02/22/1995 04:11 PM Senate ARR

 ARR - 2/22/95                                                                 
                                                                               
        HB 105 REGULATIONS AND ADMINISTRATIVE HEARINGS                       
                                                                               
 CHAIRMAN RANDY PHILLIPS called the Administrative Regulation Review           
 Committee to order at 4:11 p.m. and brought up HB 105 as the first            
 order of business.  The chairman called the first witness.                    
                                                                               
 REPRESENTATIVE JAMES, prime sponsor of HB 105 relayed information             
 contained in the sponsor's statement to the committee.                        
                                                                               
 Number 075                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS asked Representative James if she thought             
 it would be less questionable if we knew how it was being done now.           
                                                                               
 REPRESENTATIVE JAMES responded it was her opinion that if we                  
 currently knew what happened to the writing of regulations, we                
 wouldn't be writing so many.  She also does not think the                     
 Legislature would be passing as much legislation if we knew the               
 results of the legislation.  She thinks that would reduce the                 
 bureaucratic growth of state government.                                      
                                                                               
 Number 085                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG asked Representative James if the intent of           
 HB 105 was to have one regulation attorney drafting all                       
 regulations.                                                                  
                                                                               
 REPRESENTATIVE JAMES said no, the intent is to take the attorney              
 from the Department of Law who currently reviews regulations, and             
 transfer that attorney to the group which would write regulations.            
                                                                               
 REPRESENTATIVE ROKEBERG expressed concern that more people would be           
 hired under HB 105.                                                           
                                                                               
 REPRESENTATIVE JAMES responded if that was the result of HB 105,              
 she would never release it from her committee.  It is her intent              
 that there be fewer people writing regulations.  When duties are            
 consolidated, they can be done faster.                                        
                                                                               
 REPRESENTATIVE ROKEBERG asked if individual agencies have people to           
 draft regulations.                                                            
                                                                               
 REPRESENTATIVE JAMES replied that is not correct.  Frequently                 
 writing of regulations is contracted out.                                     
 Number 140                                                                    
                                                                               
 CHAIRMAN RANDY PHILLIPS asked Representative James where the                  
 separation would be.                                                          
                                                                               
 REPRESENTATIVE JAMES responded that the bill would place it in the            
 Department of Administration.                                                 
                                                                               
 CHAIRMAN RANDY PHILLIPS asked why it couldn't be placed in                    
 Legislative Legal Services.                                                   
                                                                               
 REPRESENTATIVE JAMES replied that it could be placed there.                   
 Originally, Tam Cooke from Legislative Legal Services said it                 
 couldn't be placed under legislative jurisdiction because of the              
 separation of powers issue, but Representative James thought the              
 Legislature could gain control of regulations by statute.                     
                                                                               
 Number 160                                                                    
                                                                               
 REPRESENTATIVE G. DAVIS thought it would be a good idea to contract           
 all regulation writing.                                                       
                                                                               
 REPRESENTATIVE JAMES stated that might be a good idea, but it might           
 be a harder sell than consolidation of regulation writers.                    
                                                                               
 Number 180                                                                    
                                                                               
 REPRESENTATIVE JAMES passed out an amendment to HB 105.  She                  
 believes gaining control of the regulation writing process will               
 help the state solve its' financial problems.                                 
                                                                               
 CHAIRMAN RANDY PHILLIPS asked if HB 105 is a priority for the House           
 of Representatives.                                                           
                                                                               
 REPRESENTATIVE JAMES replied the subject is a priority for the                
 House.  She is trying to get support for streamlining the writing             
 of regulations.