Joint Legislative Committee on Administrative Rules
Action Minutes
MARCH 24, 2006
Members Present: Senators
Clegg, Flanders, Estabrook, Letourneau, and Clark, and Representatives
(**)
Part 1, Article 28-a was not an issue in
the Committee’s discussions or decisions in this meeting.
1. The meeting was convened at 9:06 a.m. by Sen.
Clegg as Acting Chair.
Members present at this time, aside from Sen.
Clegg, were Sens. Flanders, Estabrook, Clark, and Letourneau; and Reps. Taylor,
Bicknell, Carson. Millham, Mitchell, and Dokmo.
Sen. Clegg appointed Reps. Carson,
Mitchell, and Millham as alternates, respectively, for Reps. Patten, Wall, and
Allan, who were absent. Rep. Dokmo was
not appointed and therefore was not voting yet.
2. The Committee discussed the minutes of the
Committee meeting on March 10, 2006.
Sen.
Flanders moved that the minutes be approved.
Rep.
Taylor seconded.
Adopted.
3. The Committee discussed the following final
proposals (Consent Agenda – Final Proposals):
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FP 2005-178 |
INSURANCE DEPARTMENT Ins 1907 Nondiscrimination in Health Insurance Coverage in
the Group Market |
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FP 2005-220 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Opthalmic Dispensing |
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FP 2005-233 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial Assistance and Eligibility for Medical Care) |
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FP 2005-234 |
INSURANCE DEPARTMENT Automobile Insurance |
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FP 2005-235 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Central Registry |
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FP 2006-2 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Personal Care Attendant
Services |
It was the consensus of the Committee to
take Final Proposal 2005-233 off the consent agenda.
Sen. Clark moved that the Committee approve
the other final proposals.
Rep. Taylor seconded.
Adopted.
4. The
Committee discussed Final Proposal 2005-233 from the Department of Health and
Human Services (Former Division of Human Services, Financial Assistance and
Eligibility for Medical Care). Lisabritt
Solsky testified for the agency.
The
following persons also testified:
Rep.
Ruth Bleyler
Alan
Butenhof
Thomas
Bickford
Norman
Maryea
Larry
Butcher
Norman
Chase
Linda
Steir, who also provided written testimony from Vicky Gayhardt.
Melissa
Drew
Michelle
Winchester, representing the Institute for Health, Law and Ethics.
Richard
Cohen, representing the
John
Kitchen
The
following persons requested their opposition to the rules but did not speak:
Betsy
Zimmerli, who had written testimony.
Kenneth
Baker
Chatherine
Gherardi
Sen. Flanders moved that the Committee
approve Final Proposal 2005-233 and specify that the Committee was not
expressing an opinion on the current litigation relative to special needs trusts,
and that the policy concerns related to the rules would be referred to the
policy committee.
Rep. Bicknell seconded.
Adopted.
5. After a break, with Sens. Clegg,
The agency had requested a conditional approval
with an amended text dated March 21, 2006.
Reps. Millham and Bicknell and Sen.
Letourneau returned to the meeting during the discussion of this item.
Sen. Clegg appointed Rep. Dokmo as an
alternate for Sen. Clark, who was now absent.
Rep. Carson moved that the Committee
conditionally approve Proposed Interim Rule INT 2006-6 with a request to the
agency that it seek legislation to clarify its authority to impose workplace
safety requirements on private employees.
Rep. Dokmo seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2006-8 from the Department of Safety (Interim Various Operation of the
Central Repository Criminal Record Rules).
Marta Modigliani testified for the agency.
Sen. Letourneau moved that the Committee
approve Proposed Interim Rule INT 2006-8.
Sen. Flanders seconded.
Adopted.
7. The Committee discussed Final Proposal 2006-8
from the Department of Safety (Driver Licensing – Requirements for Non-United
States Citizen Rule). Sheri Kelloway
testified for the agency. Nancy Smith,
Senior Assistant Attorney General, also testified for the agency.
Sen.
Letourneau moved that the Committee approve Final Proposal 2006-8.
Rep. Bicknell seconded.
Adopted.
8. The Committee discussed Final Proposal 2006-7
from the Department of Revenue Administration (Municipal Matters). Kathy Sher testified for the agency.
Sen. Estabrook left the meeting during the
discussion of this item.
The agency had requested a conditional
approval with a cover letter and attached rule dated March 23, 2006.
Rep. Mitchell moved that the Committee
conditionally approve Final Proposal 2006-7 as requested by the agency.
Rep. Millham seconded.
Adopted.
9. The Committee discussed Final Proposal
2005-213 from the Postsecondary Education Commission (Pos 1000, Rules Governing
the Evaluation of Institutions of Higher Learning). Kathryn Dodge, Executive Director, testified
for the agency.
The
following persons also testified:
Don Wenz, representing
Paula
Rogers, of Devine Millimet, representing
Jeffrey Carls, representing
Rep.
Pilotte arrived during the discussion of this item. He was not yet appointed as an alternate and
so was not voting at this time.
Sen.
Letourneau moved that the Committee make a preliminary objection to Final
Proposal 2005-213 on the determination, after listening to public testimony,
that the proposal is contrary to the public interest by being designed for the
administrative convenience of the agency to the detriment of the public.
Rep.
Taylor seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule
INT 2006-9 from the Division of Personnel of the Department of Administrative
Services (Interim Personnel Rules Chapter Per 200-1500). Tom Kehr from the Department of
Administrative Services and Karen Levchuk, Personnel Director, represented the
agency.
Rep. Dokmo moved that the Committee approve
Proposed Interim Rule INT 2006-9.
Rep. Taylor seconded.
Adopted.
11. It was the consensus of the Committee to
postpone discussion on the following item to the Committee’s continued meeting
on April 7.
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11. FP 2005-177 |
INSURANCE
DEPARTMENT Ins 1901 Minimum Standards for Accident and Health Insurance (JLCAR Deadline April 13, 2006.) |
12. The Committee discussed Final Proposal
2006-17 from the Pari-Mutuel Commission (Rules of Harness Racing). Sheri Eldridge testified for the agency.
Sen. Flanders moved that the Committee
approve Final Proposal 2006-17.
Rep. Carson seconded.
Sen. Clegg appointed Rep. Pilotte as an
alternate for Sen. Estabrook, who was absent.
The motion was adopted.
13. It
was the consensus of the Committee to postpone the following items to the
continued Committee meeting on April 7:
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13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) INT 2006-10 |
Former Division of Human Services Recovery of Erroneously
Disbursed Child Support Payments (JLCAR Deadline June 8,
2006. Existing regular rules expire |
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(b) FP 2005-224 |
Former Division of Mental Health and Developmental Services Staff Qualifications and Staff Development Requirements for
Developmental Service Agencies (JLCAR Deadline April 24, 2006.) |
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(c) FP 2006-6 |
Former Division of Human Services Vision Services (JLCAR Deadline April 24, 2006.) |
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15. OR 2005-140 |
BOARD
OF BARBERING, COSMETOLOGY, AND ESTHETICS Application
Procedures, Licensing Requirements, and Renewal Form (JLCAR Deadline April 25, 2006.) (Formerly Item #16 on 3-10-06 agenda.) |
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16. Remaining
Responses to Preliminary Objections made in February 17, 2006 Meeting But Not
Yet Received by Committee Staff. (JLCAR Deadline May 23, 2006.) |
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(a) OR 2005-117 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Commissioner Maximum Reimbursement for Residential Child Care Rate Setting. |
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OTHER
BUSINESS |
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17. Other |
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14. The
Committee recessed at 12:55 p.m.