concern is that the rule may be more specific than is necessary.
Ms. Debra Wynkoop-Green, Director, Bureau of Licensing, Department of Health,
introduced Ms. Iona Thraen, the new Division Director of Health Systems Improvement. Ms.
Wynkoop-Green then compared the old rules to the new rules and pointed out the differences
between the two. The division is in the process of recruiting nine members to the Statutory
Board Advisory Committee. The division has held five training classes regarding the proposed
rules. Classes are being given to inform people as to what an emergency rule is, how to read the
statute, and the definition of exempt facilities. Ms. Wynkoop-Green stated that the division has
given education classes to over 1,000 people. The public is most concerned with staff-to-child
ratios for 13 to 24 month olds.
Chair Harward said he hopes that when the division hears from day care providers that
the division will be able to filter out the benefits to children and that which is beneficial to
limiting competition pressures.
Rep. Stephens asked how discipline is proposed in a child care facility.
Ms. Thraen indicated that using removal from a situation is acceptable. Ms. Wynkoop-
Green discussed and explained specific guidelines relating to Rep. Stephen's question.
Sen. Buhler suggested that as the rule is finalized, more should be done to arrive at more
detailed fiscal impact information. Also, to consider whether it is something that is vital in
protecting the health and safety of children. He is concerned with trying to make it too much of
an ideal world, and suggested having minimum standards.
Sen. Stephenson said the committee would like to avoid micro-managing and requested
the division make sure what is stipulated in rule has a statutory basis.
5. R477-7 Compensation - (Sen. Buhler) - Exempt employees -
Sen. Buhler introduced this issue and expressed his concerns with the rule.
Ms. Karen Suzuki-Okabe, Executive Director, Department of Human Resource
Management, presented information on the genesis of the rule. She further discussed the
severance pay issue and said that the purpose of severance is to bridge unemployment.
Chair Harward asked Ms. Suzuki-Okabe, from the governor's point-of-view, whether
there is an element of severance benefits to the contracts? She explained the severance program
and the differences between specific contracts and severance. Ms. Suzuki-Okabe said that her
understanding is, relevant to the contracts, those individuals receiving the consulting contracts
served a legitimate function at the time.
Chair Harward asked what the Legislature can do when a policy is set in regard to
severance to make it clear and concise and not subject to back door use? Ms. Suzuki-Okabe said
the very nature of how one deals with severance and the connotations that are associated with
severance make it a difficult program to administer. Committee discussion followed the
presentation.
6. Committee Business
a. Date of Next Meeting - August 27, September 15, September 30
b. Items for Next Meeting - Committee members were asked to read all of DEQ's definitions and requirements in the August 1 Bulletin for discussion at the next
meeting.
-- Chair Harward - Child Abuse Registry Sept 15 meeting
-- Sen. Stephenson - Calculation of fiscal note costs for rules - (Scheduled for the first meeting in October)
Chair Harward directed staff and the Division of Administrative Rules to work out how
hard copies of the Administrative Code can be stored in division offices or given to other users.
The committee will use the Utah Law on Disc CD Rom and if a change in statute is needed, it
can be done in a cleanup bill.
7. Adjourn
MOTION: Rep. Arrington moved to adjourn the meeting at 12:25 p.m. The motion passed unanimously.