SB 1 - REVIEW OF FEDERALLY MANDATED PROGRAMS SENATOR ROBIN TAYLOR introduced himself and commented about an airline whose brakes failed with him as a passenger in Petersburg. He said he introduced SB 1 as a companion bill to his Tenth Amendment resolution, SJR 7. He stated this resolution demands that the U.S. Congress stop passing legislation which exceeds its authority under the Tenth Amendment of our Constitution. SB 1, he said, is an attempt to identify federal mandates, both statutory and regulatory, to see which of these conflict with the policies of our state and the limits of our state Constitution. He commented he thought the agencies would be doing this already, but received all sorts of strange fiscal notes, indicating how much expense this would be the implement. He said, hopefully, this would provide them with a vehicle to focus their attention on those mandates worth reviewing. He stated SB 1 would require an annual review by the Executive Branch of each program mandated by Congress and audit by the Governor. The Legislative Budget and Audit Committee would adopt conclusions and make recommendations for changes in the federal law to make a program more consistent with state policy or more cost-effective. At the same time, a determination could also be made with the Department of Law, to see if the mandate exceeds federal authority under the Tenth amendment. He stated Section 1 of the bill finds there is an urgent need for this review and the bill also allows for legislative review of federal mandates and the Legislative Budget and Audit Committee would be charged with making those recommendations. He thought SB 1 would add credence to the legislatures passage of SJR 7. He pointed out the Senate Finance Committee zeroed out the various fiscal notes submitted by the different agencies of state government. They felt the information for conducting this review were already available to the agencies, and so there was no need for additional staff. On March 9, the Senate passed SB 1 by vote of 11 to 8. He urged quick passage of the bill from committee and expressed appreciation to Chair Jeannette James for hearing the bill. Number 075 CHAIR JAMES asked if there were any questions from the committee for Senator Taylor. She asked if anyone else wished to testify on the bill. CHARLES MCKEE testified via teleconference from Anchorage, saying he approved of this bill as it could relieve the impact of federal intrusion on many different entities, from the permanent fund to the oil industry. He thought this bill made a slight attempt to redress his fiscal difficulties and would help the legislature in dealing with the state budget. Number 141 DELORES FIELDS, Member, Alaska Independence Party stated she was a proud member of the Alaska Independence Party and supported SB 1, because federal mandates needed to be reviewed before being implemented by the state. She thought the mandates coming from the federal government did not always comply with the policies of the state. Number 170 CHAIR JAMES recognized the arrival of Representatives Willis and Ivan at 8:11 a. m. She asked if there was anyone else wishing to testify on teleconference. ART GRISWOLD, Member, Alaska Independence Party, said he also wanted to testify in favor of SB 1. He mentioned he was speaking on behalf of the Interior Region of the Alaska Independence Party, who found the provisions of this bill would help protect states rights and those of the citizens of this state from those unfunded mandates of the federal government that do not pertain to the needs of Alaska. He pledged the support of the Alaska Independence Party in getting passage of SB 1 through the legislature. Number 188 REPRESENTATIVE SCOTT OGAN asked Senator Taylor if he thought it might be better to conduct this review of federal mandates over a four year period, instead of annually. He recognized the bill had a zero fiscal note, but thought many of the mandates would not change annually, and so would not be in need of review. SENATOR TAYLOR said he had considered this, but was fearful that should they allow a review over four years, some administrations might not start the review until the fourth year. He added he did not trust a Republican majority in Congress any more than he had trusted a Democrat majority in Congress. He thought Republicans were just as likely to force silly legislation on Alaska, just as much as the Democrats did. He thought the danger of losing our civil liberties was always in jeopardy whenever you convene a congress or state legislature. He quoted Benjamin Franklin, who said Men are plowing quietly in the fields and women weeping silently in the kitchens of this land, for the legislature is in session and no mans life or property is safe. CHAIR JAMES verified there was no further questions from the committee and asked for a motion to pass SB 1 out of committee. Number 244 REPRESENTATIVE OGAN stated he would be privileged and honored to move to pass SB 1 out of committee with zero fiscal note and individual recommendations. CHAIR JAMES asked if there were any objections from the committee. Hearing none, the bill passed out of committee.