(JUNEAU)- House Bill 205 introduced by Representative Jay Ramras (R-Fairbanks) received its first committee hearing in House Judiciary Wednesday, April 6. The bill will allow the Legislative Administrative Regulation Review Committee (ARRC) to force a temporary suspension of a regulation that does not meet legislative intent or other criteria. From there the committee would introduce a bill to annul the language before it could take effect.

Alaska's part time Legislature often delegates its rule making authority to the administration through the Administrative Procedures Act. This allows the Administration some flexibility in enforcing legislation. The problem is regulators sometime misinterpret what lawmakers wanted to accomplish and write regulations that exceed the intent of the statutory language.

"This problem is not new, and happens regardless of who is in the Governor's office. The language in HB 205 is a proposal to bring accountability back to the process. Regulation writers, write law, they are not elected, and therefore do not answer to the public. In fact, once a proposed regulation is written it is nearly impossible for the public to change the language. If the Legislature tried to pass laws this way, I'm sure we would all be looking for another job." Ramras said.

While the House Judiciary Committee did not move the bill, it opened the door to a lively discussion about how to correct the ongoing regulation process. HB 205 will be revised to address potential separation of powers concerns prior to its next hearing. A concern expressed by several of the committee members was the legislature delegated the power and now is having to search for a way to pull it back and somehow control it.

With only a few weeks left in the first session, and because of its complexity HB 205 will become an interim project for several lawmakers with a potential fix that will pass court muster ready for action in January.

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