02/07/1995 01:06 PM Senate ARR

           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                                                                    
                                                                               
 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.