03/18/1995 10:05 AM House STA

 HSTA - 03/18/95                                                               
 HB 163 - COMPLIANCE COST ESTIMATES REQUIRED                                 
                                                                               
 Number 386                                                                    
                                                                               
 ROD MOURANT, Administrative Assistant to Representative Pete                  
 Kott, presented a blank committee substitute work draft for HB
, 9-LS0661/C dated 3/16/95.  He reported the only change                   
 appears on page 2, lines 5 through 9, precluding an agency which              
 has prepared a cost compliance estimate in good faith from being              
 challenged in court.  Draft C was prepared based on concerns                  
 raised by Representative Porter.                                              
                                                                               
 Number 416                                                                    
                                                                               
 DEBORAH BEHR, Regulations Attorney for Department of Law, stated              
 the "good faith" provision to protect agencies from lawsuits is               
 very valuable, but it could create lawsuits unless the bill                   
 prohibits private parties from suing.  She expressed concern that             
 "costs" are not defined in the bill; it is unclear whether it                 
 includes indirect costs, overhead, and private costs to the                   
 customer.  She prefers the "example" choice in the previous bill.             
 She added the Boards of Fisheries and Game should possibly be                 
 excluded from being sued by private parties if the cost of state              
 government is to be cut.                                                      
                                                                               
 Number 466                                                                    
                                                                               
 MS. BEHR referred to page 2, line 3, saying it is too open-ended              
 and invites court suits.                                                      
                                                                               
 Number 472                                                                    
                                                                               
 REPRESENTATIVE ROBINSON asked Ms. Behr if she had considered how              
 to define "costs."                                                            
                                                                               
 MS. BEHR said she would talk to the Office of Management and                  
 Budget, and work with the sponsor.  She suggested the sponsor                 
 speak to the legislative auditor also.                                        
                                                                               
 REPRESENTATIVE ROBINSON asked about also exempting the State                  
 Board of Education.                                                           
                                                                               
 MS. BEHR said she did not feel as strongly about the Board of                 
 Education because they can screen regulations before they go out              
 for public notice, whereas the Boards of Fish and Game have to                
 give public notice of every proposal.                                         
                                                                               
 REPRESENTATIVE ROBINSON asked where an exemption for the Boards               
 of Fish and Game would fit in the bill.                                       
                                                                               
 MS. BEHR said a new Section (c) would have to be added reading                
 "for the purposes of this section, `State Agency' does not                    
 include the Board of Fish and the Board of Game."                             
                                                                               
 Number 500                                                                    
                                                                               
 CHAIR JAMES stated she would like to move this bill on to the                 
 Finance Committee with a request for the sponsor to address these             
 legal concerns.  She does not want the State Affairs Committee to             
 appear neglectful in addressing these legal issues, so she wants              
 assurance from the sponsor of HB 163 that appropriate amendments              
 will be presented to the Finance Committee.                                   
                                                                               
 Number 535                                                                    
                                                                               
 MR. MOURANT noted the concerns just expressed by Ms. Behr were                
 new to him.  He added her concerns do deal with financial issues,             
 and he will certainly call them to the attention of the Finance               
 Committee and work with Departments of Law, Management and                    
 Budget, and the co-sponsors of HB 163 in adopting appropriate                 
 changes.                                                                      
                                                                               
 Number 535                                                                    
                                                                               
 REPRESENTATIVE ROBINSON said she strongly wants the sponsor to                
 exempt the Boards of Fish and Game and to include a definition of             
 the cost of compliance.  She asked if the sponsor could do a                  
 sponsor substitute including these changes.                                   
                                                                               
 Number 576                                                                    
                                                                               
 CHAIR JAMES said she did not recommend doing a sponsor                        
 substitute.                                                                   
                                                                               
 Number 576                                                                    
                                                                               
 REPRESENTATIVE IVAN said he felt comfortable the proposed changes             
 would be addressed in the Finance Committee.  He moved to accept              
 the CS, version C, as the working document.  There were no                    
 objections.                                                                   
                                                                               
 REPRESENTATIVE IVAN made a motion to move CS HB 163(STA) from                 
 committee with individual recommendations and attached fiscal                 
 note, with the understanding that concerns brought forth by the               
 State Affairs Committee would be addressed at the next committee              
 of referral.  There were no objections; therefore CSHB 163(STA)               
 was moved out of committee.                                                   
                                                                               
 Number 600                                                                    
                                                                               
 CHAIR JAMES called the meeting back to order after a short break.