JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

REGULAR MEETING

TENTATIVE AGENDA

NOVEMBER 15, 2012 - 9:00 a.m.

ROOMS 305/307 LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR	House Members of JLCAR
Amanda Merrill, Vice-Chair	Betsey L. Patten, Chair
Fenton Groen	Carol M. McGuire
Molly Kelly	Andrew J. Manuse
Gary Lambert	Maurice L. Pilotte
Raymond White	Peter B. Schmidt
Sharon Carson (Alt.)	Spec Bowers (Alt.)
Lou D'Allesandro (Alt.)	David H. Kidder (Alt.)
James Forsythe (Alt.)	Tara A. Sad (Alt.)
Sylvia Larsen (Alt.)	Kathleen N. Taylor (Alt.)
Nancy Stiles (Alt.)	Steven J. Winter (Alt.)

The times and order specified for the agenda items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

1. 9:00 a.m. Convene and Review Minutes

JLCAR Deadlines Noted in Agenda:
For OR's and ROR's:	Deadline is for sponsoring a joint resolution.
For FP's:	Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.
For INT's:	Deadline is for approval or conditional approval. Otherwise, agency cannot adopt the interim rule.

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal

EXRF - Expedited Revision to Form

CONSENT AGENDA
2. 9:05 a.m. Committee Approval of Final Proposals:
(a) FP 2012-63 Approval	COMMUNITY DEVELOPMENT FINANCE AUTHORITY Capacity Development Grants for Regional Development Corporations (JLCAR Deadline November 30, 2012.)
(b) FP 2012-111 Approval	DEPARTMENT OF ENVIRONMENTAL SERVICES Oil and Remediation Programs Recovery of Gasoline Vapors (JLCAR Deadline December 17, 2012.)
(c) FP 2012-119 Approval	DEPARTMENT OF ADMINISTRATIVE SERVICES Division of Personnel Personnel Rules Chapter 100 Changes and the Electronic Human Resources Management System (JLCAR Deadline December 13, 2012.)
(d) FP 2012-120 Approval	DEPARTMENT OF ADMINISTRATIVE SERVICES Division of Personnel Various Personnel Rules and the Electronic Human Resources Management System (JLCAR Deadline December 13, 2012.)
(e) FP 2012-125 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Education Tax Credit Applied to the Business Profits Tax Liability (JLCAR Deadline December 17, 2012.)
(f) FP 2012-126 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Education Tax Credit Applied to the Business Enterprise Tax Liability (JLCAR Deadline December 17, 2012.)
(g) FP 2012-130 Approval	DEPARTMENT OF REVENUE ADMINISTRATION Net Operating Loss Deduction to Gross Business Profits (JLCAR Deadline December 17, 2012.)
3. 9:10 a.m. Committee Conditional Approvals:
(No Items)
4. 9:15 a.m. Committee Acceptance of Agency Responses to Objections:
(No Items)
5. 9:16 a.m. Committee Issuance of Preliminary or Revised Objections to Final Proposals:
(No Items)
NOTE: The following proposals were conditionally approved by the Committee on the dates indicated. Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved. No further Committee action is required in that case.
Conditionally Approved September 20, 2012:
FP 2012-76	BOARD OF REGISTRATION IN OPTOMETRY Rules Regarding Pharmaceutical Agents, Continuing Education Form, Misconduct Investigations and Disciplinary Sanctions for Optometrists (Response received 11-6-12 and confirmed 11-7-12.)
Conditionally Approved October 18, 2012:
FP 2012-118	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Nursing Facility Preadmission Screening and Resident Review (PASRR) (Response received 10-24-12 and confirmed 10-24-12.)
FP 2012-74	DEPARTMENT OF SAFETY Readoption of Motor Carrier Safety Rules (Response received 10-19-12 and confirmed 10-22-12.)
FP 2012-62	BOARD OF EDUCATION Principal, Associate Principal, District Administrator, Educational Interpreter and Professional Development (Response not yet received.)
REGULAR AGENDA
6. 9:18 a.m. Consider postponing action on certain items to another meeting.
7. 9:20 a.m. DEPARTMENT OF SAFETY
(a) FP 2012-94 Withdrawn by Agency. No Further Action	Request for Reconsideration Rule (JLCAR Deadline November 15, 2012.) (Formerly Item #8(b) on 10-18-12 agenda.)
(b) FP 2012-121 Conditional Approval	Various Bureau of Electrical Safety and Licensing Rules (JLCAR Deadline November 19, 2012.) (Formerly Item #8(c) on 10-18-12 agenda.)
8. 9:45 a.m. ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE
FP 2012-90 Approval	Governor's Commission on Disabililty Architectural Barrier Free Design Code (JLCAR Deadline December 3, 2012.)
9. 10:15 a.m. BOARD OF EDUCATION
(a) FP 2012-75 Approval	Comprehensive Agricultural, Marketing and Business Education (JLCAR Deadline December 3, 2012.)
(b) FP 2012-93 Approval	Superintendent and Assistant Superintendent (JLCAR Deadline December 3, 2012.)
10. 10:30 a.m. DEPARTMENT OF REVENUE ADMINISTRATION
FP 2012-127 Conditional Approval with Recommendation	Education Tax Credit Program (JLCAR Deadline December 17, 2012.)
11. 10:45 a.m. INSURANCE DEPARTMENT
FP 2012-128 Conditional Approval	Rules for Dispute Resolution in Medical Injury Early Offer Proceedings (JLCAR Deadline December 17, 2012.)
12. 11:00 a.m. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(a) EXRF 2012-2 Approval	Former Division of Mental Health and Developmental Services Special Medical Services (SMS) – Application for All Services (No JLCAR Deadline.)
(b) FP 2012-131 Conditional Approval	Former Office of Alcohol and Drug Abuse Prevention Impaired Driver Programs (JLCAR Deadline December 17, 2012.)
13. 11:30 a.m. Discussion on OLS report to JLCAR Chair on expedited rulemaking process as required pursuant to 2011, 252:14. JLCAR Recommended Legislation
OTHER BUSINESS 14. 11:45 a.m. Other
Discussion on letter of November 9, 2012 from Department of Agriculture, Markets and Food on status of the Weights and Measures Advisory Board. No Further Action