HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

January 25, 2005   Hearing Room B

8:30 A.M.      Tapes 6 - 7

 

MEMBERS PRESENT:            Rep. Vicki Berger, Chair

                                                Rep. Peter Buckley, Vice-Chair

Rep. Mac Sumner, Vice-Chair

Rep. Sal Esquivel

Rep. Larry Galizio

 

STAFF PRESENT:                  Caralyn Fischer, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:        

                                                HB 2092 – Public Hearing

                                                HB 2094 – Public Hearing

                                                HB 2095 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 6, A

004

Chair Berger

Calls the meeting to order at 8:32 a.m. and opens the public hearing on HB 2092.

HB 2092 - PUBLIC HEARING

011

Caralyn Fischer

Committee Administrator. Explains what HB 2092 does.

026

Patrick Allen

Manager, Office of Regulatory Streamlining, Department of Consumer and Business Services. States that a lot of the bills from the Regulatory Streamlining package are small improvements that collectively will improve the business climate.

037

Joel Ario

Insurance Administrator, Department of Consumer and Business Services. Submits and summarizes prepared testimony in support of HB 2092 (EXHIBIT A).  

069

Ario

Reviews the four standards for conditional exemption.

080

Chair Berger

Asks how is the reserve regulated.

093

Ario

Responds there would be a requirement but not any active oversight. It is a basic trust and at this point there are no problems.

108

Chair Berger

Confirms that this is the fiduciary responsibility of the non-profit board.

119

Ario

Responds affirmatively. Explains that the -1 amendments addresses four charities that would not meet the reserve criteria and all are associated with larger enterprises (EXHIBIT B).

141

Chair Berger

Asks if this is in a series of statutes that describe charitable organizations.

160

Ario

Answers he believes so.

163

Rep. Esquivel

Asks for clarification on line nine, page two.

165

Ario

Responds that the provisions in Section 4 are repealed as of January 1, 2006. The intent of the amendment is to reinstate those provisions as they pertain to the grandfathered organizations.

168

Rep. Buckley

Asks what were the concerns in the complaint case.

186

Ario

Answers records go back five years. Adds that he is not familiar with the details in the Arizona case.

191

Chair Berger

Closes the public hearing on HB 2092 and opens the public hearing on HB 2094.

HB 2094 - PUBLIC HEARING

199

Caralyn Fischer

Committee Administrator. Explains what HB 2094 does.

208

Patrick Allen

Manager, Office of Regulatory Streamlining, Department of Consumer and Business Services (DCBS). Submits and summarizes prepared testimony (EXHIBIT C). States that during a license search it was discovered that there are several hundred one-year licenses. Explains how HB 2094 offers extended terms on some licenses.

256

Rep. Sumner

Asks how many licenses are there and through which agencies.

259

Allen

Answers that outside DCBS  there are about 334 individual licenses in different categories.

270

Rep. Sumner

Confirms that this bill will allow each agency to determine which licenses can be extended on a case-by-case basis. Asks what is the intent for extending the licenses.

277

Allen

Answers to cut down on the paperwork.

283

Chair Berger

Asks what happens when license term is statutory.

289

Allen

Responds the language states “not withstanding any other provision of law.”

300

Chair Berger

Expresses concern about the language.

307

Allen

Refers to Section 2, first paragraph and answers that the bill does not specify a particular administrative process.

308

Rep. Buckley

Asks where is it stated that the license will be kept to one year license and not give an agency head the ability give a “free ride.”

338

Allen

Responds that the underlying reason and process probably does need to be tighten up.

317

Chair Berger

Notes the intent is to deregulate, but with clarity.  

337

Allen

States that the intent is to provide public protection and an administrative process.

340

Rep. Galizio

Suggests that criteria be established prior to granting the license.

360

Chair Berger

Notes that there has to be a process that is public and transparent.

368

Allen

Responds that by stating this can be done by rule it would accomplish the process.

375

Rep. Galizio

Asks what effect does this have on the suspension of a license.

379

Allen

Responds that the extent that an agency has within an existing license term to suspend or revoke would not be changed by extending the license.

412

Chair Berger

Closes the public hearing on HB 2094 and opens the public hearing on HB 2095.

HB 2095 - PUBLIC HEARING

419

Caralyn Fischer

Committee Administrator. Explains what HB 2095 does. Notes that there are changes in the bill that provide language continuity.

420

Chair Berger

Explains how this happens and mentions the omnibus corrections bill.

TAPE 7, A

019

Patrick Allen

Manager, Office of Regulatory Streamlining, Department of Consumer and Business Services. Submits and summarizes prepared testimony (EXHIBIT D) on what HB 2095 would repeal.

044

Rep. Buckley

Asks why dietitians are regulated.

046

Allen

Responds that it is his understanding that dietitians are heath care professionals and it is also under Medicare rules.

058

Rep. Buckley

Asks what board covers dietitians.

061

Allen

Answers the Board of Examiners of Licensed Dietitians.

080

Chair Berger

Closes the public hearing on HB 2095.

099

Rep. Sumner

Suggests returning the cost savings back to those regulated professions.

100

Chair Berger

Clarifies that the idea of fees on regulatory boards is to cover the state’s role.

114

Allen

Clarifies that this bill will require agencies that offer extended terms to maintain parallel systems. Speculates it will probably be a wash and would depend on the length of the license term.

133

Chair Berger

Adjourns the meeting at 9:20 a.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2092, prepared testimony, Joel Ario, 2 pp
  2. HB 2092, -1 amendments dated 1/20/05, Joel Ario, 1 p
  3. HB 2094, prepared testimony, Patrick Allen, 2pp
  4. HB 2095, prepared testimony, Patrick Allen, 2 pp