Legislature(2001 - 2002)
05/01/2001 04:25 PM House ARR
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
JOINT MEETING
ADMINISTRATIVE REGULATION REVIEW
May 1, 2001
4:25 p.m.
HOUSE MEMBERS PRESENT
Representative Lesil McGuire, Chair
Representative Jeannette James
Representative Joe Hayes
HOUSE MEMBERS ABSENT
All members present
SENATE MEMBERS PRESENT
Senator Robin Taylor, Vice Chair
Senator Lyda Green
Senator Georgianna Lincoln
SENATE MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
Continued Review of New Mariculture Regulations
PREVIOUS ACTION
No previous action to record
WITNESS REGISTER
No witnesses to record
ACTION NARRATIVE
TAPE 01-12, SIDE A
Number 0001
CHAIR LESIL McGUIRE reconvened the Joint Committee on
Administrative Regulation Review [recessed on April 24, 2001] at
4:25 p.m. Members present at the call to order were
Representatives McGuire, James, and Hayes. Senators Taylor,
Green, and Lincoln joined the meeting as it was in progress.
CHAIR McGUIRE expressed the committee's intent to remain active
during the interim; the committee is the only oversight and link
to the departments. Her aide, Jim Pound, will contact members
to arrange meetings. Some of these meetings may be via
teleconference. A letter from Chair McGuire will be circulated
among all members of the House and Senate requesting legislators
pay particular attention to regulations that come out pertaining
to their area of expertise or that are promulgated to carry out
any of their legislation. She plans to actively engage the
legislature in [this process] to continue Representative James'
work.
CHAIR McGUIRE announced there would be no testimony today,
because the committee is well versed in all sides of the issue
of mariculture regulation. The committee is awaiting a response
to its letter to Lieutenant Governor Ulmer. "The ball is ... in
her court," noted Chair McGuire. She thanked the department and
participants for their time and cooperation.
Number 0434
CHAIR McGUIRE noted that she was making new information
[unspecified] available to all participants. She reiterated
there would be no testimony, including testimony via
teleconference. She reminded members that the last meeting was
recessed in order to solicit testimony from Steve McGee and Bob
Piorkowski of the department regarding the policies that had
been carried out. However, both have chosen not to testify as a
result of advice received from attorneys in the Department of
Law.
CHAIR McGUIRE stated she had chosen not to subpoena them because
she thought that adversarial. There is a process going on in
court, and she is sensitive to those interests. She is,
however, disappointed and knows other members are as well.
Every member has a copy of the letter sent to Lieutenant
Governor Ulmer. She noted that Senator Lincoln was the only
member who did not sign the letter. The letter addresses some
serious concerns the committee has with the department. The
committee respects the work the department has done and that the
public comment period was extended.
CHAIR McGUIRE indicated that [the signers] have some concerns,
however, that have not been addressed. One concern is with the
department's putting regulations into effect that are
problematic and that these regulations may result in litigation
and cost the state, taxpayers, and stakeholders. [The signers]
believe these regulations do not accurately reflect the intent
of the statute.
Number 0702
CHAIR McGUIRE recounted that the committee had expressed
concerns about rate increases at the Alaska Pioneers' Home to
the Department of Administration. Those concerns still exist
among many committee members.
CHAIR McGUIRE continued:
The committee members believe that it's pretty clearly
outlined in the statute that our intent is not to have
seniors pay the full cost. However, that said, it
does appear that until we solve that overarching
problem of the [Pioneers'] Homes in general, as to how
they stay financially stable, there really isn't
anything for us to do.
CHAIR McGUIRE encouraged members to think about solutions during
the interim.
Number 0849
SENATOR TAYLOR thanked Chair McGuire for her work as chair of
the committee. He noted his understanding that the trial was
resolved, and a decision by the court on aquaculture litigation
is being awaited. He said:
I find it shocking that the department would be
unwilling to provide those two witnesses .... We have
a public process here so that this legislature can
find out that type of information and use it for the
benefit of the state to correct things that we know or
find that we need to correct.
SENATOR TAYLOR stated he thought it likely to see legislation on
this issue unless it is resolved in such a manner that "people
can proceed to do things."
Number 1005
SENATOR GREEN remarked that the Senate Health, Education and
Social Services Committee would be looking at Medicaid, the
reauthorization of welfare, the certificate-of-need process, and
other factors contributing to higher costs in Alaska.
Projections show that by 2009, Medicaid alone will be in excess
of $1 billion in the state. Many other things could be done if
a solution to health care funding could be found. She stated
her belief that the regulatory side would become an issue in the
future.
Number 1157
REPRESENTATIVE JAMES thanked the chair, committee members, and
public for their participation. She offered her opinion that
writing regulations is the worst job anyone has in the
administration. It is controversial, but no one has figured out
how to get around it. She believes there must be a solution.
She continued, "It is a real trial, and who is ... really being
the victim in this case? ... [The victim] is the general public
in this case."
Number 1305
SENATOR LINCOLN expressed her appreciation to Chair McGuire for
her willingness to hear from both sides.
ADJOURNMENT
There being no further business before the committee, the Joint
Committee on Administrative Regulation Review meeting was
adjourned at 4:46 p.m.
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