05/17/1999 09:40 AM House FIN

SENATE JOINT RESOLUTION NO. 3                                                                                                   
                                                                                                                                
Proposing an amendment to the Constitution of the State                                                                         
of Alaska relating to the repeal of regulations by the                                                                          
legislature.                                                                                                                    
                                                                                                                                
SENATOR ROBIN TAYLOR advised that SJR 3 is a proposed                                                                           
amendment to the Constitution of the State of Alaska which                                                                      
would grant the Legislature the ability to repeal a                                                                             
regulation adopted by a state department or agency that is                                                                      
inconsistent with its enabling statute.  The proposed                                                                           
amendment would allow the repeal of a regulation by a                                                                           
resolution passed by a majority of the members of each                                                                          
house.                                                                                                                          
                                                                                                                                
Senator Taylor mentioned that legislators did not create                                                                        
numerous regulations contained in the Alaska Administrative                                                                     
Code.  The only recourse for the Legislature is to repeal                                                                       
the law that enabled the regulation which wastes Alaska's                                                                       
time and money in the process.  The repeal of burdensome                                                                        
regulations is vital to the progress of economic development                                                                    
for all of Alaska.  He noted that this issue has come before                                                                    
the voters in the past and now time has come again for the                                                                      
voters to reduce the amount of time and money spent in                                                                          
legislation.                                                                                                                    
                                                                                                                                
Representative J. Davies suggested that the legislation                                                                         
would be establishing new state policy without the checks                                                                       
and balances of the veto process.  Senator Taylor argued                                                                        
that a new State policy was not being established.  Up until                                                                    
the middle 1980's, the Legislature routinely did this.  The                                                                     
Supreme Court stated that it was essential to recognize the                                                                     
separation of the powers between the branches of government.                                                                    
It is the result of that case, the proposed resolution would                                                                    
request the people of Alaska to reverse.                                                                                        
                                                                                                                                
Representative Grussendorf spoke to the number of times that                                                                    
the public has turned down the proposal.                                                                                        
                                                                                                                                
Representative Austerman mentioned that he supported the                                                                        
resolution.  Representative J. Davies reported that he had a                                                                    
chair on the regulation committee for two years and that not                                                                    
one substantive issue came before that committee.  The                                                                          
question is whether we need to fundamentally change the                                                                         
balance of power between the Executive and Legislative                                                                          
Branches of government.  Co-Chair Mulder suggested that                                                                         
there should be a framework established to make it work.                                                                        
                                                                                                                                
Representative G. Davis recommended that the legislation be                                                                     
given an effective date of 30 days after passage.                                                                               
                                                                                                                                
Senator Taylor replied that the Legislature had acted with                                                                      
this authority for many years and that each time this                                                                           
question is put back before the public, the vote has gotten                                                                     
closer.                                                                                                                         
                                                                                                                                
Representative Kohring voiced his support of the                                                                                
legislation.  He requested to be a cross sponsor noting that                                                                    
as a small businessperson, too many regulations exist.                                                                          
                                                                                                                                
Representative Kohring MOVED to report SJR 3 out of                                                                             
Committee with individual recommendations and with the                                                                          
accompanying fiscal note.  Representative J. Davies OBJECTED                                                                    
for the purpose of comment.  He agreed that the regulation                                                                      
codes had increased at the direction of the Legislature.  If                                                                    
people want fewer regulations, then the Legislature needs to                                                                    
take appropriate action.  He concluded:                                                                                         
                                                                                                                                
"We've met the enemy, and it is us".                                                                                            
                                                                                                                                
Representative J. Davies WITHDREW his OBJECTION to move the                                                                     
bill from Committee.  There being NO further OBJECTION, the                                                                     
bill was moved from Committee.                                                                                                  
                                                                                                                                
SJR 3 was reported out of Committee with a "do pass"                                                                            
recommendation and with a fiscal note by the Office of the                                                                      
Lt. Governor dated 2/11/99.