Legislature(1999 - 2000)

02/21/2000 01:47 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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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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