Montana State Legislature

2011-2012 Economic Affairs Interim Committee

The Economic Affairs Interim Committee (EAIC) is a joint bipartisan committee of the Montana Legislature that meets during the interims between legislative sessions. It conducts interim studies and generally reviews issues related to economic development. It also monitors the programs and functions of the Departments of Agriculture, Commerce, Labor and Industry, and Livestock, as well as the Office of the State Auditor and Insurance Commissioner and the Governor’s Office of Economic Development.

The webpage is down for maintenance.

Agenda - Minutes

 

 - Agenda

Subcommittee on Rural Volunteer Firefighter Work Comp

The Economic Affairs Interim Committee decided at its January 2012 meeting to have a subcommittee of Sen. Tom Facey to examine rural volunteer firefighters' workers compensation coverage. Sen. Facey met with stakeholders who worked on a bill for the 2013 session.

Final Report -Included in Economic Affairs Final Report

Meeting Schedule and Meeting Materials

All audio and video for these meetings is available in the Legislative Audio and Video Archives.

March 23, 2012
Following the Education and Local Government Committee meeting (about 2:30 p.m.)
-- Agenda
-- Yellowstone County mill levies for firefighting in various areas
-- State map for legal entities fighting structure fires
-- Description of firefighting entities by Harold Blattie, MACO
-- Overview of volunteer firefighting issues - staff report 
-- NCCI paper on volunteer firefighters
-- Montana State Fund review of questions for vol. firefighters
-- DNRC Cooperative Equipment Agreementcontract, legal memo

June 12, 2012, Room 172
Following the Economic Affairs Interim Committee meeting (about 2 p.m.) 
-- Agenda
-- NCCI webinar on volunteer firefighters
-- Bill Draft Options

June 18, 2012, Room 102, 4 p.m.
Informal conversation to review bill draft options. Public is invited.

Sept. 5, 2012, Room 137, 3:30 p.m.
-- Agenda
-- Revised Bill Draft LCvlfr - Comments

Sept. 11, 2012, Room 137, Economic Affairs Full Committee

AgendaMinutes 

Agenda - Minutes - Materials

 

Agenda - Minutes 

Agenda - Minutes - Timeline

Agenda Minutes 

Agenda -- Minutes -- 

Study plan

As part of this study the Economic Affairs Committee heard from board members of one-half of the licensing boards to determine if the boards continue to serve a public purpose and meet criteria listed in HB 525. The Economic Affairs Committee also asked board members to review restraint of trade and unlicensed practice concerns related to SB 165. As part of the study, any licensee of a professional or occupational licensing board or any member of the public was invited to participate in a survey related to professional and occupational licensing. The survey ran from July 2011 to October 2014.

FINAL REPORT: Licensed to Bill

REPORT by Business Standards Division to Governor, 2012-2013

 

Committee Handouts

Other Information

  • State Auditor's Office Stakeholder Meeting Feb. 2012
  • March 12, 2012, DHHS rules for exchanges
  • Federal Register for Medicaid eligibility under PPACA
  • Rules related to risk reinsurance, risk corridors
  • Rules for student health insurance
  • Rules for early retiree reinsurance program
  • Insurance cost estimates for Affordable Care Act
  • Americans for Prosperity petition against Affordable Care Act

Final report

Federal Rule

Bill Draft

-- Draft Study Plan

-- Chart showing other states' indemnity funds

 

Study plan

HB 142, enacted in the 2011 session, requires each interim committee to review all statutorily established advisory councils and statutorily required reports of the committee's assigned agencies. Under these provisions, the Economic Affairs Committee must make recommendations to the next legislature on the retention or elimination of any advisory council or required report.

Statutory Advisory Councils

Agency Affiliated Advisory Council MCA Section Review Date
Department of Agriculture
  • Agriculture Development Council
  • Noxious Weed Management Advisory Council
  • Noxious Weed Seed Free Forage Advisory Council
  • Organic Commodity Advisory Council

2-15-3015 and 90-9-103, MCA

80-7-805, MCA

80-7-904, MCA

80-11-601, MCA

 

Not reviewed

Jan. 20, 2012

Jan. 20, 2012

 

Jan. 20, 2012

 

Department of Commerce
  • Economic Development Advisory Council
  • Tourism Advisory Council

2-15-1820, MCA

2-15-1816, MCA

 

10/6/2011

10/6/2011

 

Department of Labor and Industry

no statutory advisory councils (some boards)

   
Department of Livestock

no statutory advisory councils (some boards)

   
State Auditor's Office
  • Advisory Council on Continuing Education for Insurance Licensees
  • Advisory Council on Risk Management Activities

33-17-1204, MCA

33-22-250, MCA

 

April 20, 2012

April 20, 2012

Montana State Fund

none

   
Governor's Office of Economic Development

none

   

Statutorily Required Reports

Agency Report MCA Section Due Date / Submission Date
Department of Agriculture
  • State Agency and County Weed District Biennial Noxious Weed Report

7-22-2151, MCA

 

Committee received copies of the 2010 report in August 2011

 

Department of Commerce
  • Board of Investments Annual Report
  • Distressed Wood Industry Report

17-5-1650, MCA

90-1-503 and 5-11-210, MCA

By Dec. 31 each year

On or before Sept. 1 in year before session

Department of Labor and Industry
  • Apprenticeship and Training Program Biennial Report

39-6-101 and 5-11-210, MCA

 

Not less than once every 2 years

 

Department of Livestock
  • Livestock Loss Reduction Report

2-15-3113, MCA

 

Annual

 

State Auditor's Office
  • Results of advisory council review of a statewide all-payer, all-claims database
HB 573 By Aug. 1, 2012, to Children-Families Committee
Montana State Fund
  • Annual financial report, including a statement of estimated liabilities as determined by an independent actuary

39-71-2363, MCA

Annual report to the governor and the legislature

 

The Economic Affairs Committee proposed the following as committee bills:

  • LC 351 - to include financial institution monitoring in the EAIC interim duties
  • LC 352 - to terminate at the end of 2014 licensing board required reviews
  • LC 353 - to require workers' compensation coverage of volunteer firefighters and to provide a funding mechanism.

Discussion on these bill drafts is available from the video minutes of the Sept. 11, 2012, meeting.

The Legislature, including the Economic Affairs Interim Committee, plays a significant role in the administrative rulemaking process and is authorized to review administrative rules for compliance with the Montana Administrative Procedure Act, also known as MAPA. More information about the rule review process, the EAIC's role and responsibilities, objections to administrative rules, and rules currently proposed by the three agencies under the EQC's purview is available by clicking on the links above.

Contact Bart Campbell at bacampbell@mt.gov for more information on administrative rule review by the EAIC.

Administrative Rule Review

The Economic Affairs Committee conducts rule reviews of the following agencies:

Department of Agriculture Department of Labor and Industry Montana State Fund
Department of Commerce Department of Livestock State Auditor's Office
Governor's Office of Economic Development

Administrative rules are published in the Administrative Rules of Montana (ARM), which is updated twice a month by the Montana Administrative Register (MAR). The MAR contains rulemaking notices regarding proposed new, amended, or repealed rules. The MAR also contains notices of adopted rules, recently issued attorney general's opinions, and notices of vacancies on state boards. The ARM and MAR are maintained by the Secretary of State's office and may be accessed at the following website: http://www.mtrules.org/. For more on Administrative Rule Review click here.

Role of the Economic Affairs Committee

The legislature, including the Economic Affairs Committee, plays a significant role in the administrative rulemaking process and is authorized to review administrative rules for compliance with MAPA. As part of this process, legal staff for the Economic Affairs Committee notifies the Committee of proposed, amended, or repealed administrative rules and of any concerns regarding the rulemaking process. See the chart below for notifications in the 2011-2012 interim and click here for actions that the Economic Affairs Committee may take in response to proposed rules.

Objections

If the Economic Affairs Committee elects to object to a proposed administrative rule, there is a process to follow, described here.

Proposed Rules

Agency, Board, or Commission Overview Notice Date MAR Notice Number Staff Memo
Department of Agriculture
Nursery Program Responding to 2011 legislative directive to adopt rules regarding plant nurseries and risk factors. 1/26/2012 4-14-201 April 2012
  Amending rules to clarify fee due dates and revise terms for collecting various fees. 1/26/2012 4-14-202  
  Amending terms for commodity dealers and public warehouses. 1/26/2012 4-14-204 April 2012
Quarantine Program Amending terms of regulated materials subject to quarantine and revising penalties in response to 2011 legislative action. 1/26/2012 4-14-205  
Department of Commerce
Quality Schools Grant Program Updates references to 2011

12/22/2011
11/25/2011

8-2-98
8-2-503
January 2012
Treasure State Endowment Program Updates references to 2011

12/22/2011
11/25/2011
9/22/2011 

8-94-99
8-94-96
8-94-95
January 2012
Community Development Block Grants Revises rule to conform to federal guidelines Comments
published 8/9/12
8-94-104 April 2012
Board of Housing Six rules to implement guidelines and application procedures for the Montana Veterans' Home Loan Mortgage Program. 7/14/2011 8-111-93 August 2011
Department of Labor and Industry
Unemployment Insurance Division Amending ARM 24.11.2221 regarding contribution rates for experience-rated governmental employers 6/9/2011 24-11-258 August 2011
Repealing definition of misconduct in rule because SB 342 created term in statute.

3/8/312
Adopted 5/14

24-11-264 April 2012
Employment Relations Division Setting prevailing wage rates for public works projects 11/25/2011 24-17-260 January 2012
Adopting new rules for construction contractor compliance and registration fees.   24-101-262 April 2012
Implementing security deposit requirements and other aspects of SB 108 from 2007 session. 4/12/2012 24-29-263  
Business Standards Division Implementing HB 114 from 2009 to recognize licensure and registration of out-of-state volunteers in a disaster 11/10/2011 24-101-259 January 2012
Alternative Health Care Board
Revising rules related to inactive status, the naturopathic physician national substance formulary list, midwife apprentice requirements, and continuing education requirements. 2/23/2012 24-111-24 April 2012

Board of Architects and Landscape Architects

Amending architect examination, landscape architect applications 8/11/2011 24-183-38 October 2011
  9/1/2011 24-114-33  
Board of Barbers and Cosmetologists
 
Revising rules related to instructor training and licensing.   24-101-259 January 2012
Revising rules related to licensing, continuing education, professional conduct.   24-121-10 January 2012
Board of Chiropractors
Revising rules related to interns and preceptors, license renewals, continuing education. 10/27/2011 24-126-32 January 2012
Board of Dentistry
Implementing changes to rules regarding anesthesia used in dentistry, dental hygienist applications, medical assistance program relapses 9/8/2011 24-138-68 October 2011
Rules related to dental hygienists' limited access permits and rules related to relapses for participants in a medical assistance program. 10/03/2011

24-138-509 24.138.2719

October 2011
Board of Funeral Services
Revising fee schedules 2/23/2012 24-147-34 April 2012
Board of Hearing Aid Dispensers
Revising rules related to examinations, record retention, and transaction documents.   24-150-37 April 2012
Board of Nursing
 
Implementing legislation on medication aides at long-term care facilities and registered nurse first assistants, allowing LPNs to mix unit dose IV solutions at small facilities, and removing limit on times tests can be taken. 7/28/2011 24-159-75 August 2011
Implementing HB 25 regarding medical assistance programs and the National Council of State Boards of Nursing guidelines for alternative and disciplinary monitoring programs. 11/10/2011 24-159-76 January 2012
Board of Outfitters
Eliminating certain fees and amending other rules related to net client hunter use expansion; clarifying procedures for basic first aid requirement; adopting successorship rules. 7/14/2011 24-171-31 August 2011
Proposal to remove provisional or inactive guide licenses and amend record reporting, extend NCHU report time, revise incomplete application expiration October 2012

24-171-32

 

 
 
Board of Pharmacy
Adopting dangerous drug schedules, rules for emergency prescription refills, changes to medical assistance program, and vaccine administration. 12/22/2011 24-174-62 January 2012
Adopting rules for contingency kits, electronic information for prescription drug registry, and other drug registry rules.  

24-174-63

January 2012
Adopting rules to implement prescription drug registry and contingency kits. Revising rules for wholesale drug distributor licensing and pharmacist continuing eduction. 12/8/2011 24-174-1201 January 2012
Board of Physical Therapists
Revising rules related to continuing education and adding failure to complete continuing education to unprofessional conduct, repealing rule regarding physician on screening panel. 5/10/2012 24-177-28  
Board of Plumbers
Defining master plumber of record and recognizing that the business owner may not necessarily be a plumber; outlining who obtains permits; and adopting unprofessional conduct rule. 3/8/2012

24-180-47
adopted #15

24.180.301
24.180.505
24.180.507 

 
Board of Professional Engineers and Professional Land Surveyors
Adopting rules to implement prescription drug registry and contingency kits. Revising rules for wholesale drug distributor licensing and pharmacist continuing eduction. 9/1/2011 24-114-33 January 2012
Board of Psychologists
Adopting a temporary permit rule. Amending rules related to fee schedules, nonresident psychological services, applications, professional responsibility and supervised experience. 2/23/2012 24-189-33 April 2012
Board of Public Accountants
Revising rules related to education and continuing education requirements, out-of-state applicants. 2/23/2012 24-189-33 April 2012
       
Board of Real Estate Appraisers
 
Revising rules related to total hours required for certified appraisal licensure to conform with federal requirements. 7/28/2011 24-207-32 August 2011
Revising renewal dates, fees, and implementing changes to appraisal management companies. 8/25/2011 24-207-33 October 2011
Repealing 24-207-402 and adopting U.S. Professional Appraisal Practice by reference. 11/25/2011 24-207-34 January 2012
Requiring completion of education and experience prior to an examination, revising mentor requirements to allow easier transfer of mentor responsibilities, requiring trainees to report if mentor status changes, disallowing webinars for continuing education. 8/9/2012 24-207-35  
Board of Realty Regulation
Reorganizing rules for consistency, simplicity, organization. 3/22/2012 24-210-37 April 2012
Board of Social Workers & Professional Counselors
Adopting qualifications for social workers and professional counselors to perform psychological testing, evaluation, and assessment 10/13/2011 24-219-22  
State Electrical Board
Raising fees for certain licensees to be commensurate with costs; adopting new rule for nonroutine license applications.

8/25/2011

24-141-35 AugustOctober2011
Department of Livestock
Animal Health Division One rule expanding the designated surveillance area to reflect areas in which brucellosis-exposed elk have been found and another regarding blood testing with salmonella antigens. 6/23/2011 32-11-219(DSA) amd 32-11-220 August 2011
  2 rules adopted: one regarding rabies and one on brands for cattle imported from Canada

Adoption date

8/9/2012

32-12-225  
Governor's Office of Economic Development
         
Montana State Fund
  Amending 2 rules related to employment classifications and the construction industry premium credit program.     January 2012
State Auditor's Office
Insurance Division Amending rules related to surplus lines insurance to be consistent with federal law and implement SB 331; revises stamping fee; clarifies that an unauthorized insurer that is an eligible surplus lines insurer is not covered by the state's guaranty association. 9/22/2011 6-198 October 2011
Amending rules related to valuation of life insurance policies to conform with the National Association of Insurance Commissioners and to promote the standard valuation of life insurance policies necessary to determine liability reserves. 10/27/2011 6-197 January 2012
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