August X, 2020 RE: Poll of the Legislature Pursuant to Section 2-4
PO BOX 201706 Helena, MT 59620-1706 (406) 444-3064 Children, Families, Health, and Human Services Interim Committee FAX (406) 444-3036 66th Montana Legislature SENATE MEMBERS HOUSE MEMBERS COMMITTEE STAFF DIANE SANDS--Vice Chair FREDERICK (ERIC) MOORE--Chair SUE O'CONNELL, Research Analyst JOHN ESP BARBARA BESSETTE ALEXIS SANDRU, Staff Attorney MARY MCNALLY MARY CAFERRO FONG HOM, Secretary ALBERT OLSZEWSKI DENNIS LENZ GORDON PIERSON TOM WELCH August X, 2020 RE: Poll of the Legislature pursuant to section 2-4-403, MCA -- DRAFT Dear Member of the Montana Legislature: I am writing to you as chair of the Children, Families, Health, and Human Services Interim Committee (CFHHS). Because of the circumstances explained below, CFHHS is required by the Montana Administrative Procedure Act (Title 2, chapter 4, MCA) to poll all the members of the Legislature to determine whether the Department of Public Health and Human Services' (Department) new administrative rules proposed in Montana Administrative Register (MAR) Notice No. 37-923, pertaining to flavored electronic smoking devices, are consistent with the intent of the Legislature. Action Item: Returning Enclosed Ballot The enclosed materials include a ballot for you to indicate whether you believe the rules are consistent with or contrary to legislative intent. THE BALLOT THAT IS ATTACHED TO THESE MATERIALS MUST BE POSTMARKED ON OR BEFORE [INSERT], 2020. Poll Request Statute, Legislator Objections, and DPHHS' Response When the Legislature is not in session, 2-4-403, MCA, requires the interim committee that has subject matter jurisdiction over an agency to conduct a poll of the members of the Legislature when 20 or more legislators object to a proposed administrative rule (rule).
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