HSCR 2-DISAPPROVING EXECUTIVE ORDER 121  3:18:51 PM [Due to technical difficulties, a brief portion of audio was not recorded but the information was captured from the secretary's log notes.] CO-CHAIR ZULKOSKY announced that the final order of business would be HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2, Disapproving Executive Order No. 121. CO-CHAIR ZULKOSKY observed that it seemed odd for an administration to put forward an executive order in its last year. She asked whether the department had considered a "relief valve" or backup plan. 3:20:48 PM ADAM CRUM, Commissioner, Department of Health and Social Services, responded that the idea for EO 121 came from long- tenured staff within the department. As it moves forward, he said, this staff will be present to ensure the success of the bifurcation of DHSS into the Department of Health (DOH) and the Department of Family and Community Services (DFCS). He said there is also stakeholder support. He indicated there would be opportunity for more legislative oversight. In response to a follow-up question, he gave examples of how EO 121 could lead to success with staffing, oversight, and internal functions. 3:26:21 PM CO-CHAIR ZULKOSKY requested a list of metrics be given to the committee. 3:26:44 PM CO-CHAIR SNYDER asked for clarification of a concern Mr. Dunmire had expressed in writing about Section 133. She offered her understanding that he had quoted Section 134. 3:27:20 PM ANDREW DUNMIRE, Attorney, Legislative Legal Services, Legislative Affairs Agency, explained that he had addressed a transitional provision which grants DHSS and the two new departments the authority to create their own regulations. The granting of rule-making authority, he explained, typically comes from the legislature. CO-CHAIR SNYDER requested a response from the Department of Law (DOL). 3:28:34 PM STACIE KRALY, Director, Civil Division (Juneau), Department of Law, said Section 133 is a transitional provision which would allow the administration "to effectuate the executive order through necessary regulation changes." She explained that not having this ability would not be an effective use of having the power. She expressed that creating regulatory authority, which does not exist, would not be taking legislative power. She explained that the authority to create regulations in the administering of these programs exists under Title 47. She stated that DOL would not consider this to be a substantive change. She pointed out that previous executive orders have been similar concerning this issue. 3:31:21 PM CO-CHAIR SNYDER asked Mr. Dunmire if he agreed that the language has been seen before [in similar situations]. 3:31:38 PM MR. DUNMIRE replied that he does not know the answer, but he would research the issue and follow up to the committee. 3:31:55 PM REPRESENTATIVE FIELDS offered a question to be answered at a later time. The question concerned whether the division directors had done an analysis to determine an adequate level of frontline staff. [HSCR 2 was held over.]