Date: 02/09/2015

Final
BILL SUMMARY for HB15-1139

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment K). The motion p
Adopt amendment L.002 (Attachment L). The motion p
Postpone House Bill 15-1139 indefinitely. The moti
Refer House Bill 15-1139, as amended, to the Commi		PASS
PASS
PASS
FAIL



04:34 PM -- HB15-1139

Representative Carver, prime sponsor, presented House Bill 15-1139. This bill modifies the Administrative Procedures Act (APA) to require the review of all existing administrative rules on a department-by-department basis. The bill also amends the APA to include specific procedures for the analysis of new rules that affect small businesses. The Office of Legislative Legal Services (OLLS) is required to review all existing rules of the principal departments of the state executive branch. The Committee on Legal Services (COLS) is required to review the recommendations of the OLLS in a public meeting and introduce a separate bill for any department that has promulgated a rule, or a portion of a rule, that the COLS votes to repeal. All rules not repealed in a departmental rules review bill would remain in effect. Similar to the current rules review process, rulemaking agencies of the state are prohibited from repromulgating a rule that is repealed due to its rejection in review. The Secretary of State (SOS) directs the removal of repealed administrative rules from state legal materials.


04:42 PM

Representative Carver distributed a fact sheet and explained amendments L.001 and L.002 (Attachments J through L). She discussed the bill and responded to questions from the committee.

15HouseState0209AttachJ.pdf15HouseState0209AttachJ.pdf 15HouseState0209AttachK.pdf15HouseState0209AttachK.pdf 15HouseState0209AttachL.pdf15HouseState0209AttachL.pdf

04:55 PM

The committee continued its discussion with Representative Carver about the bill.


05:01 PM

Committee discussion continued.


05:09 PM

The committee questioned Representative Carver about the fiscal note.

05:13 PM -- Alex Schatz, representing Legislative Council Staff, responded to questions from the committee about the potential effect of the amendments on the fiscal impact of the bill.


05:20 PM

Committee discussion about the bill continued.

05:27 PM -- Ann Hause, representing the Department of Public Health and Environment (DPHE), testified in opposition to the bill. Ms. Hause discussed the rules promulgated on an annual basis by boards and commissions that fall under the purview of DPHE. She indicated that the current notice requirements are very robust. She talked about the cost benefit analyses required by current law and regulatory analyses that are permitted under current law. She explained various requirements at length. She stressed how willing the department is to receive public comment during rulemaking. She discussed the fiscal impact of the bill on the department. Ms. Hause responded to questions from the committee.
BILL:HB15-1139
TIME: 05:48:49 PM
MOVED:Tate
MOTION:Adopt amendment L.001 (Attachment K). The motion passed on a vote of 7-4.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
Yes
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:HB15-1139
TIME: 05:50:09 PM
MOVED:Humphrey
MOTION:Adopt amendment L.002 (Attachment L). The motion passed on a vote of 7-4.
SECONDED:Tate
VOTE
Foote
No
Humphrey
Yes
Lontine
Yes
Neville P.
Yes
Primavera
Yes
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
Yes
Salazar
No
Ryden
No
YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:51 PM

Representative Carver wrapped up her presentation of the bill and asked for a favorable recommendation.
BILL:HB15-1139
TIME: 05:55:44 PM
MOVED:Neville P.
MOTION:Refer House Bill 15-1139, as amended, to the Committee on Appropriations. The motion failed on a vote of 4-7.
SECONDED:Humphrey
VOTE
Foote
No
Humphrey
Yes
Lontine
No
Neville P.
Yes
Primavera
No
Tate
Yes
Thurlow
Yes
Tyler
No
Willett
No
Salazar
No
Ryden
No
YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1139
TIME: 05:56:38 PM
MOVED:Salazar
MOTION:Postpone House Bill 15-1139 indefinitely. The motion passed on a vote of 7-4.
SECONDED:Foote
VOTE
Foote
Yes
Humphrey
No
Lontine
Yes
Neville P.
No
Primavera
Yes
Tate
Yes
Thurlow
No
Tyler
Yes
Willett
No
Salazar
Yes
Ryden
Yes
Final YES: 7 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: PASS



05:57 PM

The committee adjourned.