,  which                                                             
reads  that   the  legislature  cannot  annul   a  regulation  by                                                               
resolution.  He further explained  that the court decision stated                                                               
that in order for the legislature  to repeal a regulation, it had                                                               
to  be done  through  a  legislative process  -  that  is, by  an                                                               
introduced bill  that passes through  both houses and is  sent to                                                               
the governor for  signature.  He offered that  under Amendment 2,                                                               
a  regulation would  be sent  to the  presiding officers  of each                                                               
house,  who  may  pass  it  to the  chair  of  the  committee  of                                                               
jurisdiction to decide  if that regulation needs  to be reviewed.                                                               
He  voiced his  belief that  95  percent of  regulations are  not                                                               
problematic but  about 5  percent need  modification.   He stated                                                               
that  under Amendment  2 if,  after review,  a committee  was not                                                               
satisfied  with  the  regulation,  the committee  could  ask  the                                                               
department to  amend it  to comply with  legislative intent.   If                                                               
the department  refused, the committee  could put  the regulation                                                               
on  hold until  the regular  session when  the legislature  could                                                               
attempt to  repeal it through  the legislative process.   He said                                                               
that if  the legislature fails  to repeal the  regulation through                                                               
legislation,  implementation of  the regulation  would occur  the                                                               
day after the end of the  regular session of the legislature.  If                                                               
the committee takes  no action on a regulation within  35 days of                                                               
receipt, the department could proceed with implementation.                                                                      
                                                                                                                                
8:27:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  commented that the 35-day  limitation for                                                               
the committee  response may be too  short, especially considering                                                               
unavailability of legislators during interim.                                                                                   
                                                                                                                                
MR. POUND commented  that the average normal comment  period on a                                                               
regulation is 40  days.  The intent was to  stay within that time                                                               
period.                                                                                                                         
                                                                                                                                
REPRESENTATIVE VAZQUEZ  voiced her concern that  the procedure as                                                               
stated  would suppress  the legislature's  ability  to annul  any                                                               
regulation  at  any time  and  would  put  the legislature  in  a                                                               
position subservient to the executive branch.                                                                                   
                                                                                                                                
MR.  POUND stated  that  the legislature  was  currently in  that                                                               
position.     He   reminded  the   committee  members   that  the                                                               
legislature has gone to court over regulations and lost.                                                                        
                                                                                                                                
8:31:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  requested the  sponsor speak  to Amendment                                                               
2.                                                                                                                              
                                                                                                                                
MR. WRIGHT deferred to Susan Pollard.                                                                                           
                                                                                                                                
8:32:55 AM                                                                                                                    
                                                                                                                                
SUSAN  POLLARD,   Chief  Assistant,  Legislation   &  Regulations                                                               
Section, Department  of Law (DOL),  stated that DOL  had concerns                                                               
with the suspension  provisions in Amendment 2.   She paraphrased                                                               
page 2,  Section 4  (e), by  saying that  in certain  instances a                                                               
standing committee of the legislature  could suspend a regulation                                                               
for a period  of time based on when the  next legislative session                                                               
is, and  the legislature could  choose to  act or not  act during                                                               
that  time.    She  posited  that  the  suspension  part  of  the                                                               
amendment  brings  up  concerns  from the  1980  case,  State  v.                                                             
A.L.I.V.E.  Voluntary.   She explained  that in  the cited  court                                                             
case,  the  Alaska  Supreme  Court   considered  a  now  repealed                                                               
regulation related  to the power  of the legislature to  repeal a                                                               
regulation by  way of concurrent  resolution.  She  conceded that                                                               
the issue of  that case was slightly different  from the language                                                               
in the proposed amendment; however,  she claimed that in State v.                                                             
A.L.I.V.E.  Voluntary,  the  court considered  the  instances  in                                                             
which  the  legislature can  act  to  effectuate something  which                                                               
affects  the  public and  determined  that  moving by  concurrent                                                               
resolution to suspend a regulation  was not sustainable under the                                                               
Alaska  Constitution.   She noted  that Amendment  2 attempts  to                                                               
sidestep the State v. A.L.I.V.E.  Voluntary ruling by including a                                                             
suspension provision  as opposed  to an annulment  provision, but                                                               
does not, however,  remove legal questions or  the possibility of                                                               
litigation, depending on the situation.                                                                                         
                                                                                                                                
8:37:03 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER offered  two  comments  for Ms.  Pollard's                                                               
response:  one,  the process has yet to be  established; and two,                                                               
the  suspension in  the proposed  amendment would  be for  a time                                                               
specific and not an annulment.                                                                                                  
                                                                                                                                
MS. POLLARD  responded that it  is unknown  at this point  if the                                                               
proposed amendment's suspension of  regulation would run afoul of                                                               
State v.  A.L.I.V.E. Voluntary.   She offered that  currently the                                                             
legislature  has the  power to  review and  annul regulations  by                                                               
changing statute.                                                                                                               
                                                                                                                                
8:38:53 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked Ms.  Pollard to  state again                                                               
the defendant in the case that she cited.                                                                                       
                                                                                                                                
MS. POLLARD answered  that it was a non-profit  group referred to                                                               
by the acronym A.L.I.V.E.                                                                                                       
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked Ms.  Pollard if  the concern                                                               
was that  suspension of a  regulation until  the end of  the next                                                               
legislative  session  would  effectively put  the  regulation  in                                                               
limbo  for 11  months  and  may have  an  adverse  effect on  the                                                               
public.                                                                                                                         
                                                                                                                                
MS. POLLARD said  DOL's concern is that  whenever the legislature                                                               
acts  outside  of  the  legislative  enactment  process  and  the                                                               
constitutional   requirements   considered   in  the   State   v.                                                             
A.L.I.V.E.  Voluntary court  case, it  runs the  risk of  a legal                                                             
challenge  to that  action.   She conceded  that there  may be  a                                                               
practical  effect, alluded  to by  Representative Kreiss-Tomkins,                                                               
of  regulations in  long-term  suspension  and public  perception                                                               
regarding those regulations; however,  she contended that was not                                                               
the concern to which she referred.                                                                                              
                                                                                                                                
8:41:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS  offered   that  there   are  two                                                               
concerns to be  addressed in consideration of Amendment  2:  one,                                                               
the  constitutional concern;  and two,  the pragmatic  concern of                                                               
regulations in  limbo impacting the public.   He related it  to a                                                               
hypothetical  situation -  a regulation  passed by  the Board  of                                                               
Fisheries  and   suspended  by   the  House   Resources  Standing                                                               
Committee, which  would essentially  put the regulation  in limbo                                                               
until the adjournment of the next legislative session.                                                                          
                                                                                                                                
MS.  POLLARD  agreed  that his  example  reflects  the  procedure                                                               
described in Section 4 of Amendment 2.                                                                                          
                                                                                                                                
8:42:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  asked  if  the concern  was  regarding  a                                                               
possible  lawsuit due  to the  delay in  implementing regulations                                                               
and, if so, what the basis of that lawsuit would be.                                                                            
                                                                                                                                
MS. POLLARD opined  that it is difficult to speculate.   In State                                                             
v.  A.L.I.V.E.  Voluntary the  Department  of  Revenue (DOR)  was                                                             
enforcing a regulation against the plaintiff in the case.                                                                       
                                                                                                                                
REPRESENTATIVE   KELLER  asked   Ms.  Pollard   to  explain   the                                                               
enforcement aspect - that is,  if the legislature could delay the                                                               
enforcement of an existing regulation through suspension.                                                                       
                                                                                                                                
MS.  POLLARD  claimed  that  the  issue  of  the  status  of  the                                                               
regulation  during  suspension,   including  enforcement  of  the                                                               
regulation, is  a question not yet  answered and is the  basis of                                                               
the hearing.                                                                                                                    
                                                                                                                                
8:45:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  attested that  proposed regulation  is not                                                               
law.   He stated his belief  that Alaskans have the  right to the                                                               
process  and  the  legislature is  uniquely  positioned  to  hear                                                               
concerns  about  regulations.   He  further  contended  that  the                                                               
Department  of  Health  &  Social  Service  (DHSS)  regulation  -                                                               
disallowing guns  in private care  homes -  raises constitutional                                                               
concerns,  and  when confronted  DHSS's  response  was to  extend                                                               
approval time  for that  regulation to  outside of  session time.                                                               
He  recommended   that  the  legislature  have   input  into  the                                                               
regulation process before a regulation takes effect.                                                                            
                                                                                                                                
MR. WRIGHT  suggested that in  the example  Representative Keller                                                               
mentioned, the  legislature has the prerogative  to write statute                                                               
to nullify the  regulation.  In regard  to Representative Kreiss-                                                               
Tomkins' concern, Mr.  Wright recommended that the  Board of Game                                                               
and the Board of Fisheries  be exempt from the proposed amendment                                                               
because, in  his opinion,  regulations coming  from end-of-season                                                               
decisions  cannot wait  a whole  season for  implementation.   He                                                               
cautioned that there  may be unknown consequences  to Amendment 2                                                               
and careful thought and more work is needed before adoption.                                                                    
                                                                                                                                
8:49:20 AM                                                                                                                    
                                                                                                                                
MR.  WRIGHT,  in response  to  Chair  Lynn,  stated that  he  has                                                               
concerns about Amendment  2, but supports the bill  moving out of                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER stated  that he  supports Amendment  2 and                                                               
fears that  HB 229 without  it further distances  the legislature                                                               
from the regulatory process.                                                                                                    
                                                                                                                                
8:52:08 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:52 a.m. to 8:55 a.m.                                                                       
                                                                                                                                
8:55:27 AM                                                                                                                    
                                                                                                                                
MR. WRIGHT  requested that  the agencies look  at Amendment  2 to                                                               
determine any fiscal impacts.                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER requested  the chair  schedule HB  229 for                                                               
the  next  House State  Affairs  Standing  Committee meeting  and                                                               
promised to consult with the agencies.                                                                                          
                                                                                                                                
CHAIR LYNN announced that HB 229 was held over.                                                                                 
                                                                                                                                
                           AMENDMENTS                                                                                         
                                                                                                                                
The following amendments to HB 229 were either discussed or                                                                     
adopted during the hearing.  [Shorter amendments are provided in                                                                
the main text only.]                                                                                                            
                                                                                                                                
Amendment 2 [29-LS1104\A.4, Gardner, 3/10/16] (pending):                                                                      
                                                                                                                                
     Page 1, line 1, following "legislature;":                                                                                
          Insert   "providing    for   legislative   review,                                                                  
     amendment, approval, disapproval,  annulment, and delay                                                                  
     of proposed agency regulations;"                                                                                         
                                                                                                                                
     Page 1, lines 4 - 6:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Page 1, line 7:                                                                                                            
          Delete "Sec. 2"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                              
     Page 2, lines 1 - 8:                                                                                                       
          Delete all material and insert:                                                                                       
        "* Sec. 2. AS 24.05.182(a) is amended to read:                                                                      
          (a)  A standing committee of the legislature                                                                          
     furnished   notice   of   a   proposed   action   under                                                                    
     AS 44.62.190  or  44.62.320(d) shall,  consistent  with                                                            
     the  committee's   jurisdiction  as  provided   in  the                                                                
     uniform rules  of the legislature, review  the proposed                                                                
     regulation, amendment  of a regulation, or  repeal of a                                                                    
     regulation before the date  the regulation is scheduled                                                                    
     by the department or agency  to be adopted, amended, or                                                                    
     repealed.                                                                                                                  
        * Sec. 3. AS 24.05.182(d) is amended to read:                                                                         
          (d) A standing committee that receives a copy of                                                                  
     a proposed  regulation, amendment,  or order  of repeal                                                                
     under  AS 44.62.320(d)  shall,  within  35  days  after                                                                
     receipt  of  the  proposed  regulation,  amendment,  or                                                                
     order  of repeal,  approve or  disapprove the  proposed                                                                
     regulation,  amendment, or  order  of repeal.   If  the                                                                
     standing committee does not take  action within 35 days                                                                
     after  receipt of  the proposed  regulation, amendment,                                                                
     or   order   of   repeal,  the   proposed   regulation,                                                                
     amendment,  or  order  of repeal  shall  be  considered                                                                
     approved.  If a  standing committee  determines that  a                                                                
     regulation, amendment  to a regulation, or  repeal of a                                                                    
     regulation  does  not  properly  implement  legislative                                                                    
     intent   and  disapproves   or  returns   the  proposed                                                                
     regulation,  amendment,  or  order  of  repeal  to  the                                                                
     department   or   agency,  the   standing   committee's                                                                
     findings  shall, within  35 days  after receipt  of the                                                                
     proposed regulation, amendment, or  order of repeal, be                                                                
     transmitted to the                                                                                                         
               (1)  department or agency;                                                                                   
               (2)  regulations attorney at the Department                                                                  
     of Law; and                                                                                                            
               (3)  senate secretary and the chief clerk of                                                                 
     the    house    of   representatives    [ADMINISTRATIVE                                                                
     REGULATION REVIEW COMMITTEE].                                                                                              
        *  Sec. 4.  AS 24.05.182  is amended  by adding  new                                                                  
     subsections to read:                                                                                                       
          (e) A proposed regulation, amendment, or order of                                                                     
     repeal that  is disapproved under this  section or that                                                                    
     is  returned  to  the  department   or  agency  with  a                                                                    
     proposed amendment, other  than an emergency regulation                                                                    
     adopted  under AS 44.62.250,  shall be  suspended until                                                                    
     the  adjournment   of  the  next   regular  legislative                                                                    
     session   following  the   date   of  the   committee's                                                                    
     disapproval.  The  notice  of  disapproval  under  this                                                                    
     section  expires   upon  adjournment  of   the  regular                                                                    
     legislative  session during  which  the disapproval  or                                                                    
     amendment was  made or,  if the  legislature is  not in                                                                    
     regular session,  the next regular  legislative session                                                                    
     following   the  date   of   disapproval,  unless   the                                                                    
     legislature  enacts  a  law that  annuls  the  proposed                                                                    
     regulation or order of repeal.                                                                                             
          (f) If the standing committee that is reviewing a                                                                     
     proposed  regulation,  amendment,  or order  of  repeal                                                                    
     under   this   section  disapproves   the   regulation,                                                                    
     amendment, or order of repeal  or proposes an amendment                                                                    
     to the  regulation, amendment, or order  of repeal, the                                                                    
     department  or  agency  that proposed  the  regulation,                                                                    
     amendment, or order of repeal  may request leave of the                                                                    
     standing committee  to withdraw  or amend  the proposed                                                                    
     regulation, amendment, or order of repeal.                                                                                 
          (g)   In    determining   whether    to   approve,                                                                    
     disapprove, or amend  a proposed regulation, amendment,                                                                    
     or  order of  repeal under  this section,  the standing                                                                    
     committee shall consider                                                                                                   
               (1) whether the absence of a regulation                                                                          
     would  significantly harm  or  endanger public  health,                                                                    
     safety, or welfare;                                                                                                        
               (2) whether a less restrictive regulation                                                                        
     would address the  regulatory concerns while adequately                                                                    
     protecting the public;                                                                                                     
               (3) whether the  regulation would directly or                                                                    
     indirectly increase the cost of any goods or services;                                                                     
               (4)   whether    the   increased    cost   of                                                                    
     implementing  and  enforcing  the regulation  would  be                                                                    
     more detrimental than the purpose of the regulation;                                                                       
               (5)  whether  the   regulation  was  designed                                                                    
     solely for the purpose of  the protection of the public                                                                    
     and  would have  the primary  effect of  protecting the                                                                    
     public; and                                                                                                                
               (6)   any   other   factors   the   committee                                                                    
     considers to be appropriate."                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, lines 4 - 7:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 24, through page 4, line 19:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, following line 5:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 10. AS 44.62.180 is amended to read:                                                                        
          Sec. 44.62.180. Effective date. A regulation or                                                                     
     an  order of  repeal filed  by the  lieutenant governor                                                                    
     becomes effective  on the  30th day  after the  date of                                                                    
     filing unless                                                                                                              
               (1)   otherwise specifically provided  by the                                                                    
     statute under  which the regulation or  order of repeal                                                                    
     is adopted, in which event  it becomes effective on the                                                                    
     day prescribed by the statute;                                                                                             
               (2)    it  is a  regulation  prescribing  the                                                                    
     organization or procedure of an  agency, in which event                                                                    
     it  becomes effective  upon  filing  by the  lieutenant                                                                    
     governor or  upon a later  date specified by  the state                                                                    
     agency in  a written  instrument submitted with,  or as                                                                    
     part of, the regulation or order of repeal;                                                                                
               (3)   it is an emergency  regulation or order                                                                    
     of  repeal adopted  under AS 44.62.250,  in which  case                                                                    
     the   finding   and   the  statement   of   the   facts                                                                    
     constituting the  emergency shall  be submitted  to the                                                                    
     lieutenant  governor,   together  with   the  emergency                                                                    
     regulation  or order  of repeal,  which, in  that event                                                                    
     only, becomes  effective upon filing by  the lieutenant                                                                    
     governor or  upon a later  date specified by  the state                                                                    
     agency in  a written  instrument submitted with,  or as                                                                    
     part of, the regulation or order of repeal;                                                                                
               (4)  a later date is prescribed by the state                                                                     
     agency in  a written  instrument submitted with,  or as                                                                    
     part of, the regulation or order of repeal;                                                                            
               (5) a standing committee of the legislature                                                                  
     disapproves  the  regulation  or   returns  it  to  the                                                                
     department or  agency with a proposed  amendment, under                                                                
     AS 24.05.182,   in   which   case,  if   the   proposed                                                                
     regulation,  amendment,   or  order  of   repeal  takes                                                                
     effect, it takes effect on the later of                                                                                
               (A) adoption by the agency of an amendment                                                                   
     proposed by  a standing  committee of  the legislature;                                                                
     or                                                                                                                     
               (B) one day following adjournment of both                                                                    
     houses   of   the   legislature   as   provided   under                                                                
     AS 44.62.325."                                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 31, following "legislators":                                                                                  
          Insert "and to the presiding officer of each                                                                      
     house"                                                                                                                 
                                                                                                                                
     Page 6, line 4, through page 9, line 9:                                                                                    
          Delete all material and insert:                                                                                       
        "* Sec. 12. AS 44.62.190(b) is amended to read:                                                                     
          (b)  If the form or manner of notice is                                                                               
     prescribed by statute, in  addition to the requirements                                                                    
     of filing  and furnishing  notice under  AS 44.62.010 -                                                                    
     44.62.300,  or  in  addition  to  the  requirements  of                                                                    
     filing and mailing notice under  other sections of this                                                                    
     chapter,  the   notice  shall  be   published,  posted,                                                                    
     mailed,  filed, or  otherwise publicized  as prescribed                                                                    
     by  the  statute.  In  the   notice  furnished  to  the                                                                
     legislature  under   AS 44.62.190(a)(6),  new  language                                                                
     added to  an existing  regulation shall  be underlined,                                                                
     and language deleted from  an existing regulation shall                                                                
     be bracketed and capitalized.                                                                                          
        * Sec. 13. AS 44.62.195 is amended to read:                                                                           
          Sec. 44.62.195. Fiscal notes on regulations. If                                                                     
     the adoption, amendment, or repeal  of a regulation has                                                                
     an economic effect on a  department, agency, or person,                                                                
     the  proposed  regulation  or   order  of  repeal  must                                                                
     include  a fiscal  note prepared  by the  department or                                                                
     agency in  accordance with this section  [WOULD REQUIRE                                                                
     INCREASED APPROPRIATIONS  BY THE STATE,  THE DEPARTMENT                                                                    
     OR  AGENCY AFFECTED  SHALL PREPARE  AN ESTIMATE  OF THE                                                                    
     APPROPRIATION  INCREASE FOR  THE FISCAL  YEAR FOLLOWING                                                                    
     ADOPTION, AMENDMENT,  OR REPEAL  OF THE  REGULATION AND                                                                    
     FOR AT LEAST TWO SUCCEEDING FISCAL YEARS].                                                                                 
        * Sec. 14.  AS 44.62.195 is amended by  adding a new                                                                  
     subsection to read:                                                                                                        
          (b)  A fiscal note required under this section                                                                        
     must include, where applicable,                                                                                            
               (1)  a determination  of the present need for                                                                    
     the   regulation  and   the  expected   need  for   the                                                                    
     regulation;                                                                                                                
               (2)    a  determination   of  the  costs  and                                                                    
     benefits of  the regulation and  an explanation  by the                                                                    
     department   or   agency   of  whether   the   proposed                                                                    
     regulation is  the most cost-effective,  efficient, and                                                                    
     feasible  means   of  allocating  public   and  private                                                                    
     resources to achieve the stated purpose;                                                                                   
               (3)   the effect of the  regulation on market                                                                    
     competition;                                                                                                               
               (4)   the  effect  of the  regulation on  the                                                                    
     cost of  living, employment, and doing  business in the                                                                    
     geographical  regions where  the regulation  would have                                                                    
     the greatest effect;                                                                                                       
               (5)   the source of revenue  to implement and                                                                    
     enforce the regulation;                                                                                                    
               (6)   a summary  of the short-term  and long-                                                                    
     term economic  effects of the regulation,  including an                                                                    
     analysis of the  persons or groups that  would bear the                                                                    
     costs of the regulation and  the persons or groups that                                                                    
     would   benefit  directly   or   indirectly  from   the                                                                    
     regulation;                                                                                                                
               (7)    the  difficulties  the  department  or                                                                    
     agency encountered,  if any, in estimating  the persons                                                                    
     or  groups that  would benefit  from the  regulation or                                                                    
     bear the costs of the regulation;                                                                                          
               (8)   the effect that adopting  or failing to                                                                    
     adopt the regulation would have  on the environment and                                                                    
     public health.                                                                                                             
        * Sec. 15. AS 44.62.245(c) is amended to read:                                                                        
          (c)  The state agency shall also send the notice                                                                      
     described in (b)(2) of this section to                                                                                     
               (1)   a  person who  has placed  the person's                                                                    
     name on  a distribution  list kept  by the  agency that                                                                    
     lists  persons  who want  to  receive  the notice;  the                                                                    
     agency may allow a person  to request that distribution                                                                    
     of the  notice be by  electronic means and  shall honor                                                                    
     that request if appropriate means are available;                                                                           
               (2)  the regulations attorney in the                                                                             
     Department of Law; and                                                                                                     
               (3)  the presiding officer of each house of                                                                  
     the  legislature  [THE  MEMBERS OF  THE  ADMINISTRATIVE                                                                
     REGULATION REVIEW COMMITTEE].                                                                                              
        * Sec. 16. AS 44.62.320(b) is amended to read:                                                                        
          (b)  At the same time a regulation is filed by                                                                        
     the lieutenant governor,  the lieutenant governor shall                                                                    
     submit the regulation to the  presiding officer of each                                                                
     house of  the legislature [CHAIRMAN AND  ALL MEMBERS OF                                                                
     THE  ADMINISTRATIVE  REGULATION  REVIEW  COMMITTEE  FOR                                                                    
     REVIEW  UNDER AS 24.20.400  - 24.20.460]  together with                                                                    
     the fiscal  information required  to be  prepared under                                                                    
     AS 44.62.195.                                                                                                              
        * Sec. 17. AS 44.62.320(c) is amended to read:                                                                        
          (c)  At the same time as a regulation is                                                                              
     submitted  to the  governor under  AS 44.62.040(c), the                                                                    
     state  agency  shall  submit   the  regulation  to  the                                                                    
     presiding  officer of  each  house  of the  legislature                                                                
     [CHAIR   AND   ALL   MEMBERS  OF   THE   ADMINISTRATIVE                                                                    
     REGULATION   REVIEW   COMMITTEE    FOR   REVIEW   UNDER                                                                    
     AS 24.20.400  -  24.20.460]  together with  the  fiscal                                                                    
     information    required    to   be    prepared    under                                                                    
     AS 44.62.195.                                                                                                              
        * Sec. 18. AS 44.62.320(d) is amended to read:                                                                        
          (d)  Within 10 days after receiving a regulation                                                                      
     under   (b)   or  (c)   of   this   section  or   under                                                            
     AS 44.62.190(a)(6),  the  presiding   officer  of  each                                                                
     house of  the legislature  shall provide copies  of the                                                                
     regulation to the  standing committee with jurisdiction                                                                
     over the  subject matter of the  regulation as provided                                                                
     in  the uniform  rules  of the  legislature for  review                                                                
     under AS 24.05.182  [, THE CHAIR OF  THE ADMINISTRATIVE                                                                
     REGULATION   REVIEW  COMMITTEE   MAY   SUBMIT  TO   THE                                                                    
     GOVERNOR,   BY   LEGISLATIVE  MEMORANDUM   OR   LETTER,                                                                    
     COMMENTS ON THE REGULATION].                                                                                               
        *  Sec. 19.  AS 44.62  is amended  by  adding a  new                                                                  
     section to article 7 to read:                                                                                              
          Sec.    44.62.325.   Legislative    annulment   of                                                                  
     regulations. (a)  The legislature  may, in  the regular                                                                
     legislative  session  during  which  a  disapproval  or                                                                    
     amendment  is made  or, if  the legislature  is not  in                                                                    
     regular  session, the  next  regular session  following                                                                    
     the disapproval or amendment  of a proposed regulation,                                                                    
     amendment, or  order of repeal by  a standing committee                                                                    
     under  AS 24.05.182,  annul  the  proposed  regulation,                                                                    
     amendment  of  the  proposed regulation,  or  order  of                                                                    
     repeal by law.                                                                                                             
          (b)  If the legislature, following adjournment of                                                                     
     the   regular  legislative   session  during   which  a                                                                    
     disapproval   or  amendment   is   made   or,  if   the                                                                    
     legislature  is  not  in   regular  session,  the  next                                                                    
     regular session  following disapproval or  amendment of                                                                    
     a proposed  regulation, amendment,  or order  of repeal                                                                    
     by  a standing  committee under  AS 24.05.182, has  not                                                                    
     enacted  a law  that  annuls  the proposed  regulation,                                                                    
     amendment  of  the  proposed regulation,  or  order  of                                                                    
     repeal,  the  proposed  regulation,  amendment  of  the                                                                    
     proposed regulation,  or order  of repeal  takes effect                                                                    
     one  day  after  adjournment  of  both  houses  of  the                                                                    
     legislature."                                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 9, line 13:                                                                                                           
          Delete "(AS 44.62.040 - 44.62.319) [AS 44.62.040                                                                  
     - 44.62.320]"                                                                                                              
          Insert "(AS 44.62.040 - 44.62.320)"                                                                                   
                                                                                                                                
     Page 9, line 20:                                                                                                           
          Delete       "AS 24.05.182(b),       24.05.182(c),                                                                    
     24.05.182(d);"                                                                                                             
                                                                                                                                
     Page 9, line 22:                                                                                                           
         Delete "AS 40.25.120(a)(11); and AS 44.62.320"                                                                         
          Insert "and AS 40.25.120(a)(11)"                                                                                      
                                                                                                                                
CHAIR LYNN announced that HCR 15 would be rescheduled for the                                                                   
next House State Affairs Standing Committee.                                                                                    
                                                                                                                                
[HCR 15 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
08 HB 273 Letter of Support AK Auto Assn 1-28-2016.pdf HSTA 3/15/2016 8:00:00 AM
HB 273
09 CSHB 273 v.I (STA).pdf HSTA 3/15/2016 8:00:00 AM
HB 273
10 HB273 Sectional Analysis v.I.pdf HSTA 3/15/2016 8:00:00 AM
HB 273
09 Keller Amendment A.4 HB 229 as of 3-10-2016.pdf HSTA 3/15/2016 8:00:00 AM
HB 229
01 HB 162 Ver. A.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
02 HB 162 Sponsor Statement 1-2412016.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
03 HB 162 Supporting Document - Spreadsheet States.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
04 HB 162 Supporting Document - NHTSA Traffic Safety Facts January 2008.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
05 HB 162 AS 28.15.181.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
06 HB 162 AS 28.15.166.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
07 HB 162 AS 28.05.165.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
08 HB 162 Supporting Document - Montana Code Annotated.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
09 HB162 Fiscal Note DOA-Motor Vehicles.pdf HSTA 3/15/2016 8:00:00 AM
HB 162
10 HB 162 Legal Services Bill draft request 4 Nov 2014.pdf HSTA 3/15/2016 8:00:00 AM
HB 162