Legislature(2005 - 2006)BUTROVICH 205

05/03/2005 08:30 AM JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 3:30 pm --
+= SB 74 CRIMES INVOLVING MARIJUANA/OTHER DRUGS TELECONFERENCED
Heard & Held
+= SB 165 CARD ROOMS & OPERATIONS TELECONFERENCED
Scheduled But Not Heard
+= HB 33 EFFECT OF REGULATIONS ON SMALL BUSINESSES TELECONFERENCED
Moved CSHB 33(FIN) Out of Committee
+= HB 81 CONTRACTOR LICENSE ENFORCEMENT TELECONFERENCED
Moved SCS CSHB 81(JUD) Out of Committee
+= HB 149 CONTROLLED SUBSTANCES TELECONFERENCED
Moved SCS CSHB 149(JUD) Out of Committee
+= HB 183 CAMPAIGN FINANCE: SHARED EXPENSES/LISTS TELECONFERENCED
Moved SCS CSHB 183(STA) Out of Committee
+= HB 184 MUNICIPAL FIREARM ORDINANCES TELECONFERENCED
Moved SCS HB 184(JUD) Out of Committee
+= HB 201 PERM. FUND DIVIDEND APPS OF MILITARY TELECONFERENCED
Moved HB 201 Out of Committee
+= HB 210 BLOODBORNE PATHOGEN TESTING TELECONFERENCED
Moved SCS CSHB 210(JUD) Out of Committee
Bills Previously Heard/Scheduled
<Bill listing does not indicate the order
in which each will be taken up>
     CSHB 33(FIN)-EFFECT OF REGULATIONS ON SMALL BUSINESSES                                                                 
                                                                                                                                
8:44:11 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 33 to be up for consideration.                                                                 
                                                                                                                                
MR.  MIKE   PAWLOWSKI,  staff   to  Representative   Kevin  Meyer                                                               
introduced HB 33.  The bill is modeled on  the Federal Regulatory                                                               
Flexibility Act  of 1980, which  saved small businesses  over $17                                                               
billion  last  year  in compliance  costs.  Several  states  have                                                               
instituted a version  of HB 33. The administration  and the state                                                               
chamber of commerce support the bill.                                                                                           
                                                                                                                                
8:44:58 AM                                                                                                                    
SENATOR GUESS  asked Mr. Pawlowski  to explain the  excluded list                                                               
on Page 3, lines 17-24.                                                                                                         
                                                                                                                                
MR. PAWLOWSKI said  the exclusions on lines 18-20  are subject to                                                               
confirmation by  the Legislature and  made up of  individuals who                                                               
represent the interest  of industry. Lines 21-23 are  a series of                                                               
statutory   authority  for   the   Department  of   Environmental                                                               
Conservation (DEC).                                                                                                             
                                                                                                                                
8:47:32 AM                                                                                                                    
The  Local Boundary  Commission  was outside  the  intent of  the                                                               
sponsor.  The  issues  related  to  Medicaid  and  Medicare  cost                                                               
reimbursement regulations  were removed saving the  state a large                                                               
amount of money.                                                                                                                
                                                                                                                                
8:49:01 AM                                                                                                                    
Senator Charlie  Huggins and Senator  Gene Therriault  joined the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR GUESS asked the reason  the four agencies are detailed on                                                               
Page 4, lines 15-19.                                                                                                            
                                                                                                                                
MR.  PAWLOWSKI responded  the bill  started with  economic effect                                                               
then moved  to the  "govern the  conduct" standard.  They quickly                                                               
found an absurd  amount of regulations and  agencies. The primary                                                               
agencies listed narrow things down to a pilot program.                                                                          
                                                                                                                                
8:50:35 AM                                                                                                                    
SENATOR GUESS asked  the reason for not  including the Department                                                               
of Revenue.                                                                                                                     
                                                                                                                                
MR. PAWLOWSKI responded  the concern was largely  based on taxing                                                               
and reporting requirements for taxes.                                                                                           
                                                                                                                                
SENATOR GUESS asked the reason there was no sunset.                                                                             
                                                                                                                                
MR. PAWLOWSKI  explained the four  departments listed on  Page 4,                                                               
lines 15-19  tell businesses how  to conduct their  business. The                                                               
agencies  affected  outside  the   Department  of  Community  and                                                               
Economic Development  (DCED), believe  they can absorb  the costs                                                               
within their agencies, which is why there are fiscal notes.                                                                     
                                                                                                                                
8:52:54 AM                                                                                                                    
SENATOR  GUESS   stated  for  the   record  there  would   be  an                                                               
opportunity cost because  a state employee will  be performing an                                                               
extra duty.                                                                                                                     
                                                                                                                                
MR. PAWLOWSKI clarified  HB 33 only applies to  new, proposed, or                                                               
regulations that are opened under the petition process.                                                                         
                                                                                                                                
8:54:31 AM                                                                                                                    
SENATOR  FRENCH stated  the model  act  calls for  cutoff of  500                                                               
employees  and HB  33  calls  for cutoff  at  100.  He asked  Mr.                                                               
Pawlowski the reason for the difference.                                                                                        
                                                                                                                                
MR.  PAWLOWSKI directed  committee  members to  a  list in  their                                                               
packets, which  is based  on the employee  size of  the business.                                                               
The bill is tailored to the needs of Alaska.                                                                                    
                                                                                                                                
SENATOR FRENCH  asked the watchdog  agency in charge  of ensuring                                                               
the flexibility analysis is happening at the regulatory process.                                                                
                                                                                                                                
MR. PAWLOWSKI answered DCED.                                                                                                    
                                                                                                                                
8:57:23 AM                                                                                                                    
MR. CHRIS KENNEDY, assistant attorney  general, Department of Law                                                               
(DOL), testified he has been  working closely with Representative                                                               
Meyer's  staff.  Governor  Murkowski asked  to  exclude  resource                                                               
development regulations  from the  bill at  this time  because of                                                               
the risk of delay.                                                                                                              
                                                                                                                                
8:59:36 AM                                                                                                                    
MR. KENNEDY continued  HB 33 would not add much  new process. The                                                               
intent is to restructure what  the agencies are already doing and                                                               
impose a  little structure  to ensure  that when  considering the                                                               
regulations they  are thinking specifically  about the  impact on                                                               
small businesses.                                                                                                               
                                                                                                                                
9:02:33 AM                                                                                                                    
SENATOR   HUGGINS  moved   CSHB  33(FIN)   from  committee   with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         

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