Legislature(1993 - 1994)
02/08/1993 01:00 PM ARR
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
TAPE 93-1, SIDE A Number 000 The meeting of the Administrative Regulation Review Committee was called to order by CHAIRMAN GARY DAVIS at 1:08 p.m. Chairman Davis noted that AS 24.20.41 related to membership in the Administrative Regulation Review Committee and that it was up to the committee to nominate its chair and vice-chair. SEN. MIKE MILLER nominated REP. GARY DAVIS to chair the Administrative Regulation Review Committee. Rep. Hudson seconded the motion. Number 012 REP. BRICE moved that SEN. LEMAN be named as vice-chairman. Without objection it was so ordered. (The presence of Sen. Lincoln was noted at 1:15 p.m.) CHAIRMAN DAVIS referred the members of the committee to the materials contained in their committee packets. He made reference to a packet of all statutes relating to the Administrative Regulation Review Committee, the DRAFTING MANUAL FOR ADMINISTRATIVE REGULATIONS, a report by Kathy Hathaway, staff to Sen. Hensley, entitled, "Alternative Approaches to Oversee Administrative Regulatory Activities." The report is an informative study discussing the history of the Administrative Regulation Review Committee, its powers, and the ramifications of the State v. A.L.I.V.E. decision of 1980, on the ability of the legislature to control regulations. Number 082 Also included was a copy of House Joint Resolution 11 and Senate Joint Resolution 11: Proposing amendments to the Constitution of the State of Alaska relating to the repeal of regulations by the legislature. There was also a memo from Rep. Phillips showing the results of the three previous election results regarding this initiative. Number 105 A letter from last year's Administrative Regulation Review Committee was included, demonstrating their support for the constitutional amendment in SJR 2, which is identical to HJR 11, and was introduced during the 17th Legislature. Lastly, there was a news release from the governor's office announcing the creation of the Regulatory Review Task Force. Number 120 CHAIRMAN DAVIS stated that he recently spoke with BONNIE WILLIAMS, chair of the task force, and by mid-March the task force's recommendations would be published for the committee to review. Number 147 CHAIRMAN DAVIS made mention of concerns expressed to him from Rep. Brice relating to mining regulations that he would like to see the committee address. He noted that besides committee members, he expected to receive reports from standing committees about regulations that were felt to be problematic. Number 165 REP. BRICE inquired whether the committee had yet received proposed regulation changes from the lieutenant governor's office. REP. DAVIS responded that proposed regulation changes had been received from the departments and agencies, but not yet from the lieutenant governor's office. Number 200 TERRI BANNISTER, LEGISLATIVE COUNSEL, LEGISLATIVE LEGAL SERVICES, testified that the committee could introduce a bill through the Rules Committee. REP. HUDSON inquired what the committee could do if it chose to be active in reference to the power of suspension under Sec. 24.20.455. MS. BANNISTER referenced the A.L.I.V.E. decision that said legislative veto and power of suspension were declared unconstitutional, though those statutes were left in the book. Number 248 REP. HUDSON inquired whether or not the committee could take action during the interim. MS. BANNISTER responded that the committee could be active, but everyone had to meet in person, not teleconference, if the committee was to put forth any kind of action. Number 283 SEN. LINCOLN requested that committee minutes from previous meetings be distributed to members as a way to familiarize themselves with committee procedures. CHAIRMAN DAVIS said he had minutes and would get them distributed to the members. SEN. LINCOLN stated she was looking forward to serving on the committee because there is often inconsistency between legislation and the resulting regulations. CHAIRMAN DAVIS concurred that legislative intent is often skirted or expanded. Number 315 SEN. LINCOLN asked who requested the Regulatory Review Task Force. REP. HUDSON suspected that it was a task force created by the governor's task force on task forces. REP. HUDSON then suggested that the committee invite Bonnie Williams, chair of the task force, to brief the committee. REP. HUDSON suggested writing a law to clearly define legislative intent behind legislation so that it is implemented correctly. Number 368 CHAIRMAN DAVIS stated that he had considered inviting Bonnie Williams to address the committee, but he wanted to verify that the committee was interested in the idea. REP. BRICE suggested that the committee set up a teleconference for preliminary discussion, and when the task force's report is published in March, that Bonnie Williams speak to the committee in person; and the governor may possibly pick up the tab. Number 400 SEN. LINCOLN asked if Rep. Moses was appointed to the task force prior to is election. CHAIRMAN DAVIS responded that Rep. Moses was appointed prior to election and that the work of the task force had been completed and it was now just a matter of compiling their data. SEN. LINCOLN said she believes task forces need to be weighted more evenly across the state, as the task force members are mostly from Fairbanks. The committee decided that a letter to the governor expressing their desire for a more equal geographic distribution of task force members may be in order. Number 411 (Sen. Miller left the committee at 1:25 p.m.) Number 430 REP. HUDSON asked that the sponsor of HJR 11 be asked to interpret the importance of HJR 11 to the committee. SANDY NUSBAUM, STAFF, REP. GAIL PHILLIPS, PRIME SPONSOR OF HJR 11, testified before the committee. She stated that the committee can draft a bill that the governor could veto. However, the governor could not veto a resolution. Number 456 REP. BRICE inquired about future meeting times. CHAIRMAN DAVIS stated the committee would meet when members felt there was a need; there would be no standard meeting time. Number 467 CHAIRMAN DAVIS adjourned the committee meeting at 1:47 p.m.