05/01/1995 01:50 PM House FIN

  SB  1     An Act relating to state implementation of federal                 
            statutes.                                                          
                                                                               
            HCS CS  SB 1 (FIN)  was reported out  of Committee                 
            with a "do pass" recommendation  and with a fiscal                 
            note by the  Department of Law  and a zero  fiscal                 
            note by the Senate Finance Committee dated 3/2/95.                 
  SENATE BILL 1                                                                
                                                                               
       "An  Act  relating to  state implementation  of federal                 
       statutes."                                                              
                                                                               
  TERRY  OTNESS, STAFF,  SENATOR  ROBIN  TAYLOR, testified  in                 
  support of SB  1.  He stated  that SB 1 was  introduced as a                 
  companion measure to  SJR 7, the Tenth  Amendment resolution                 
  which  has   already  passed   the   Legislature  and   been                 
  transmitted to the  Governor.   The resolution demands  that                 
  Congress stop the practice of passing federal mandates which                 
  exceed  Congressional authority  under the  Tenth Amendment.                 
  He added  that SB 1 would be  an attempt to identify federal                 
                                                                               
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  mandates, both statutory and regulatory, which conflict with                 
  State policy or exceed Constitutional limitations.                           
                                                                               
  Mr. Otness commented in order to  accomplish that goal, SB 1                 
  would require  an annual review  by the executive  branch of                 
  each program mandated by Congress.   An annual report to the                 
  Governor  and  the Legislative  Budget  and  Audit Committee                 
  would   set  forth   conclusions   and   would   then   make                 
  recommendations  for  changes  in federal  law  to  make the                 
  program consistent with state policy.                                        
                                                                               
  Representative  Brown spoke  to Amendment  #1.   [Attachment                 
  a thorough review every  four years rather than every  year.                 
  Section (B) would stipulate that when there is a new federal                 
  law or requirement imposed, a review of "only" that material                 
  would be required.                                                           
                                                                               
  Representative  Martin  recommended  dividing Amendment  #1.                 
  Representative  Brown explained that she had requested Legal                 
  Services to draft the amendment in order that a review would                 
  be provided every  four years and  when there was  something                 
  new added, it  would be reviewed.   She understood that  the                 
  amendment would  cover that request.   Representative Mulder                 
  agreed that the comprehensive review for the first year made                 
  sense,  although  questioned  the  timeliness  to  each  new                 
  mandate.  He felt  anytime there were new changes,  it would                 
  not  be  too cumbersome  for  each department  to  provide a                 
  review of those  changes.  Representative Brown  agreed with                 
  Representative Mulder.                                                       
                                                                               
  (Tape Change, HFC 95-108, Side 2).                                           
                                                                               
  Representative Parnell recommended  adopting the  amendment.                 
  Representative Martin stated that he would rather divide the                 
  question.   He felt  that four years  would be too  long and                 
  that  annually  would be  too  often.   Representative Brown                 
  noted that on Page  2, Line 23, there  was a "time  certain"                 
  for the annual  review.  The reason that the  date was added                 
  in  the amendment, was  to clarify which  year it  was to be                 
  submitted.  Representative Martin reiterated that four years                 
  would be too long to wait for the information.                               
                                                                               
  Representative  Brown   MOVED   to   adopt   Amendment   #1.                 
  Representative Martin MOVED  TO DIVIDE Amendment #1.   There                 
  being NO OBJECTION, it was divided.                                          
                                                                               
  Representative  Brown MOVED  to adopt 1(A).   Representative                 
  Martin OBJECTED.  He recommended that the time be changed to                 
  three  years.   Representative  Navarre  remarked  that  the                 
  report was being  given too  much attention and  focus.   He                 
  stressed that  administrative ability  was being  reduced as                 
                                                                               
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  was the  department's ability  to manage.   He advised  that                 
  with the  proposed  legislation, additional  costs  will  be                 
  placed on those departments.                                                 
                                                                               
  A roll call was taken on the MOTION to adopt Section 1(A).                   
                                                                               
       IN FAVOR:      Therriault,   Brown,   Martin,   Mulder,                 
                      Navarre, Parnell                                         
       OPPOSED:       Kohring                                                  
                                                                               
  Representatives  Hanley,  Kelly,  Hanley,  Foster  were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-1).                                                     
                                                                               
  Representative Mulder  MOVED  to adopt  1(B), Amendment  #1.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Representative Parnell MOVED an amendment  change to Page 3,                 
  Line 15, adding the language "and the Legislature" following                 
  the word  "Governor".   There  being  NO OBJECTION,  it  was                 
  adopted.                                                                     
                                                                               
  Representative Parnell MOVED to report HCS CS SB 1 (FIN) out                 
  of Committee  with individual recommendations  and with  the                 
  accompanying   Senate   Finance   Committee   fiscal   note.                 
  Representative Brown  pointed out  that  the Senate  Finance                 
  Committee  had  zeroed  out  all  the  fiscal  notes.    She                 
  recommended  that the  Committee consider  passing  a fiscal                 
  note for the  Department of  Law.  She  stressed that  their                 
  role  will  become  more  difficult   with  passage  of  the                 
  legislation and that  they will need  to support all of  the                 
  departments.  She  stressed that the Department  of Law will                 
  have specific duties.   She  reminded members  of the  large                 
  operating budget reduction made to the civil division within                 
  that Department.                                                             
                                                                               
  Representative Parnell also MOVED to adopt the Department of                 
  Law fiscal note.  There being  NO OBJECTION, the SFC and the                 
  Department  of  Law fiscal  notes  were adopted  as  well as                 
  reporting the bill from Committee.                                           
                                                                               
  Representative  Navarre  commented  that  the Department  of                 
  Health and  Social Services  will have  fiscal impact  also,                 
  although he opted not move the fiscal note.                                  
                                                                               
  HCS CS SB 1 (FIN) was  reported out of Committee with a  "do                 
  pass" recommendation and with fiscal notes by the Department                 
  of Law and the Senate Finance Committee dated 3/2/95.