House State Affairs Committee Minutes 2008 MINUTES HOUSE STATE AFFAIRS COMMITTEE DATE: January 9th, 2008 TIME: 10:00am PLACE: Room 145 MEMBERS: Chairman Loertscher, Vice Chairman Anderson, Representatives Stevenson, Black, Snodgrass, Andrus, Bilbao, Crane, Labrador, Kren, Vander Woude, Luker, Mathews, Shepherd(2), Smith(30), Pasley-Stuart, Rusche, King ABSENT/ EXCUSED: GUESTS: Sign in sheet attached to original minutes on file in the Committee Office until the end of the 2008 legislative session, after which it will be retained in the Legislative Library. BILL #: Organization Meeting INTRODUCTION/ Chairman Loertscher called the meeting to order at 10:00am with a ASSIGNMENTS: quorum present. A silent roll was taken. He welcomed the committee and introduced the committee secretary, Camille Luna, and the committee page, Bethanne Weston. He talked about the importance of calling the meetings to order on time and that if anyone has questions or concerns regarding the committee to contact him. He mentioned that motions are always in order in this committee. He stressed the importance of getting RS’s in as soon as possible to help this committee run quickly and smoothly but also mentioned that our committee is a privileged committee and is able to introduce bills until the end of the session. Chairman Loertscher then introduced Vice Chairman Eric Anderson. Vice Chairman Eric Anderson who is over committee rules introduced the two committee chairs and the members who had been selected to sit on the committees. The first subcommittee would handle the Occupational, State Police, and PUC (Public Utility Commission) rules and its members include Representatives Vander Woude, Kren, Luker, and Smith being chaired by Representative Stevenson. The second committee will be dealing with the Dept. Of Administration, Lottery, Office of Treasure, and Athletic Commission rules. The members of this subcommittee are Representatives Labrador, Mathews, Snodgrass, and Shepherd being chaired by Representative Crane. Vice Chairman Anderson told committees that if you have your meetings regarding the rules and all looks well, not to call a hearing but if questions or concerns arise, then to schedule a hearing. He also reminds the members that are not on the subcommittees that they have every right and privilege to question any of the rules and to come forward to the chairman of the subcommittee and request a hearing. Representative Rusche asked if we would publish when we are having the subcommittee meetings because some interested public might like to testify or sit in. Vice Chairman Anderson answered absolutely, that the meetings are public so if anyone wishes to testify they are able to. Vice Chairman Anderson went on to explain the process after the rules had been discussed in the subcommittees, they are then to be presented by the subcommittees to the full committee for approval. Chairman Loertscher generally talked about voting and election issues that might arise this session or in the future. He mentioned that closed primary will not be seen in this committee unless it is passed by the Senate. He announced that there will not be meetings Thursday the 10th or Friday the 11th. Loertscher again reminded the committee members the importance of getting RS’s in as soon as possible. He then asked if anyone had questions or comments. ADJOURN: There being no further business, the meeting was adjourned at 10:20am. Representative Thomas Loertscher Camille Luna Chairman Secretary HOUSE STATE AFFAIRS January 9th, 2008 - Minutes - Page 2 MINUTES HOUSE STATE AFFAIRS SUBCOMMITTEE DATE: January 14th, 2008 TIME: 9:00am PLACE: Room 145 MEMBERS: Chairman John Stevenson, Representatives Lynn Luker, Steve Kren, John Vander Woude, and Elaine Smith. ABSENT/ EXCUSED: GUESTS: Sign in sheet attached to original minutes on file in the Committee Office until the end of the 2008 legislative session, after which it will be retained in the Legislative Library. Chairman Stevenson called the meeting to order at 9:00am. DOCKET # Jim Kempton is the Commissioner for the Public Utilities Commission. He 31-1101-0701 introduced Docket number 31-1101-0701 to the subcommittee. This rule is pending for review by the 2008 Legislature for final approval. Jim Kempton went into detail on the Commission’s Safety and Accident Reporting Rules and how they currently adopt by reference several national safety codes and federal safety regulations. The Commission is proposing to update its Rules by adoption of the 2006 Edition. The major revisions include: prohibited locations for appliances; vent piping; connecting gas supply to appliances in manufactured homes, and standards for single-wall metal pipe. The Commission is also proposing changes and these Safety and Accident Reporting Rules adopt by incorporation new reporting requirements regarding natural gas pipelines. In response to pipeline outages caused by hurricanes Katrina, the Commission proposes to amend its Safety and Accident Reporting Rules by incorporating the new accident reporting procedures. He ended with the Commission proposing to make several housekeeping corrections to its Safety and Accident Reporting Rules. Chairman Stevenson opened up the floor for questions. MOTION: Being no questions, Rep. Luker moved to accept Docket 31-1101-0701 as written. The motion carried by voice vote. HOUSE STATE AFFAIRS January 14th, 2008 - Minutes - 1 DOCKET # Jim Kempton introduced Docket 31-1201-0701 to the subcommittee. The 31-1201-0701 Commission is proposing to update its Uniform Systems of Accounts Rules by adoption of the 2007 editions of the Code of Federal Regulations. The Commission is also proposing to make several housekeeping corrections. Rep. Vander Woude inquired about the pay by credit card option and how to obtain details of a bill before paying it.. Don Howell from the Attorney Generals office mentioned that by calling the number provided for the pay by phone option, you are able to request a detailed bill so you are able to see how they came up with that specific amount. Chairman Stevenson opened the floor for further questions and also reminded the public that they were able to ask questions also. MOTION: Being no more questions, Rep. Smith moved Docket 31-1201-0701. The motion carried by voice vote. Jim Kempton introduced Docket 31-2101-0701 to the subcommittee. This DOCKET # Rule was in relation to billing. He went into detail on the proposed limited 31-2101-0701 time period that a utility may rebill an undercharged customer to six (6) months unless a reasonable person should have known of the inaccurate billing which resulted in the undercharge, in which case they will be billed for the undercharges not exceeding three (3) years. He talked about the meter being off and not being able to charge people the correct amount until it is noticed that there is a backlog of charges on that meter. Utilities must implement procedures designed to identify customers who have been inaccurately billed. There was some questions by Rep. Vander Woude regarding the definition of a reasonable person. There was not a direct clarification defined. Jim Kempton went on to talk about the Commission defining the term “written notice” to include e-mail when the customer has elected to receive electronic billing and consents in writing to “opt-in” to receiving the electronic notification. The Commission proposes to clarify the restrictions when service may be denied or terminated and proposes to generally prohibit service termination with some exceptions. He talked about people being able to come to the commission if they are not able to pay their bills other than taking these cases to court. General conversation regarding customer complaints was discussed and Beverly Barker, who is over customer care at the PUC, was involved in answering how customers would go about resolving a bill saying that any HOUSE STATE AFFAIRS January 14th, 2008 - Minutes - 2 complaints should be directed to her department. Don Howell went into detail regarding the three (3) corrected pages saying that PUC worked directly with Administrative Rules to change the corrected text during pending rules but the Administrative Rules department forgot to delete the text. Ed Hawley from Administrative Rules did attend the meeting and did testify to this mistake. Don Howell went on to specify that these changes came about on behalf of public comments and concern. MOTION: Rep. Luker moved to accept Docket 31-2101-0701as written with rule corrected pages. The motion was carried by voice vote. DOCKET # Jim Kempton introduced Docket 31-7102-0701 to the subcommittee. He talked about eliminated this entire section because the information in this 31-7102-0701 Rule no longer applies with work they preform on railroads. There were no objections to this repeal. Repeal motion was held until the end of the presentation of the new Rule, MOTION: Docket 31-7102-0701. DOCKET # Jim Kempton introduced Docket 31-7103-0701 to the subcommittee. He 31-7103-0701 again mentioned that this Rule will be removing one Rule from 31-7102-0701 to update the Safety Sanitation Rules and making it 31-7103-0701. There again were no comments or objections to these changes. Rep. Vander Woude inquired about investigation of an accident by the PUC not being public record. Don Howell stated that this information is kept private during its investigation because of the enforcement power help by the PUC. After investigation of an accident is concluded, those records are then made public but are still not presentable in a court case. Rep. Luker went on to clarify for Rep. Vander Woude why information from an accident report can not be used in court and that this Rule is “typical”. Don Howell went on to explain the words “may” and “maybe” in the rule, saying that the final verdict on those situations are up to the commissions discretion and that more details may be found in the Commissions Public Records Rules.