Legislature(1995 - 1996)

02/07/1995 01:06 PM ARR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
 ARR - 02/07/95                                                                
 CHAIRMAN RANDY PHILLIPS called the meeting of the Administrative              
 Regulation Review Committee to order at 1:06 p.m.  The purpose of             
 the meeting was to discuss making a policy decision on introducing            
 a Senate resolution identical to HJR 1, or introducing a bill that            
 will abolish the Administrative Regulation Review Committee.                  
 Chairman Randy Phillips directed attention to a letter from the               
 Office of the Attorney General expressing opposition to  HJR 1                
 (REPEAL OF REGULATIONS BY  LEGISLATURE), and then asked for                   
 comments on the draft legislation before the committee.                       
 Number 025                                                                    
 REPRESENTATIVE G. DAVIS commented that he would oppose abolishing             
 the committee at this time because there is a lot of work being               
 done nationwide on the role of legislatures in dealing with rules             
 and regulations.                                                              
 CHAIRMAN RANDY PHILLIPS asked if Speaker Gail Phillips is committed           
 to passing the resolution this year.  REPRESENTATIVE ROKEBERG                 
 replied that the subject has not been discussed or pursued yet, but           
 he knows that Speaker Phillips is not interested in abolishing the            
 committee at this time.                                                       
 Number 072                                                                    
 REPRESENTATIVE DAVIES said putting the question before the voters             
 at this time is not a good idea because:  (1) given its past track            
 record, it's not very likely it will pass; and (2) he believes it             
 raises a really basic issue of the separation of powers.  He                  
 observed that the Legislature does have the power by enacting a               
 bill and overriding a veto to change regulations.  Also, there is             
 another avenue through judicial appeal if a regulation violates the           
 Representative Davies said it is an important function of the                 
 Legislature to have a venue in which citizens can request a review            
 of a particular regulation, and he suggested the committee could              
 play an important role in reviewing these regulations and could               
 have the option of proposing new legislation or working with the              
 Administration to get egregious things changed.                               
 SENATOR ELLIS agreed with the comments made by Representative                 
 Number 125                                                                    
 SENATOR RIEGER stated he favors the constitutional amendment, but             
 he is unsure about abolishing the committee.  He suggested waiting            
 to see how the resolution progresses before making that decision.             
 REPRESENTATIVE ROKEBERG voiced his support for the resolution.  He            
 said in a conversation he had with Paul Richards, who is president            
 of the State Chamber of Commerce, Mr. Richards indicated that the             
 State Chamber would be willing to generate an inquiry through all             
 the chambers in the state specifically requesting problematic                 
 regulations businesses have experienced.  These responses could be            
 directed back to the Administrative Regulation Review Committee.              
 CHAIRMAN RANDY PHILLIPS said his office would make contact with Mr.           
 Richards, but he pointed out that the NFIB (National Federation of            
 Independent Businesses) and the RDC (Resource Development Council)            
 were contacted on this same issue, but, as yet, they have failed to           
 respond.  He said the proposed legislation would be put on hold               
 until the House's commitment on passing a resolution can be                   

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