Legislature(1995 - 1996)

02/22/1995 04:11 PM ARR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           ADMINISTRATIVE REGULATION REVIEW COMMITTEE                          
                       February 22, 1995                                       
                           4:11 p.m.                                           
  MEMBERS PRESENT                                                              
 Senator Randy Phillips, Chair                                                 
 Representative Norman Rokeberg, Vice-Chair                                    
 Senator Steve Rieger                                                          
 Representative Gary Davis                                                     
  MEMBERS ABSENT                                                               
 Senator Johnny Ellis                                                          
 Representative John Davies                                                    
  COMMITTEE CALENDAR                                                           
 HOUSE BILL NO. 105                                                            
 "An Act relating to regulations of state agencies and to                      
 administrative hearings, amending the Administrative Procedure Act,           
 and establishing the division of regulations; and providing for an            
 effective date."                                                              
 HOUSE BILL NO. 130                                                            
 "An Act relating to agency review of public comment on the                    
 adoption, amendment, and repeal of regulations; relating to the               
 examination of proposed regulations, amendments of regulations, and           
 orders repealing regulations by the Administrative Regulation                 
 Review Committee and the Department of Law; relating to the                   
 submission to, and acceptance by, the lieutenant governor of                  
 proposed regulations, amendments of regulations, and orders                   
 repealing regulations; and requiring agencies to make certain                 
 determinations before adopting regulations, amendments of                     
 regulations, or orders repealing regulations."                                
  WITNESS REGISTER                                                             
 Representative Jeannette James                                                
 State Capitol, Juneau, Alaska, 99801-1182¶465-3743                            
   POSITION STATEMENT: Prime Sponsor of HB 105                                 
 Representative Pete Kelly                                                     
 State Capitol, Juneau, Alaska, 99801-1182¶465-2327                            
   POSITION STATEMENT: Prime Sponsor of HB 130                                 
 Caroline Lombard, Aide                                                        
 Senator Randy Phillips                                                        
 State Capitol, Juneau, Alaska, 99801-1182¶465-4949                            
   POSITION STATEMENT: Offered information                                     
  ACTION NARRATIVE                                                             
 TAPE 95-3, SIDE A                                                             
 Number 001                                                                    
 ARR - 2/22/95                                                                 
        HB 105 REGULATIONS AND ADMINISTRATIVE HEARINGS                       
 CHAIRMAN RANDY PHILLIPS called the Administrative Regulation Review           
 Committee to order at 4:11 p.m. and brought up HB 105 as the first            
 order of business.  The chairman called the first witness.                    
 REPRESENTATIVE JAMES, prime sponsor of HB 105 relayed information             
 contained in the sponsor's statement to the committee.                        
 Number 075                                                                    
 REPRESENTATIVE G. DAVIS asked Representative James if she thought             
 it would be less questionable if we knew how it was being done now.           
 REPRESENTATIVE JAMES responded it was her opinion that if we                  
 currently knew what happened to the writing of regulations, we                
 wouldn't be writing so many.  She also does not think the                     
 Legislature would be passing as much legislation if we knew the               
 results of the legislation.  She thinks that would reduce the                 
 bureaucratic growth of state government.                                      
 Number 085                                                                    
 REPRESENTATIVE ROKEBERG asked Representative James if the intent of           
 HB 105 was to have one regulation attorney drafting all                       
 REPRESENTATIVE JAMES said no, the intent is to take the attorney              
 from the Department of Law who currently reviews regulations, and             
 transfer that attorney to the group which would write regulations.            
 REPRESENTATIVE ROKEBERG expressed concern that more people would be           
 hired under HB 105.                                                           
 REPRESENTATIVE JAMES responded if that was the result of HB 105,              
 she would never release it from her committee.  It is her intent              
 that there be fewer people writing regulations.  When duties are            
 consolidated, they can be done faster.                                        
 REPRESENTATIVE ROKEBERG asked if individual agencies have people to           
 draft regulations.                                                            
 REPRESENTATIVE JAMES replied that is not correct.  Frequently                 
 writing of regulations is contracted out.                                     
 Number 140                                                                    
 CHAIRMAN RANDY PHILLIPS asked Representative James where the                  
 separation would be.                                                          
 REPRESENTATIVE JAMES responded that the bill would place it in the            
 Department of Administration.                                                 
 CHAIRMAN RANDY PHILLIPS asked why it couldn't be placed in                    
 Legislative Legal Services.                                                   
 REPRESENTATIVE JAMES replied that it could be placed there.                   
 Originally, Tam Cooke from Legislative Legal Services said it                 
 couldn't be placed under legislative jurisdiction because of the              
 separation of powers issue, but Representative James thought the              
 Legislature could gain control of regulations by statute.                     
 Number 160                                                                    
 REPRESENTATIVE G. DAVIS thought it would be a good idea to contract           
 all regulation writing.                                                       
 REPRESENTATIVE JAMES stated that might be a good idea, but it might           
 be a harder sell than consolidation of regulation writers.                    
 Number 180                                                                    
 REPRESENTATIVE JAMES passed out an amendment to HB 105.  She                  
 believes gaining control of the regulation writing process will               
 help the state solve its' financial problems.                                 
 CHAIRMAN RANDY PHILLIPS asked if HB 105 is a priority for the House           
 of Representatives.                                                           
 REPRESENTATIVE JAMES replied the subject is a priority for the                
 House.  She is trying to get support for streamlining the writing             
 of regulations.                                                               
 ARR - 2/22/95                                                                 
        HB 130 REGULATION ADOPTION PROCEDURES & REVIEW                       
 Number 225                                                                    
 REPRESENTATIVE KELLY, prime sponsor of HB 130, relayed information            
 contained in the sponsor statement to the committee.                          
 Number 345                                                                    
 CHAIRMAN RANDY PHILLIPS expressed the thought that it would work if           
 there was a constitutional amendment.                                         
 REPRESENTATIVE KELLY asked Chairman Phillips if he has a regulation           
 reform bill on which he is working.                                           
 CHAIRMAN RANDY PHILLIPS responded he would like to get rid of the             
 committee.  He thinks the committee should be given the tools it              
 needs, or disband the committee.                                              
 REPRESENTATIVE KELLY agreed with Chairman Phillips.                           
 Number 390                                                                    
 REPRESENTATIVE ROKEBERG asked Representative Kelly if he is                   
 suggesting HB 130 will not work without a constitutional amendment.           
 REPRESENTATIVE KELLY replied the power is there to return the                 
 regulation to the agency.  It is through the Lieutenant Governor's            
 Office; that is how the separation of powers issue is avoided.  The           
 lieutenant governor is not beholden to the governor or the                    
 agencies.  The lieutenant governor is only beholden to the people             
 of the State of Alaska.  Representative Kelly believes HB 130 would           
 work within the existing process.                                             
 Number 434                                                                    
 CHAIRMAN RANDY PHILLIPS commented that everyone would like to see             
 the same thing: the committee needs to acquire the necessary tools.           
 Number 441                                                                    
 REPRESENTATIVE ROKEBERG asked the chairman about the letter sent to           
 the State Chamber.                                                            
 CAROLINE LOMBARD, Staff to Chairman Phillips, stated the committee            
 is currently seeking responses from different organizations,                  
 including the chamber and NFIB, on the regulatory process.                    
 After brief discussion, it was decided that the local chambers of             
 commerce in larger communities will be contacted for input on the             
 regulatory process.                                                           
 Number 460                                                                    
 REPRESENTATIVE G. DAVIS asked Representative James how comfortable            
 she is with the regulations that have been established for the                
 implementation of her concealed weapons bill.  His impression of              
 those regulations is that the process worked well in that instance.           
 REPRESENTATIVE JAMES replied she does not totally feel comfortable            
 with those regulations.  But her experience with those regulations            
 was the impetus behind HB 105.  She is not happy and feels the                
 regulatory process is flawed.                                                 
 Number 505                                                                    
 There being no further business to come before the committee,                 
 CHAIRMAN RANDY PHILLIPS adjourned the Administrative Regulation               
 Review Committee at 4:47 p.m.                                                 

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