Legislature(1999 - 2000)
02/21/2000 01:47 PM Senate JUD
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* first hearing in first committee of referral
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SJR 30-REPEAL OF REGULATIONS BY LEGISLATURE
Number 1196
MR. POUND introduced the bill by saying the regulation process is
creating laws without the process of an elected official. The
process is based on a bureaucratic agenda with no one accountable.
Through the previous attorney general there is a ruling that the
Lt. Governor's signature is mandatory for a regulation. This
legislation will correct the problem, allowing the legislature to
change regulations that do not meet the original intent of statute.
SENATOR ELLIS commented this is the same legislation that has been
rejected by the voters several times, and he asked the Chairman why
he feels the outcome for this bill will be any different.
CHAIRMAN TAYLOR responded this is a continuing education process
and he hopes that in the debate the public will understand that
some of the regulations passed, such as RS 2477, are regulatory
changes and not statutory changes which the legislature can not
change promptly.
SENATOR ELLIS asked if the Senate State Affairs Committee waived
this bill and if the Judiciary Committee is the only committee
considering this legislation.
CHAIRMAN TAYLOR said last year the bill went through two committees
and was passed by the Senate. The bill was sent to the House and
went through the full committee process but did not pass on the
floor of the House and, therefore, was not referred back to the
Rules Committee. Chairman Taylor has been advised that the bill is
not active and needs to be recreated. This is the same bill the
Senate passed last year.
SENATOR DONLEY moved SJR 30 out of committee with individual
recommendations.
SENATOR ELLIS objected.
CHAIRMAN TAYLOR asked for discussion.
SENATOR DONLEY stated one of the top complaints from his
constituents concern regulations. It is hard to explain that the
legislature has limited powers over regulations that are adopted by
the executive branch. He feels if the public understood how
difficult it is to correct a mistake in the law they would approve
this legislation.
SENATOR DONLEY said the only way for the legislature to correct a
problem is by passing a bill that removes the authority of an
agency to do a specific regulation--which will be subject to veto
by the governor.
SENATOR DONLEY feels this legislation is important and will empower
the public by giving the legislature the power to act on their
behalf.
CHAIRMAN TAYLOR commented that in the past the legislature repealed
regulations by resolution but a supreme court decision changed
this. This legislation will be overturning that supreme court
decision.
SENATOR ELLIS asked if Senator Donley believed that in the three
times the voters rejected this legislation they did not understand
what they were voting on, and that it only takes legislators to
educate them to change their minds.
SENATOR DONLEY responded no, but he has been amazed that in all the
people he has talked with no one remembers this issue being on the
ballot or how they voted.
Number 1605
SENATOR ELLIS commented that the issue has been on the ballot three
times and the public's position seems clear. There are individuals
who have problems with specific regulations but regulations are not
made for individuals but are made for the greater public good.
SENATOR DONLEY responded there are many members of the public who
feel regulations are not made for the greater public good but are
for the greater good of the bureaucracy that adopts them.
CHAIRMAN TAYLOR commented that people are upset about the
regulation the Department of Environmental Conservation(DEC) passed
to raise the cost for a food permit from $75.00 to $400.00 annually
for day care centers.
SENATOR ELLIS asked if this is disconnected from this legislatures
attitude toward DEC's budget.
CHAIRMAN TAYLOR responded yes and that no one in the legislature
imagined that DEC would have leveraged and utilized regulations to
the extent they are today--using them as a revenue source. Nor did
the legislature imagine that the Department of Fish and Game would
be using regulations to demand cash from Ketchikan fishermen with
the threat of being shut down.
CHAIRMAN TAYLOR said many times after regulations have been adopted
it is discovered they impact in ways that were not intended, and a
correction can take years.
SENATOR ELLIS asked if this is not why a governor is elected every
four years--holding him accountable for the executive branch.
CHAIRMAN TAYLOR answered that you cannot wait four years for
accountability and there are laws against committing, before an
election, who will be appointed by the governor.
SENATOR ELLIS asked if some of the regulation problems could be
avoided if the legislature did a better job in writing the
statutes.
Number 1880
CHAIRMAN TAYLOR responded that what he is looking for is an
appropriate check and balance within the creation of the regulation
system.
SENATOR HALFORD stated that the public does not trust the
legislature and that the referendum process should be changed to
allow the initiative process to apply to the regulations. Once a
regulation is repealed by initiative it cannot be reinstated for a
longer period of time than the two years a statute takes. The
standard for regulations is too weak and the constitution should be
changed to say that no regulation should be permitted unless it is
essential for the express purpose of the statute. The public will
probably vote for this but it will hamstring the government.
SENATOR HALFORD commented the bill should be changed in some way so
that it will not be identical to the bill that passed last year.
SENATOR DONLEY asked for unanimous consent to withdraw his motion.
With no objection, the motion to move the bill was withdrawn.
After discussion by committee members on the rewording of SJR 30,
SENATOR HALFORD proposed that line 6 of SJR 30 be deleted and that
line 7 read:
A regulation found inconsistent with its enabling statute is
repealed by a resolution concurred in by a majority of the
members of each house.
SENATOR HALFORD moved to amend amendment 1. With no objection, the
amendment passed.
SENATOR HALFORD moved SJR 30 from committee with individual
recommendations.
SENATOR ELLIS objected.
The roll was taken on the motion. Voting yea: Senator Halford,
Senator Donley and Chairman Taylor. Voting nay: Senator Ellis
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