Legislature(2015 - 2016)CAPITOL 106

03/17/2016 08:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 276 LIMITED LIC FOR DUI;TREATMENT & INTERLOCK TELECONFERENCED
<Bill Hearing Canceled>
*+ HB 351 ADOPTION OF REGS; LIMITATIONS; VOID REGS TELECONFERENCED
Moved CSHB 351(STA) Out of Committee
*+ HB 259 RELOCATION ASSISTANCE FOR FED. PROJ/PROG TELECONFERENCED
Moved HB 259 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE TELECONFERENCED
Heard & Held
+= HCR 15 UNIFORM RULES: REGULATION REVIEW TELECONFERENCED
Scheduled but Not Heard
           HB 229-REPEAL ADMIN. REG. REVIEW COMMITTEE                                                                       
                                                                                                                                
8:23:24 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."                                                                                                   
                                                                                                                                
[Left  pending from  the House  State Affairs  Standing Committee                                                               
meeting  on 3/15/16  was  a motion  by  Representative Keller  to                                                               
adopt Amendment 2, labeled  29-LS1104\A.4, Gardner, 3/10/16, with                                                               
an  objection  by  Representative   Stutes  for  the  purpose  of                                                               
discussion.    The  pending  objection to  the  motion  to  adopt                                                               
Amendment 2 was treated as withdrawn.]                                                                                          
                                                                                                                                
[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.]                                                                        
                                                                                                                                
8:24:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MIKE CHENAULT, Alaska  State Legislature, as prime                                                               
sponsor  of  HB  229,  indicated  that he  had  no  objection  to                                                               
Amendment 2,  by Representative  Keller.   He said  he had  a few                                                               
concerns that could be addressed.                                                                                               
                                                                                                                                
8:25:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to adopt  Amendment 1 to Amendment 2,                                                               
labeled  29-LS1104\A.5,  Gardner,  3/16/16.     [Amendment  1  to                                                               
Amendment 2  is provided  at the  end of the  minutes on  HB 229.                                                               
The difference between  Amendment 2 and Amendment  1 to Amendment                                                               
2 is the addition of Section  4, subsection (h), on page 3, lines                                                               
17-21, as numbered on Amendment 1 to Amendment 2.]                                                                              
                                                                                                                                
REPRESENTATIVE TALERICO objected for purpose of discussion.                                                                     
                                                                                                                                
8:26:25 AM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature,  on  behalf  of  Representative  Keller,  said  that                                                               
Amendment  1 to  Amendment 2  addresses a  concern regarding  the                                                               
effect that  HB 229  would have  on the ability  of the  Board of                                                               
Game  and  the  Board  of  Fisheries to  pass  regulations.    He                                                               
indicated  that  the  language  [in  question]  was  on  page  2,                                                               
beginning on line 27 [as numbered  on Amendment 1 to Amendment 2]                                                               
and  was in  Section 4,  subsection (f)  [of Amendment  2].   The                                                               
proposed  amendment addresses  that concern  [by the  addition of                                                               
subsection (h)].  He offered  that the Twenty-Eighth Alaska State                                                               
Legislature  previously addressed  this same  concern in  passing                                                               
House Bill  140 in which  exemptions were made for  the following                                                               
quasi-judicial  agencies:    the  Board of  Game,  the  Board  of                                                               
Fisheries,  the Regulatory  Commission of  Alaska (RCA),  and the                                                               
Alaska Oil  and Gas  Conservation Committee  (AOGCC).   He stated                                                               
that Amendment 1  to Amendment 2 would allow  the regulations and                                                               
the regulatory process within these agencies to remain intact.                                                                  
                                                                                                                                
8:27:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  remarked   that  Amendment  1  to                                                               
Amendment  2  was lengthy  and  included  many  citations.     He                                                               
queried whether the committee might  benefit from a more detailed                                                               
explanation  of  the  entire  amendment.   He  also  asked  which                                                               
document was being called Amendment 1 to Amendment 2.                                                                           
                                                                                                                                
8:28:06 AM                                                                                                                    
                                                                                                                                
MR. POUND clarified  that the document labeled  A.5 was Amendment                                                               
1 to Amendment 2.                                                                                                               
                                                                                                                                
8:28:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER,  in  response to  Representative  Kreiss-                                                               
Tomkins,  maintained  that  the  committee had  already  heard  a                                                               
detailed explanation  of Amendment 2.    He  recommended adoption                                                               
of Amendment 1 to Amendment 2 for further discussion.                                                                           
                                                                                                                                
8:29:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  withdrew his objection.   There being no                                                               
further objection, Amendment 1 to Amendment 2 was adopted.                                                                      
                                                                                                                                
8:29:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER, in response  to Chair Lynn, clarified that                                                               
the committee  members now  had Amendment  2, as  amended, before                                                               
them for discussion.                                                                                                            
                                                                                                                                
8:29:50 AM                                                                                                                    
                                                                                                                                
MR. POUND explained  that [Amendment 2, as  amended] would change                                                               
the title  of HB 229, in  Section 1, by inserting  "providing for                                                               
legislative review, amendment,  approval, disapproval, annulment,                                                               
and   delay   of    proposed   agency   regulations",   following                                                               
"legislature;", on  page 1,  line 1.   He  stated that  Section 3                                                               
would  be renamed  Section 2,  and that  Section 2  would put  AS                                                               
44.62.320(d)  back  into  the  statute   -  that  is,  review  of                                                               
regulations by  the legislature.   He added that Section  2 would                                                               
authorize  without question  the  jurisdiction  of committees  to                                                               
review proposed  regulations.  Mr.  Pound referred to  Section 3,                                                               
subsection (d), and  noted the 35-day time  period for committees                                                               
to take  action on  a regulation, after  which time  a department                                                               
could proceed with  implementation.  He pointed out  that 35 days                                                               
is within the normal public comment period.                                                                                     
                                                                                                                                
MR.  POUND  continued by  describing  the  process by  which  the                                                               
legislature could  temporarily disapprove a  regulation, outlined                                                               
in  Section  4 of  Amendment  2.    This  process would  allow  a                                                               
department  to  amend a  regulation  to  comply with  legislative                                                               
intent or, if the department  refused, would delay the regulation                                                               
until the next  legislative session, at which  time the committee                                                               
could introduce  legislation to disapprove  the regulation.   Mr.                                                               
Pound stated that  Section 3 consists of the  review criteria for                                                               
a regulation - that is,  the regulation meets the requirements of                                                               
the statute,  follows legislative intent, and  meets certain cost                                                               
requirements.  He  stated that Section 3  returns AS 44.62.320(d)                                                               
to the statute.                                                                                                                 
                                                                                                                                
MR. POUND  referred to  Section 10 of  Amendment 2,  which states                                                               
that the departments  must review any amendments  proposed by the                                                               
legislature and,  if no  action is  taken during  the legislative                                                               
session, the  regulation would be  implemented the day  after the                                                               
end  of session.    He also  noted that  Section  10 states  that                                                               
regulations would be  submitted to the presiding  officer of each                                                               
house,   since  HB   299  would   eliminate  the   Administrative                                                               
Regulation Review Committee.  Mr.  Pound then referred to Section                                                               
12, which  explains that  new language  for regulations  would be                                                               
displayed in the same format  as new language for legislation for                                                               
ease of review.                                                                                                                 
                                                                                                                                
MR. POUND  explained that  through the changes  in Section  13 of                                                               
Amendment  2,   the  proposed   legislation  would   require  the                                                               
department to  provide fiscal notes on  regulations detailing how                                                               
much a  regulation would cost  the department, the  division, and                                                               
the public.   He went on to  cite Sections 16 and  17 which would                                                               
require  the  cost  information  to  be  submitted  to  presiding                                                               
officers  who  in  turn  would  submit  the  information  to  the                                                               
committee  of  jurisdiction for  review.    Mr. Pound  said  that                                                               
Section 18  states that  the presiding  officers would  receive a                                                               
copy  of the  regulations  in  a timely  manner,  and Section  19                                                               
details the annulment process, already described.                                                                               
                                                                                                                                
8:37:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  Mr.  Pound  to verify  that                                                               
under the proposed Amendment 2  the annulment process would be as                                                               
follows:    if  a  committee voiced  disapproval  of  a  proposed                                                               
regulation,  the regulation  would not  be implemented  until the                                                               
end  of   the  legislative  session  giving   the  committee  the                                                               
opportunity  to  put  forth legislation  that  would  effectively                                                               
nullify  the proposed  regulation, and  then, if  the legislature                                                               
failed  to  pass  legislation  to  nullify  the  regulation,  the                                                               
regulation  would  go  into  effect at  the  adjournment  of  the                                                               
session.                                                                                                                        
                                                                                                                                
MR. POUND  agreed but  stressed that the  committee would  not be                                                               
able to  annul a regulation.   He stated a committee  could put a                                                               
hold on the implementation of a regulation.                                                                                     
                                                                                                                                
8:39:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ lamented  there had  been little  time to                                                               
review  the  eight-page  amendment.    She  asked  how  emergency                                                               
regulations would be handled by the proposed amendment.                                                                         
                                                                                                                                
MR.  POUND responded  that the  only change  made by  the adopted                                                               
Amendment 1 to  Amendment 2 [by Amendment 1] is  found in Section                                                               
4,  subsection  (h),  on  page  3, lines  17-21,  and  names  the                                                               
organizations that  would be exempt [from  regulation suspension]                                                               
-  Board of  Fisheries,  Board  of Game,  RCA,  AOGCC, Office  of                                                               
Victims' Rights (OVR),  and the Alaska Office of  the Ombudsman -                                                               
and also mentions the exemption for emergency regulations.                                                                      
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  asked  whether  the  proposed  amendment                                                               
includes emergency regulations from  the Department of Health and                                                               
Social Services (DHSS), Division of Public Health (DPH).                                                                        
                                                                                                                                
MR. POUND  confirmed that emergency  regulations are  included in                                                               
the proposed amendment.                                                                                                         
                                                                                                                                
REPRESENTATIVE VAZQUEZ  asked if an  agency can decide to  name a                                                               
regulation  as an  emergency  regulation to  be  included in  the                                                               
exemption.                                                                                                                      
                                                                                                                                
MR. POUND responded  that there is existing language  in AS 44.62                                                               
regarding emergency  regulations, and  if a department  wished to                                                               
extend them, it would have to go through the regulatory process.                                                                
                                                                                                                                
8:42:35 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:42 a.m. to 8:43 a.m.                                                                       
                                                                                                                                
8:43:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   VAZQUEZ  referred   to   AS  44.62.250,   titled                                                               
"emergency  regulations",  which   states  that  departments  are                                                               
allowed to  issue emergency regulations  if, and she  quoted from                                                               
the  statute, "necessary  for the  immediate preservation  of the                                                               
public peace, health, safety, or general welfare."                                                                              
                                                                                                                                
8:44:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  removed her  objection to Amendment  2, as                                                               
amended.    Without further  objection, Amendment 2,  as amended,                                                               
was adopted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER called  attention to the copy  of an e-mail                                                               
in  the  committee  packet,  addressed to  Mr.  Pound,  staff  to                                                               
Representative Keller,  and Nancy Manly, staff  to Representative                                                               
Lynn,  from Natasha  McClanahan, Assistant  Legislative Director,                                                               
and Office of the Governor,  which describes the fiscal impact of                                                               
Amendment 2.   Representative Keller  noted the zero  fiscal note                                                               
attached to  the amendment and  asked the committee to  adopt the                                                               
zero fiscal note.  He asked Mr.  Pound to respond to the items in                                                               
the e-mail for the committee members.                                                                                           
                                                                                                                                
8:46:53 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 8:47 a.m.                                                                                 
                                                                                                                                
8:47:05 AM                                                                                                                    
                                                                                                                                
MR.  POUND stated  that the  e-mail described  concerns from  the                                                               
departments  and agencies  concerning the  delay of  regulations.                                                               
Mr. Pound expressed his observation  that since legislation often                                                               
takes two  years to  pass, there  is already a  delay.   He added                                                               
that when  a department introduces  a regulation, within  90 days                                                               
it becomes the "law  of the land" and no review  is required.  He                                                               
cited one  agency's claim on page  2 of the e-mail  that $164,000                                                               
would  be  needed to  hire  a  regulation specialist  to  analyze                                                               
legislation.    Mr.  Pound  contended that  it  already  was  the                                                               
responsibility of  the departments and agencies  to analyze bills                                                               
so that the regulations they  created met legislative intent, and                                                               
that the purpose of the proposed  amendment was to make sure they                                                               
fulfilled that responsibility.  He  voiced his agreement with the                                                               
sponsor that Amendment  2, as amended, should have  a zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
8:49:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  moved to adopt  the zero fiscal  note, the                                                               
fiscal note  from the Department  of Law (DOL), and  the negative                                                               
fiscal note.  Without objection, it was so ordered.                                                                             
                                                                                                                                
8:49:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ expressed that  she hasn't had opportunity                                                               
to review  the lengthy document  from the Office of  the Governor                                                               
to legislative  staff.  She  referred to the adopted  Amendment 1                                                               
to Amendment 2, page 4, line  30, and indicated that she couldn't                                                               
locate the cited statute, AS 44.62.325.                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER mentioned that HB  229 would be referred to                                                               
the House  Finance Committee if it  moves out of the  House State                                                               
Affairs Standing Committee.                                                                                                     
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  claimed  that  although  she  likes  the                                                               
intent  of HB  229, the  House State  Affairs Standing  Committee                                                               
shouldn't relegate their duties to another committee.                                                                           
                                                                                                                                
MR. POUND responded to Representative Vazquez's question by                                                                     
saying that AS 44.62.325 is new language and is located on page                                                                 
7 of Amendment 2 [Section 19, beginning on line 18].                                                                            
                                                                                                                                
8:52:51 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN stated that since there is a concern on the committee                                                                
regarding HB 229, he will hold the bill.                                                                                        
                                                                                                                                
                           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 1 to Amendment 2 [29-LS1104\A.5, Gardner, 3/16/16]                                                                
(adopted):                                                                                                                      
                                                                                                                                
     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) Except as provided in (h) of this section, 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 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.                                                                                               
          (h)  A proposed regulation, amendment, or order                                                                       
     of repeal  by 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, or the office  of the ombudsman, or an                                                                    
     emergency  regulation adopted  under AS 44.62.250,  are                                                                    
     not subject to suspension under (e) of this section."                                                                      
                                                                                                                                
     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  proposed  regulation,  amendment,  or                                                                
     order of repeal has  been suspended 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)"                                                                                      
                                                                                                                                
[HB 229 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
1 HB259 ver A.pdf HSTA 3/17/2016 8:00:00 AM
HB 259
2 HB259 Sponsor Statement.pdf HSTA 3/17/2016 8:00:00 AM
HB 259
3 HB259 Fiscal Note-DOT-DES-1-19-16.pdf HSTA 3/17/2016 8:00:00 AM
HB 259
01 HB 351 ver.W.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
02 HB 351 Sponsor Statement ver.W.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
03 HB 351 Sectional Analysis ver.W.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
04 HB 351 NFIB Support Letter.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
05 HB 351 Supporting Documents - Letter from the AK Chamber.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
06 CS HB 351 Summary of Changes Version E.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
07 CS HB 351 Ver E.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
08 CS HB 351 version E Sectional Analysis.pdf HSTA 3/17/2016 8:00:00 AM
HB 351
10 Keller Amendment A.5 to A.4 CS HB 229 as of 3-16-2016.pdf HSTA 3/17/2016 8:00:00 AM
HB 229