Legislature(1995 - 1996)
02/22/1995 04:11 PM House ARR
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* first hearing in first committee of referral
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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.
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