Legislature(1997 - 1998)

01/19/1998 03:03 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE JOINT RESOLUTION NO. 2                                                   
                                                                               
Proposing an amendment to the Constitution of the State                        
of Alaska relating to repeal of regulations by the                             
legislature.                                                                   
                                                                               
REPRESENTATIVE NORM ROKEBERG, SPONSOR, HJR 2 testified in                      
support of HJR 2.  He noted that the legislation proposes an                   
amendment to Alaska's Constitution.  He observed that the                      
legislature has no method to deal with "rogue" regulations                     
that do not meet the intent of statutes or are objectionable                   
as a matter of public policy.  He acknowledged that similar                    
proposals have been defeated three times.  He provided                         
members of the Committee with the 1980 proposed                                
constitutional amendment, as proposed by the legislature and                   
the ballot question (copies on file).  He stressed that the                    
ballot question did not adequately reflect the resolution                      
passed by the Legislature.  In 1980 the Legislature passed                     
legislation, which allowed the Legislature to bring a cause                    
of action, after a request of the Lieutenant Governor, to                      
change regulations.  He acknowledged that previous attempts                    
to allow the Legislature to annul regulation have failed but                   
maintained that there has never been an organized effort to                    
support this issue.  He emphasized that there are a number                     
of organizations that support the concept.  He asserted that                   
the legislation would right an imbalance in the balance of                     
powers between the legislative and executive branches.  He                     
observed that the Constitutional Convention gave the                           
executive branch an enormous amount of power.                                  
                                                                               
Representative Rokeberg noted that HJR 2 was amended in the                    
House Judiciary Committee. "After finding that a regulation                    
is inconsistent with its enabling statute," was added on                       
page 1, lines 6 and 7.  He recommended that this language be                   
deleted and the original version of the bill be adopted.  He                   
maintained that the additional language would bind the hands                   
of the legislature.                                                            
                                                                               
REPRESENTATIVE JEANETTE JAMES, CO-SPONSOR, HJR 2 testified                     
in support of the legislation.  She echoed remarks by                          
Representative Rokeberg.  She noted the difficulty of                          
deleting regulations.  She observed that some regulations                      
are not implemented.  She stressed that a regulation can                       
technically implement the chapter without working.  She                        
spoke in support of the original version of HJR 2.                             
                                                                               
Representative Martin spoke in support of the legislation                      
                                                                               
In response to comments by Representative Martin, Co-Chair                     
Therriault clarified that the statutes allow an individual                     
or the Legislature to challenge a regulation in Superior                       
Court.                                                                         
                                                                               
Representative Davis asked if there is a constitutional                        
question regarding the separation of powers.  Representative                   
Rokeberg clarified that the legislation would amend the                        
Constitution.                                                                  
                                                                               
(Tape Change, HFC 98 - 1, Side 2)                                              
                                                                               
Representative James stressed that by not implementing                         
regulations for legislation that has been passed, the                          
executive branch can issue an "out of pocket veto."  She                       
emphasized that the executive branch cannot suppress                           
legislation by not failing to implement regulations.  She                      
stressed the need for the Legislature to have more "clout".                    
She asserted that the Legislature needs a "hammer".  She                       
acknowledged that a voluntary process is needed for the                        
Legislature and the Administration to work together on                         
regulations.  She emphasized that the Legislature writes law                   
and that regulations implement law.  She noted that the                        
obligation of the Legislature is to write the laws and that                    
the obligation of the Administration is to administer the                      
laws.  She estimated that the Legislature would not have to                    
use its clout often.                                                           
                                                                               
Representative Davies stressed that the separation of powers                   
is routed on the practicality of how much time the                             
Legislature wants to spend on writing regulations.  He                         
suggested that the Legislature has enough to do dealing with                   
policy issues.  Implementation of the law is the process of                    
writing regulations, and following the public hearing                          
process.  He did not think that the Legislature should be                      
involved in this process.  He pointed out that there is a                      
regulation review committee.  He suggested that the                            
executive's ability to veto is an appropriate element in the                   
balance of power.                                                              
                                                                               
Representative Kelly stressed that after a regulation is                       
repealed there would be a period of time before a new                          
regulation could be implemented.  Representative James noted                   
that there is a 30-day period before a regulation can be                       
implemented.  Representative Kelly observed that it could                      
take up to a year for a new regulation to be implemented.                      
                                                                               
Representative Rokeberg emphasized that it is easier to pass                   
a resolution than amend statute.  He noted that the Governor                   
can veto bills.  He cannot veto a resolution.  He stressed                     
that it is easier to pass a resolution by simple majority                      
than to overturn a veto.  He added that resolutions could be                   
used as guidance to correct problems in regulations.  He                       
observed that the regulation review process can be speeded                     
up.  He clarified that there is an emergency regulation                        
process.   He stated that the legislation provides a                           
legislative veto.  He observed that, according to the court,                   
the Governor's veto is there to act as a check upon corrupt                    
or hasty and ill considered legislation.  He pointed out                       
that there is no process to check a run amok bureaucracy.                      
He maintained that a legislative veto would be a check upon                    
corrupt or hasty and ill-considered regulations.                               
                                                                               
Representative Kelly expressed concern that non-elected                        
officials can create the force of law through regulations.                     
He noted that, through the passage of HB 130, the Governor                     
is ultimately responsible for regulations.                                     
                                                                               
Representative Davis noted that the state of Utah provides                     
that regulations be reviewed every three years.  He                            
maintained that an automatic review brings awareness to any                    
problems that exist in regulations.  Corrections are made to                   
prevent repeal of regulations.  He spoke in support of the                     
Legislation.                                                                   
                                                                               
Representative Grussendorf asserted that political or                          
special interests have motivated most of the resolutions                       
that he has seen.  He maintained that resolutions do not                       
receive adequate public hearings.  He noted that the 1980                      
ballot amendment would have allowed regulations to be                          
annulled by concurrent resolution.  He noted that concurrent                   
resolutions are easier to pass then joint resolutions.                         
                                                                               
Representative Martin observed that the public gets upset                      
with the legislature when regulations exceed the law.                          
                                                                               
Representative Kohring expressed support for the                               
legislation.  He stated that his most common constituent                       
concerns relate to regulations.  He maintained that society                    
is over regulated.                                                             
                                                                               
Co-Chair Hanley MOVED to ADOPT HJR 2 as the version before                     
the Committee.  Representative Davies OBJECTED.                                
Representative Davies stated that "we don't want the                           
Legislature running amok."  He spoke in support of the House                   
Judiciary substitute.                                                          
                                                                               
Co-Chair Therriault expressed concern that the Judiciary                       
version opens the legislation to litigation.  He questioned                    
what would be required in regards to the finding.                              
                                                                               
Representative Grussendorf spoke in support of CSHJR 2                         
(JUD).  He noted that concerns are brought to the                              
Administrative Regulation Review Committee.  The                               
Administrative Regulation Review Committee makes a statement                   
of findings.  He suggested that the Administrative                             
Regulation Review Committee can provide findings.                              
                                                                               
Co-Chair Therriault pointed out that a regulation could be                     
consistent with statute but still overly burdensome.                           
                                                                               
Representative Martin spoke against the inclusion of                           
language requiring a finding.                                                  
                                                                               
Representative Grussendorf suggested that the "where as"                       
section would take the place of a finding.                                     
                                                                               
A roll call vote was taken on the motion to adopt HJR 2 as                     
the version before the Committee.                                              
                                                                               
IN FAVOR: Davis, Foster, Kelly, Kohring, Martin, Therriault,                   
Hanley                                                                         
OPPOSED: Davies, Grussendorf                                                   
                                                                               
Representatives Moses and Mulder were absent from the vote.                    
                                                                               
The MOTION PASSED (7-2).                                                       
                                                                               
Representative Davies MOVED to ADOPT Amendment #1 (copy on                     
file).  Amendment # 1 would require adoption of the                            
resolution by twenty-seven members of the House and fourteen                   
members of the Senate.                                                         
                                                                               
Representative Rokeberg spoke against the amendment.                           
                                                                               
Representative Davis noted that it only takes a simple                         
majority to pass a law. Representative Davies pointed out                      
that a simple majority can pass a bill, but that it is                         
subject to a veto.                                                             
                                                                               
Co-Chair Therriault observed that the original policy by the                   
Legislature would remain. A resolution would only serve to                     
direct how the original policy should be implemented.                          
                                                                               
A roll call vote was taken on the motion to adopt Amendment                    
                                                                               
IN FAVOR: Davies, Grussendorf                                                  
OPPOSED: Davis, Foster, Kelly, Kohring, Martin, Therriault,                    
Hanley                                                                         
                                                                               
Representatives Mulder and Moses were absent from the vote.                    
                                                                               
The MOTION FAILED (2-7).                                                       
                                                                               
Representative Kohring MOVED to report HJR 2 out of                            
Committee with accompanying fiscal note.  Representative                       
Davies OBJECTED.                                                               
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Davis, Foster, Kelly, Kohring, Martin, Therriault,                   
Hanley                                                                         
OPPOSED: Davies, Grussendorf                                                   
                                                                               
Representatives Mulder and Moses were absent from the vote.                    
                                                                               
The MOTION PASSED (7-2).                                                       
                                                                               
HJR 2 was REPORTED out of Committee with a "do pass"                           
recommendation and with a zero fiscal note by the Department                   
of Commerce and Economic Development.                                          

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