Legislature(1993 - 1994)
02/08/1993 01:00 PM House ARR
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
TAPE 93-1, SIDE A
Number 000
The meeting of the Administrative Regulation Review
Committee was called to order by CHAIRMAN GARY DAVIS at 1:08
p.m. Chairman Davis noted that AS 24.20.41 related to
membership in the Administrative Regulation Review Committee
and that it was up to the committee to nominate its chair
and vice-chair.
SEN. MIKE MILLER nominated REP. GARY DAVIS to chair the
Administrative Regulation Review Committee. Rep. Hudson
seconded the motion.
Number 012
REP. BRICE moved that SEN. LEMAN be named as vice-chairman.
Without objection it was so ordered.
(The presence of Sen. Lincoln was noted at 1:15 p.m.)
CHAIRMAN DAVIS referred the members of the committee to the
materials contained in their committee packets. He made
reference to a packet of all statutes relating to the
Administrative Regulation Review Committee, the DRAFTING
MANUAL FOR ADMINISTRATIVE REGULATIONS, a report by Kathy
Hathaway, staff to Sen. Hensley, entitled, "Alternative
Approaches to Oversee Administrative Regulatory Activities."
The report is an informative study discussing the history of
the Administrative Regulation Review Committee, its powers,
and the ramifications of the State v. A.L.I.V.E. decision of
1980, on the ability of the legislature to control
regulations.
Number 082
Also included was a copy of House Joint Resolution 11 and
Senate Joint Resolution 11: Proposing amendments to the
Constitution of the State of Alaska relating to the repeal
of regulations by the legislature.
There was also a memo from Rep. Phillips showing the results
of the three previous election results regarding this
initiative.
Number 105
A letter from last year's Administrative Regulation Review
Committee was included, demonstrating their support for the
constitutional amendment in SJR 2, which is identical to
HJR 11, and was introduced during the 17th Legislature.
Lastly, there was a news release from the governor's office
announcing the creation of the Regulatory Review Task Force.
Number 120
CHAIRMAN DAVIS stated that he recently spoke with BONNIE
WILLIAMS, chair of the task force, and by mid-March the task
force's recommendations would be published for the committee
to review.
Number 147
CHAIRMAN DAVIS made mention of concerns expressed to him
from Rep. Brice relating to mining regulations that he would
like to see the committee address. He noted that besides
committee members, he expected to receive reports from
standing committees about regulations that were felt to be
problematic.
Number 165
REP. BRICE inquired whether the committee had yet received
proposed regulation changes from the lieutenant governor's
office.
REP. DAVIS responded that proposed regulation changes had
been received from the departments and agencies, but not yet
from the lieutenant governor's office.
Number 200
TERRI BANNISTER, LEGISLATIVE COUNSEL, LEGISLATIVE LEGAL
SERVICES, testified that the committee could introduce a
bill through the Rules Committee.
REP. HUDSON inquired what the committee could do if it chose
to be active in reference to the power of suspension under
Sec. 24.20.455.
MS. BANNISTER referenced the A.L.I.V.E. decision that said
legislative veto and power of suspension were declared
unconstitutional, though those statutes were left in the
book.
Number 248
REP. HUDSON inquired whether or not the committee could take
action during the interim.
MS. BANNISTER responded that the committee could be active,
but everyone had to meet in person, not teleconference, if
the committee was to put forth any kind of action.
Number 283
SEN. LINCOLN requested that committee minutes from previous
meetings be distributed to members as a way to familiarize
themselves with committee procedures.
CHAIRMAN DAVIS said he had minutes and would get them
distributed to the members.
SEN. LINCOLN stated she was looking forward to serving on
the committee because there is often inconsistency between
legislation and the resulting regulations.
CHAIRMAN DAVIS concurred that legislative intent is often
skirted or expanded.
Number 315
SEN. LINCOLN asked who requested the Regulatory Review Task
Force.
REP. HUDSON suspected that it was a task force created by
the governor's task force on task forces.
REP. HUDSON then suggested that the committee invite Bonnie
Williams, chair of the task force, to brief the committee.
REP. HUDSON suggested writing a law to clearly define
legislative intent behind legislation so that it is
implemented correctly.
Number 368
CHAIRMAN DAVIS stated that he had considered inviting Bonnie
Williams to address the committee, but he wanted to verify
that the committee was interested in the idea.
REP. BRICE suggested that the committee set up a
teleconference for preliminary discussion, and when the task
force's report is published in March, that Bonnie Williams
speak to the committee in person; and the governor may
possibly pick up the tab.
Number 400
SEN. LINCOLN asked if Rep. Moses was appointed to the task
force prior to is election.
CHAIRMAN DAVIS responded that Rep. Moses was appointed prior
to election and that the work of the task force had been
completed and it was now just a matter of compiling their
data.
SEN. LINCOLN said she believes task forces need to be
weighted more evenly across the state, as the task force
members are mostly from Fairbanks.
The committee decided that a letter to the governor
expressing their desire for a more equal geographic
distribution of task force members may be in order.
Number 411
(Sen. Miller left the committee at 1:25 p.m.)
Number 430
REP. HUDSON asked that the sponsor of HJR 11 be asked to
interpret the importance of HJR 11 to the committee.
SANDY NUSBAUM, STAFF, REP. GAIL PHILLIPS, PRIME SPONSOR OF
HJR 11, testified before the committee. She stated that the
committee can draft a bill that the governor could veto.
However, the governor could not veto a resolution.
Number 456
REP. BRICE inquired about future meeting times.
CHAIRMAN DAVIS stated the committee would meet when members
felt there was a need; there would be no standard meeting
time.
Number 467
CHAIRMAN DAVIS adjourned the committee meeting at 1:47 p.m.
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