Legislature(1995 - 1996)
02/07/1995 01:06 PM ARR
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
ADMINISTRATIVE REGULATION REVIEW COMMITTEE February 7, 1995 1:06 p.m. MEMBERS PRESENT Senator Randy Phillips, Chair Representative Norman Rokeberg, Vice Chair Senator Johnny Ellis Senator Steve Rieger Representative Gary Davis Representative John Davies MEMBERS ABSENT All members present COMMITTEE CALENDAR DISCUSSION ON PROPOSED DRAFT LEGISLATION ACTION NARRATIVE TAPE 95-2, SIDE A Number 001 ARR - 02/07/95 CHAIRMAN RANDY PHILLIPS called the meeting of the Administrative Regulation Review Committee to order at 1:06 p.m. The purpose of the meeting was to discuss making a policy decision on introducing a Senate resolution identical to HJR 1, or introducing a bill that will abolish the Administrative Regulation Review Committee. Chairman Randy Phillips directed attention to a letter from the Office of the Attorney General expressing opposition to HJR 1 (REPEAL OF REGULATIONS BY LEGISLATURE), and then asked for comments on the draft legislation before the committee. Number 025 REPRESENTATIVE G. DAVIS commented that he would oppose abolishing the committee at this time because there is a lot of work being done nationwide on the role of legislatures in dealing with rules and regulations. CHAIRMAN RANDY PHILLIPS asked if Speaker Gail Phillips is committed to passing the resolution this year. REPRESENTATIVE ROKEBERG replied that the subject has not been discussed or pursued yet, but he knows that Speaker Phillips is not interested in abolishing the committee at this time. Number 072 REPRESENTATIVE DAVIES said putting the question before the voters at this time is not a good idea because: (1) given its past track record, it's not very likely it will pass; and (2) he believes it raises a really basic issue of the separation of powers. He observed that the Legislature does have the power by enacting a bill and overriding a veto to change regulations. Also, there is another avenue through judicial appeal if a regulation violates the law. Representative Davies said it is an important function of the Legislature to have a venue in which citizens can request a review of a particular regulation, and he suggested the committee could play an important role in reviewing these regulations and could have the option of proposing new legislation or working with the Administration to get egregious things changed. SENATOR ELLIS agreed with the comments made by Representative Davies. Number 125 SENATOR RIEGER stated he favors the constitutional amendment, but he is unsure about abolishing the committee. He suggested waiting to see how the resolution progresses before making that decision. REPRESENTATIVE ROKEBERG voiced his support for the resolution. He said in a conversation he had with Paul Richards, who is president of the State Chamber of Commerce, Mr. Richards indicated that the State Chamber would be willing to generate an inquiry through all the chambers in the state specifically requesting problematic regulations businesses have experienced. These responses could be directed back to the Administrative Regulation Review Committee. CHAIRMAN RANDY PHILLIPS said his office would make contact with Mr. Richards, but he pointed out that the NFIB (National Federation of Independent Businesses) and the RDC (Resource Development Council) were contacted on this same issue, but, as yet, they have failed to respond. He said the proposed legislation would be put on hold until the House's commitment on passing a resolution can be determined. Number 216 There being no further business to come before the committee, the meeting was adjourned at 1:16 p.m.