Legislature(1995 - 1996)

03/28/1995 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 SSTA - 3/28/95                                                                
                                                                               
             SB 110 ADMINISTRATIVE ADJUDICATIONS                             
                                                                               
 SENATOR SHARP brings up SB 110 as the next order of business before           
 the Senate State Affairs Committee.                                           
                                                                               
 Number 043                                                                    
                                                                               
 SENATOR RANDY PHILLIPS makes a motion to adopt the State Affairs              
 Committee substitute for SB 110.                                              
                                                                               
 Number 051                                                                    
                                                                               
 SENATOR DONLEY introduces and explains a proposed amendment to SB
 110 (9-GS0006\A.1, Bannister, 3/24/95).  The amendment would                  
 increase the public notice required before regulations can be                 
 adopted.  Senator Donley informs the committee that the                       
 administration is opposed to this amendment.                                  
                                                                               
 Number 110                                                                    
                                                                               
 SENATOR DONLEY makes a motion to adopt Amendment #1 to SB 110.                
                                                                               
 Number 115                                                                    
                                                                               
 SENATOR LEMAN expresses concern that the amendment does not apply             
 to regulations necessary to meet federal requirements.  We need to            
 fight back and not allow the federal government to over-run us.               
                                                                               
 CHAIRMAN SHARP asks Ms. Williams if she would like to testify on              
 the amendment.                                                                
                                                                               
 Number 135                                                                    
                                                                               
 TERESA WILLIAMS, Assistant Attorney General, testifying from                  
 Anchorage, thinks the amendment would increase the cost of the                
 regulatory process because of additional advertising and additional           
 board and commission meetings.  She states the original intent of             
 SB 110 was as a cost-saving measure, while the amendment would                
 increase state costs.  Ms. Williams also thinks the amendment would           
 complicate the regulatory process enough so that beneficial changes           
 to proposed regulations will not be made.  For that reason, she               
 thinks it might adversely affect public input.                                
                                                                               
 MS. WILLIAMS also thinks departments would not be able to adopt               
 regulations in a timely manner for seasonal conditions, such as a             
 construction season or a timber season.  She asks what would happen           
 if a regulation is thrown out by a court.  In an instance where               
 fees are involved, would there then be no fees?                             
                                                                               
 Number 200                                                                    
                                                                               
 MS. WILLIAMS believes the power to challenge regulations will be              
 immense, if amendment #1 is adopted.  She thinks it will lead to              
 more litigation.  Environmental groups often use every tool in the            
 book to stop something.                                                       
                                                                               
 Number 215                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asks Ms. Williams if the administration will           
 be supporting the amendment if the issues she raised are addressed.           
                                                                               
 Number 220                                                                    
                                                                               
 MS. WILLIAMS thinks there are some good things to the amendment,              
 but there would have to be a fiscal note with it, and she does not            
 think the legislature would add the funds.                                    
                                                                               
 Number 232                                                                    
                                                                               
 SENATOR DONLEY asserts that the seasonal example given by Ms.                 
 Williams as a potential problem should not be a concern, because              
 regulations could be adopted under the emergency regulations                  
 process.  And Ms. Williams' concern with increased litigation could           
 not even occur, so long as departments comply with the law.  For              
 court cases, the court may grant relief appropriate under the                 
 circumstances.  So if a court had a problem with a regulation, they           
 wouldn't necessarily have to strike down the whole regulation.                
 Number 250                                                                    
                                                                               
 SENATOR LEMAN asks Senator Donley if, under Section 2, subsection             
 (c), if it would be appropriate to add language to the end of the             
 subsection stating, "or a portion of a regulation", or similar                
 language to clarify that a whole regulation need not be thrown out.           
                                                                               
 SENATOR DONLEY responds he would totally support such an amendment            
 to amendment #1.  He suggests, on page 2, line 9, that the                    
 amendment read, "...including the invalidation or partial                    
 invalidation of the regulation...."                                          
                                                                               
 SENATOR LEMAN does not care how the amendment is made, just that              
 the intent be clear.                                                          
                                                                               
 SENATOR DONLEY thinks the intent is: if there is an area of any               
 regulation that is not impacted by the change with which the court            
 is concerned, that the unaffected portion of the regulation still             
 remain in effect.                                                             
                                                                               
 SENATOR LEMAN is not sure how the amendment to amendment #1 should            
 be worded, so he moves the conceptual amendment to amendment #1.              
                                                                               
 CHAIRMAN SHARP, hearing no objection, states the conceptual                   
 amendment to amendment #1 has been adopted.                                   
                                                                               
 CHAIRMAN SHARP notes he does not see language in amendment #1                 
 stating there must be a hearing, just language specifying                     
 additional time for public comment.                                           
                                                                               
 SENATOR DONLEY responds the language specifies, "...there is a                
 notice and opportunity for public comment."  He thinks this is the            
 exact language used in legislation that was worked on three years             
 ago.  His understanding is that language would require a public             
 hearing procedure.                                                            
                                                                               
 SENATOR LEMAN asks if that would be a 30 day requirement.                     
                                                                               
 SENATOR DONLEY thinks it would be a 30 day.                                   
                                                                               
 SENATOR LEMAN asks if there would be any way to require a truncated           
 second public comment period.  Or would a new process have to be              
 established?                                                                  
                                                                               
 Number 290                                                                    
                                                                               
 SENATOR DONLEY replies a new process would have to be established.            
 He thinks this language would just require one additional hearing.            
                                                                               
 CHAIRMAN SHARP asks if there are any more comments on amendment #1            
 to SB 110.                                                                    
                                                                               
 SENATOR DONLEY asks the committee to consider, to bring things into           
 perspective, that all the administration has to do to adopt                   
 regulations, which are just as powerful as law, is hold one                   
 hearing.  Amendment #1 would require an additional hearing if                 
 proposed regulations are changed after the first hearing.                     
                                                                               
 Number 300                                                                    
                                                                               
 CHAIRMAN SHARP asks if there is objection to adopting amendment #1            
 to SB 110.  Hearing no objection, the chairman states amendment #1            
 has been adopted.                                                             
                                                                               
 Number 305                                                                    
                                                                               
 SENATOR RANDY PHILLIPS makes a motion to discharge SB 110 from the            
 Senate State Affairs Committee with individual recommendations.               
                                                                               
 CHAIRMAN SHARP, hearing no objection, orders SB 110 released from             
 committee with individual recommendations.                                    

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