Legislature(1995 - 1996)
02/22/1995 04:11 PM ARR
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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 regulations. 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.