Joint Legislative Committee on Administrative Rules
Action Minutes
JULY 20, 2006
Members Present: Representatives
Patten,
(**)
Indicates where Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Item
#6. However, that item was conditionally
approved.)
1. The meeting was convened at 9:02 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Carson, Dokmo, and Mitchell, and Sens. Flanders and
D’Allesandro.
Rep. Pilotte arrived shortly after the
meeting convened.
Rep. Patten appointed Sen. D’Allesandro,
Rep. Carson, Rep Pilotte, Rep. Dokmo, and Rep. Mitchell as alternates,
respectively, for Sen. Clark, Rep. Allan, Rep. Wall, Sen. Clegg, and Rep.
Taylor, who were absent.
2. The Committee discussed the minutes of the
continued Committee meeting on June 30, 2006.
Rep. Carson moved that the minutes be
approved.
Sen. Flanders seconded.
Adopted.
3. The Committee discussed the following final
proposals (Consent Agenda – Final Proposals):
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FP 2006-14 |
BOARD OF LICENSING FOR FORESTERS Rules Regarding Practice and Procedure |
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FP
2006-15 |
BOARD OF LICENSING FOR FORESTERS Rules Regarding Application Procedures,
Fees, Renewals, Continuing Education and Ethical Standards |
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FP 2006-44 |
HEALTH SERVICES PLANNING AND REVEIW BOARD Transfer of Ownership |
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FP 2006-49 |
DEPARTMENT
OF ENVIRONMENTAL SERVICES Division
of Air Resources Architectural
and Industrial Maintenance Coatings |
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FP 2006-53 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Recoupment and Recovery of Erroneously
Disbursed Child Support Payments |
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FP 2006-57 |
FISH AND GAME DEPARTMENT Hunter Education Rules/Free Fishing Day |
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FP 2006-63 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Financial Assistance and Eligibility for
Medical Care |
Sen. Letourneau arrived during the discussion
of this item.
Rep.
Carson moved that the Committee approve the final proposals.
Rep.
Pilotte seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another meeting.
No action to postpone was taken at this
time.
5. The Committee discussed the response by the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2006-24 (Commissioner, Certification of Payment
Standards for Residential Facilities).
Michele Beasley, Peter Carter, and Tim McAvoy testified for the agency.
Rep. Wall arrived shortly after discussion
on this item began.
Since Rep. Wall was now present, Rep.
Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was
absent.
Rep. Taylor then arrived during the
meeting, and therefore Rep. Mitchell was no longer voting.
The Department submitted a revised
objection response to amend He-C 6350.27.
Rep. Taylor moved that the Committee accept
the response and approve the rules.
Rep. Carson seconded.
After further discussion, Rep. Taylor
withdrew her motion and Rep. Carson withdrew her second.
Michele Beasley then requested a revised
objection on behalf of the Department to amend
He-C 6350.27.
Rep. Taylor moved that the Committee make a
revised objection as requested.
Rep. Carson seconded.
Adopted.
The Department submitted the response to
the revised objection.
Rep. Taylor moved that the Committee accept
the response and approve the rules.
Rep. Carson seconded.
Adopted.
**6. The Committee discussed Final Proposal 2006-68
from the Department of Health and Human Services (Commissioner, Certification
for Payment of Foster Care Programs).
Byry Kennedy testified for the agency.
The Department had submitted a request
for conditional approval in a cover letter and amended rules dated July 17,
2006.
Rep. Millham arrived during the
discussion of this item.
Rep. Carson moved that the Committee
conditionally approve Final Proposal 2006-68 as requested by the agency.
Sen. Flanders seconded.
On a show of hands, the vote was 6 “yes”
and 4 “no”. The motion was adopted.
7. The
Committee discussed Proposed Interim Rule INT 2006-28 from the Department of
Health and Human Services (Former Division of Public Health Services,
Requirements for the Control of Radiation and Use of Radioactive
Material). Dennis O’Dowd and Michael
Holt testified for the agency.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2006-28.
Rep.
Carson seconded.
Adopted.
8. The
Committee discussed Final Proposal 2006-4 from the Board of Chiropractic
Examiners (Continued Status). Dr. Kevin
S. Moriarty, Board Chairman, and Trudy Mott-Smith of the Department of
Administrative Services testified for the Board.
Deborah
O’Loughlin testified on behalf of the Insurance Department.
The
Board had requested a conditional approval in a rule dated July 20, 2006 but
received on July 19.
Sen.
Flanders moved that the Committee conditionally approve Final Proposal 2006-4
as requested, except that the Board delete Ch 406.03 from the proposal instead
of amending it.
Sen.
Letourneau seconded.
Adopted.
9. The
Committee discussed Final Proposal 2006-50 from the Department of
Administrative Services (Recoupment of Expenditures for Indigent Defense). Trudy Mott-Smith and Kathy Gallagher
testified for the agency.
The
Department had requested a conditional approval with an amended rule dated July
20, 2006 but received on July 19.
Sen.
D’Allesandro moved that the Committee conditionally approve Final Proposal
2006-50 as requested, with the additional condition that “and” be changed to
“or” at the end of Adm 1005.05 (a)(2).
Rep.
Dokmo seconded.
Adopted.
Rep.
Patten noted for the record that Rep. Pilotte voted “no”.
10. After
a break with Reps. Patten,
Rep.
Dokmo returned to the meeting during the discussion of this item.
The
agency had requested a conditional approval with an amended rule dated July 17,
2006, but which made editorial changes only.
Rep.
Taylor moved that the Committee approve Final Proposal 2006-55.
Rep.
Wall seconded.
Adopted.
11. The
Committee discussed Final Proposal 2006-56 from the Department of Revenue
Administration (Financial Accounting for Counties). Kathleen Sher and Barbara Robinson testified
for the Agency.
The
agency had requested a conditional approval with an amended rule dated July 17,
2006, but which made editorial changes only.
Sen.
Flanders moved that the Committee approve Final Proposal 2006-56.
Rep.
Carson seconded.
Adopted.
12. The
Committee discussed Proposed Interim Rule INT 2006-27 from the Board of
Education (Statement of Eligibility, Highly Qualified Teachers). Dr. Judy Fillion and Virginia Irwin testified
for the agency.
Rep.
Nancy Stiles also testified.
Rep.
Pilotte moved that the Committee table this item.
Rep.
Dokmo seconded.
On
a show of hands, the vote was 2 “yes” and 7 “no” as noted by Rep. Patten. The motion was not adopted.
Sen.
D’Allesandro moved that the Committee approve Proposed Interim Rule INT 2006-27
with the understanding that the text of Ed 513.03 (e) would be changed to
read: “On the date that 20 USC § 7801
(23)(C) is repealed or deemed ineffective by the United States Department of
Education, the department shall cease to accept requests for highly qualified
teacher statements of eligibility.”
Sen.
Flanders seconded.
The
motion was adopted.
Rep.
Patten noted for the record that Rep. Dokmo voted “no”.
13. The
Committee discussed Proposed Interim Rule INT 2006-29 from the Pari-Mutuel
Commission (Games of Chance). Paul
Kelley and Sheri Eldridge testified for the agency.
The
agency had requested a conditional approval.
Sen.
Flanders moved that the Committee conditionally approve Proposed Interim Rule
INT 2006-29 as stated in the Commission’s letter dated July 19, 2006 and rule
dated in part as June 21, 2006 but with the additional change that the word
“primary” in Pari 1214.04 (c)(7)-(13) [sic] on pages 37-38 be changed to
“secondary”.
Rep.
Taylor seconded.
Adopted.
Rep.
Patten noted for the record that Sen. Letourneau voted “no”.
14. The
Committee discussed postponing items to another meeting.
Rep.
Taylor moved that the Committee postpone action on the following items to the
continued Committee meeting on August 3, 2006:
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13. FP 2006-52 |
DEPARTMENT OF HEALTH AND HUMAN
SERVICES Former Division of Mental
Health and Developmental Services Rights of Persons Receiving
Developmental Services or Acquired Brain Disorder
Services in the Community (JLCAR Deadline August 21,
2006.) |
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14. FP 2006-67 |
DEPARTMENT
OF SAFETY Hazardous Materials Transportation Rules (JLCAR Deadline August 21, 2006. Former interim rules expired June 5, 2006.) |
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15. DEPARTMENT OF ENVIRONMENTAL SERVICES |
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(a) FP 2006-48 |
Water
Quality and Quantity Programs (JLCAR Deadline August 21, 2006.) |
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(b)
FP 2006-62 |
Drinking Water Programs Drinking (JLCAR Deadline August 21, 2006. Existing interim rules expire August 24,
2006.) |
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16. INT 2006-24 |
DEPARTMENT OF LABOR Elevator
Accessibility Lifts Inspection, Licensing and Reporting Procedures (JLCAR Deadline September 7, 2006. Existing regular rules expire September 1, 2006.) (Formerly
Item 6(a) on 6-16-06 agenda.) |
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17. Remaining
Responses to Preliminary Objections made in March 24, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2005-213 |
POSTSECONDARY EDUCATION COMMISSION Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning (No JLCAR deadline since agency objection response deadline has been waived.) |
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OTHER
BUSINESS |
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18. Other |
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Sen.
Flanders seconded.
Adopted.
15. Rep.
Taylor moved that the Committee recess.
Sen.
D’Allesandro seconded.
Adopted.
The
Committee recessed at 12:17 p.m.