Sponsor Statement for HJR 2

Repeal of Regulations

House Joint Resolution 2 proposes an amendment to Alaska's Constitution which would allow the legislature to repeal a regulation adopted by a state department or agency. The question of whether or not to adopt this proposal would be placed before Alaskan voters at the next general election (1998).

In many cases, legislative directives are ignored or regulations are created that go far beyond the scope of what the legislature intended. Once regulations go into effect, they have all the force and effect of law. The bureaucracy may, and has, subverted the will of the legislature by creating regulations with different effects and consequences than that intended under the actual law adopted by Alaska's elected representatives.

Currently, the only recourse the legislature has to rogue regulations is to rewrite the entire law which is expensive and time consuming. Under the current system, if a constituent calls with a concern about a particular regulation, a legislator can only respond by rewriting the law instead of reviewing the regulation in question and repealing it if it does not accomplish what the legislature intended.

Over 9,500 pages of regulations are in the Alaska Administrative Code. No elected official voted on these regulations and the public has no one to hold responsible for the bad regulations. It is the legislature's responsibility to make laws -- not the bureaucracy. HJR 2 opens the process to public scrutiny.

This resolution would allow the public to express its view on this matter. The last consideration of this matter by voters was in 1986. While the voters have turned down repeal of regulations three times since 1980, the regulations adopted since that time have become so onerous that it is time to again ask the voters about this process. The repeal of onerous regulations is needed to ensure a healthy environment for resource and other economic development in Alaska.

I urge your support of this resolution.

Ed1:2/25/97