Legislature(1993 - 1994)

02/08/1993 01:00 PM House ARR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                      JOINT ADMINISTRATIVE                                     
                   REGULATION REVIEW COMMITTEE                                 
                        February 8, 1993                                       
                            1:00 p.m.                                          
  MEMBERS PRESENT                                                              
  Rep. Gary Davis, Chairman                                                    
  Rep. Bill Hudson                                                             
  Rep. Tom Brice                                                               
  Sen. Mike Miller                                                             
  MEMBERS ABSENT                                                               
  Sen. Loren Leman                                                             
  Sen. Georgianna Lincoln                                                      
  COMMITTEE CALENDAR                                                           
  Organizational Meeting                                                       
  WITNESS REGISTER                                                             
  TERRI BANNISTER, Attorney                                                    
  Legislative Legal Counsel                                                    
  Division of Legal Services                                                   
  Legislative Affairs Agency                                                   
  130 Seward Street, Ste. 409                                                  
  Juneau, AK  99801-2105                                                       
  Phone:  465-2450                                                             
  Position Statement:  Answered questions                                      
  SANDY NUSBAUM, Staff                                                         
  Rep. Gail Phillips                                                           
  Alaska State Legislature                                                     
  State Capitol, Room 216                                                      
  Juneau, AK  99801-1182                                                       
  Phone:  465-2689                                                             
  Position Statement:  Rep. Phillips Prime Sponsor of HJR 11                   
  ACTION NARRATIVE                                                             
  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                           
  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                        
  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                   
  Number 165                                                                   
  REP. BRICE inquired whether the committee had yet received                   
  proposed regulation changes from the lieutenant governor's                   
  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                                                                   
  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                     
  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                  
  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                    
  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.                         
  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                    
  Number 467                                                                   
  CHAIRMAN DAVIS adjourned the committee meeting at 1:47 p.m.                  

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