Administrative Rules Review Committee
ADMINISTRATIVE RULES REVIEW COMMITTEE
August 4, 1998 - 9:00 a.m. - Room 305 State Capitol
Members Present:
Sen. Howard A. Stephenson, Cochair
Rep. Martin R. Stephens , Cochair
Sen. David L. Buhler
Sen. Mike Dmitrich
Sen. Craig A. Peterson
Sen. Robert C. Steiner
Rep. John B. Arrington
Rep. James R. Gowans
Rep. John E. Swallow
Rep. David Ure
Staff Present:
Mr. Arthur L. Hunsaker,
Research Analyst
Ms. Esther D. Chelsea-McCarty,
Associate General Counsel
Ms. Barbara A. Teuscher,
Legislative Secretary
Note: A list of others present and copies of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Call to Order and Approval of Minutes of Meeting Held July 6, 1998
MOTION: Rep. Gowans moved to approve the minutes of July 6, 1998. The motion passed unanimously. Rep. Ure and Sens. Dmitrich, Peterson and Steiner were absent for the vote.
2. Update: R657-33-10 Spotlighting - Ms. Debbie Sundell, Administrative Rules Coordinator, Division of Wildlife Resources, and Mr. John Kimball, Department of Natural Resources, addressed the committee. A handout was distributed to the committee. Ms. Sundell indicated that the rule is being rewritten to ensure that the exceptions cited in Section 23-13-17 apply to both parts "a" and "b" of the rule.
3. R414-39 Home and Community-based Services Waiver; and R414-42 Limitations on scope of Service for Inpatient Hospitals and Outpatient Hospitals and Limitations on Scope of Service for Physician Services ( Staff Report) - Mr. Hunsaker said the issue resulted from staff's review of the April 15 bulletin. Although the agency's justification for the repeals centers on the rule language being redundant, staff's concern is whether the rules meet the requirements for rulemaking and should be retained.
Mr. Michael Deily, Director, Division of Health Care Financing, discussed R414-39 Home and Community-based Services Waiver and R414-42 Limitations on scope of Service for Inpatient Hospitals and Outpatient Hospitals. He said the agency determined that, in addition to being redundant, neither rule met the requirements for rulemaking, and that this justification should have been made more clearly on the rule analysis form.
4. Staff Report: Mr. Hunsaker reviewed various, mostly nonsubstantive concerns with the rules in the April 15 Bulletin which the committee had asked staff to analyze.
Chair Stephens suggested that the committee review two or three bulletins each year and asked staff to distribute the results of the April 15 Bulletin analysis to the affected agencies.
MOTION: Rep. Ure moved for staff to conduct an analysis of the August 1 Bulletin. The motion passed unanimously.
5. Committee Business - Items for Next Meeting
Mr. Hunsaker indicated that the Office of the Legislative Fiscal Analyst is in the process of analyzing the July 15 Bulletin for agency compliance with new fiscal impact information requirements in law and rules. Their report is scheduled for the next committee meeting.
Sen. Buhler asked staff to check on the changes being made to R307-309, Fugitive Dust Emissions and Fugitive Dust, to see if industry concerns are being addressed .
Chair Stephens indicated that the Bureau of Health Facility Licensure has a rough draft of the rules slated for placement in statute during the next legislative session. The agency would like to have the committee look at the draft. Committee members agreed to agendize the item.
Rep. Ure informed committee members that he had attended a Fish Health Policy Board meeting and discussed their authority to impose criminal penalties when a rule is violated. Ms. Connie Steffen, Research Analyst, Office of Legislative Research and General Counsel, said the Agriculture Act provides that a violation of a rule made by the Department of Agriculture could be subject to a class B misdemeanor. There is some question as to whether specific laws enacted later take precedent over the more general law written earlier.
Sen. Peterson commented that he had served on the Sentencing Commission, and one of the primary roles of that commission is to review state statutes to ensure that the punishment fits the crime. The commission concurred that blanket criminal penalties associated with a broad range of activities were inappropriate in the criminal code. To give that much broad authority to a division is probably inappropriate, and should be reviewed by the committee.
The committee directed staff to find all similar provisions in the code and report.
Mr. Hunsaker referred to S.B. 138, Retirement - Use of Sick Leave, 1998 General Session, which amended Section 67-19-14 to grant additional retirement benefits to employees who retire before age 60. However, on July 1 the Department of Human Resource Management filed an emergency rule, which amended R477-8, Working Conditions, that extended the new benefits to
all employees upon retirement. Committee discussion followed.
MOTION: Rep. Ure moved that R477-8, Working Conditions, be placed on the next committee agenda. The motion passed with Sen. Dmitrich and Rep. Gowans voting no.
Meeting Dates - The next proposed Administrative Rules Review Committee meetings were scheduled for August 17 and September 8, both at 9:00 a.m. in Room 305. Sen. Buhler indicated
that he would be unable to attend the August 17 meeting. Since Sen. Buhler was the sponsor of
S.B. 138, the bill which triggered the amendments to R477-8, the committee agreed to postpone
discussion of the rule until the September 8 meeting.
6. Adjourn -
Rep. Ure moved to adjourn the meeting at 10:25 a.m. The motion passed unanimously.
F:\USERS\ADMRULES\WPFILES\AG-MIN\8-4-98.MN
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