J_LS_2018A 11/13/2018 09:32:04 AM Committee Summary

Brita Darling, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Darling presented the Office's memorandum concerning the uncontested rule issue of the State Board of Human Services to the Committee and recommended that the definition of "self-neglect" in the rule listed in the memo not be extended.

Richard Sweetman, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Sweetman presented the Office's memorandum concerning the uncontested rule issue of the Division of Motor Vehicles to the Committee and recommended that the rule listed in the memo not be extended.

Jennifer Berman, Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Berman presented the Office's memorandum concerning the uncontested rule issue of the Parks and Wildlife Commission to the Committee and recommended that the rules listed in the memo not be extended.

Senator Holbert and Ms. Berman discussed whether the commission has authority to transport aquatic nuisance species if they need to for research purposes.

Senator Kagan discussed the possibility of legislation to address the commission's needs.

Representative Lee and Ms. Berman discussed why the Office's memo was originally contested by the commission and then later uncontested.

Christy Chase, Assistant Director, and Thomas Morris, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Ms. Chase and Mr. Morris gave an overview of the work that has been done in past sessions and the work that will be done in the coming session to complete the Title 12 Recodification Project. The Committee was told that they would be receiving two draft bills for consideration at the December meeting.

Senator Gardner discussed with the Committee the importance of getting both bills introduced and passed early in the coming session to avoid potential conflicts with other bills.

Sharon Eubanks, Director, Office of Legislative Legal Services, and Ms. Berman testified before the Committee. Ms. Berman gave an overview of the history of the Independent Ethics Commission (IEC) decision and Senator Marble's subsequent appeal and then informed the Committee on how the case would proceed. Ms. Eubanks gave the Committee an update on the amount of the attorney fees and costs of the initial complaint and the appeal.

Senator Gardner requested that the Office send the appeal briefs to the Committee once they have been received. He also explained his reasoning for supporting the retention of counsel to appeal the IEC decision.

Senator Kagan asked whether Senator Marble had asked for an opinion from the Office before the event. Ms. Eubanks replied that the Office was only made aware of the event after it had happened.

Mr. Morris and Ms. Berman informed the Committee of an opportunity to attend a CLE that will be presented on December 6, 2018, by the Office and members of executive branch agencies exploring the Rule Review Process.

Representative Willett and Mr. Morris discussed the topic of uncontested rule issues and how the CLE should address discussion of the topic.

Sharon Eubanks introduced the three new Office attorneys to the Committee.