05/12/1999 01:52 PM House JUD

SJR 3 - REPEAL OF REGULATIONS BY LEGISLATURE                                                                                    
                                                                                                                                
CHAIRMAN KOTT announced the next item of business is SENATE JOINT                                                               
RESOLUTION NO. 3, Proposing an amendment to the Constitution of the                                                             
State of Alaska relating to the repeal of regulations by the                                                                    
legislature.                                                                                                                    
                                                                                                                                
Number 0359                                                                                                                     
                                                                                                                                
JOHN KIMMEL, Legislative Administrative Assistant to Senator Robin                                                              
Taylor, Alaska State Legislature, noted that SJR 3 proposes to                                                                  
repeal regulations that are contrary to their enabling statutes.                                                                
This language is very focused and is not as broad as previous                                                                   
legislation.                                                                                                                    
                                                                                                                                
Number 0456                                                                                                                     
                                                                                                                                
SENATOR ROBIN TAYLOR, Alaska State Legislature, came before the                                                                 
committee noting it is difficult to repeal a regulation that has                                                                
been passed by an agency.  The issue that was previously presented                                                              
to the public was that any regulation could be repealed by                                                                      
resolution and it did not have any qualifying language.  This                                                                   
language, SJR 3, actually qualifies it and says you can only repeal                                                             
a regulation that fails to meet the intent of the legislation upon                                                              
which the regulation is based.  He said, "It actually is quite a                                                                
bit narrower, we did that on purpose because we were hoping to                                                                  
focus the real issue to the public better.  And I think in the                                                                  
past, one of the reasons the public has rejected it is that it                                                                  
looked like just a power grab by the legislature and one without a                                                              
basis and I think this language actually speaks to the reason why                                                               
the legislature might find it necessary to repeal a regulation and                                                              
that's why the language is a little different."                                                                                 
                                                                                                                                
CHAIRMAN KOTT requested the years that the previous ballot                                                                      
propositions were put before the voters.                                                                                        
                                                                                                                                
KIMMEL replied 1980, 1984 and 1986.                                                                                             
                                                                                                                                
CHAIRMAN KOTT asked whether these propositions were put forward                                                                 
based on a democratic majority.                                                                                                 
                                                                                                                                
SENATOR TAYLOR replied yes.                                                                                                     
                                                                                                                                
CHAIRMAN KOTT stated that he wants the public to know that this is                                                              
a bipartisan issue.                                                                                                             
                                                                                                                                
Number 0704                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES moved to report SJR 3 out of committee with                                                                
individual recommendations and the accompanying fiscal note.  There                                                             
being no objection, it was so moved from the House Judiciary                                                                    
Standing Committee.                                                                                                             
                                                                                                                                
CHAIRMAN KOTT called for a brief at-ease at 5:40 p.m. and called                                                                
the committee back to order at 5:41 p.m.