FIFTY-THIRD LEGISLATURE

FIRST SESSION, 2017

February 17, 2017

Mr. Speaker:

    Your JUDICIARY COMMITTEE, to whom has been referred

STATE GOVERNMENT, INDIAN AND VETERANS' AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILL 58

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

     1. On page 2, line 21, strike "a postcard notice with" and insert in lieu thereof "written notice that includes, at a minimum,".

     2. On page 3, line 2, strike “order”.

     3. On page 3, line 3, after "including", insert "those that explicitly or implicitly implement or interpret a federal or state legal mandate or other applicable law and".

     4. On page 3, line 4, after "repeals", insert "and renewals".

     5. On page 3, line 7, after "agency", insert ", including affecting persons served by the agency".

     6. On page 5, line 6, after the period, insert:

      "Within thirty days of receiving that state records administrator's record of a correction, the agency shall provide to the public notice of the correction in the same manner as the agency used to give notice of the rulemaking proceeding pursuant to Section 4 of this 2017 act.".

     7. On page 9, line 2, after the period, insert:

      "Each agency shall determine, in accordance with governing statutory and case law, the manner in which parties to the proceeding and members of the public will be able to participate in public hearings. All public hearings shall be conducted in a fair and equitable manner.".

     8. On page 13, line 13, after the period, insert:

     "Each agency may adopt its own procedural rules, or continue in effect existing rules, which shall provide at least as much opportunity for participation by parties and members of the public as is provided in the procedural rules adopted by the attorney general.".

     9. On page 13, line 17, through page 15, line 13, strike Sections 11, 12 and 13 in their entirety.

     10. Renumber the succeeding section accordingly.

The roll call vote on Amendment No.2 was 6 For 5 Against

Yes:      6

No:  Brown, Dines, Egolf, Martinez, Chsey

Excused:  Ely, Rehm

Absent:   None