Rulemaking Hearing Rule(s) Filing Form

Transcription

1 Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN Phone: For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: og--~-<g II /~t,,/jg Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann ). Pursuant to Tenn. Code Ann , any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to (a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with (b). Agency/Board/Commission: Division: Contact Person: Address: Zip: Phone: Tennessee Emergency Communications Board Department of Commerce and Insurance Benjamin Glover 500 James Robertson Parkway, 11 th Floor, Nashville, TN Benjamin.Glover@tn.gov Revision Type (check all that apply): Amendment X New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Rule Number Chapter Title Board Meetings Rule Title p urpose Definitions Special Distributions SS-7039 (November 2017) RDA11693

2 Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s). Statutory authority must be given for each rule change. For information on formatting rules go to September2016.pdf. New Rules [Board Meetings] is added as a new chapter, with the following language as new rules and shall read as follows: Rules Of Department Of Commerce And Insurance Emergency Communications Board Chapter Board Meetings Table of Contents Purpose Definitions Special Distributions Rule Purpose. The purpose of this chapter is to set forth the specific board meeting procedures to ensure transparency of board actions regarding special distributions of board funds. Authority: T.C.A , , and (a)(1). Rule Definitions. (1) In this chapter, unless the context requires otherwise, the definitions in Tenn. Code Ann shall apply. (2) Unless otherwise stated, as used in this chapter and each subsequent chapter of the Rules of the Emergency Communications Board, "special distribution" means a one-time, non-recurring distribution of funds authorized by the board and made to all districts that is not a base amount distribution, an excess distribution, or a reimbursement for expenditures or payment of obligations incurred to implement, operate, maintain, or enhance statewide wireless enhanced 911 service. Authority: T.C.A , , , and (a)(1). Rule Special Distributions. (1) The board may authorize special distributions to all ECDs from the 911 Emergency Communications Fund. (2) Any such special distributions authorized by the board, regardless of the total dollar amount, shall be allocated to the ECDs in the same manner as base amount distribution pursuant to Tenn. Code Ann (e) in that each district shall receive a proportionate share of the authorized special distribution in an amount equal to the district's proportionate share of the annual base amount distribution. For example, if a district receives 1 % of the total base funding, that district shall receive 1 % of the special distribution. SS-7039 (November 2017) RDA21693

3 (3) The board shall provide public notice indicating the board's intent to authorize a special distribution. The public notice shall: (a) Be provided to all ECDs and published on the board's website no less than thirty (30) days prior to the next scheduled meeting of the board; and (b) Contain an appended table, for reference, containing the distributions each ECO would receive under three (3) different total amounts of special distributions. Authority: T.C.A , , , , and (a)(1). SS-7039 (November 2017) RDA31693

4 " If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: Board Member Aye No Abstain Absent Signature (if required) Greq Cothron X Jennifer Estes X Hon. Jill Holland X Mike Hooks X Marvin Kelley X Bob McNeil! X Phillip Noel X James Sneed X I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Tennessee Emergency Communications Board (board/commission/ other authority) on 11/01/2017 (mm/dd/yyyy), and is in compliance with the provisions of T.CA I further certify the following: Notice of Rulemaking Hearing filed with the Department of State on : 04/12/18 Rulemaking Hearing(s) Conducted on: (add more dates). 06/07/18 Date: Signature: Name of Officer: Subscribed and sworn to before me on: Notary Public Signature: My commission expires on: _/Vl,,~,--+--~"-- -+t _'2J -=-0-"(_'1' Agency/Board/Commission: Tennessee Emergency Communications Board Rule Chapter Number(s): , , All rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Department of State Use Only Herbert Attorney General and g/,1/,,1jti T' Ill Date SS-7039 (November 2017) RDA41693

5 Filed with the Department of State on: -ajaa/ 18 Effective on:... l-'-i l /... 2:..- l9'--'/...,_ l 8"' u ~ ~ Tre Hargett Secretary of State Public Hearing Comments One copy of a document that satisfies T.C.A must accompany the filing. A copy of the hearing transcript accompanies this filing. There were no writing comments submitted or oral comments made with regard to this filing. '--~., -; ::0,-.:...:.--1 j -~,(. ) -(/) j)~ ::..'"i rn co SS-7039 (November 2017) RDA51693

6 Regulatory Flexibility Addendum Pursuant to T.C.A through , prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. 1. The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule: The proposed rules are not expected to affect any small businesses. 2. The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record: The rules do not impose any new requirements for reporting or recordkeeping for any emergency communications districts. 3. A statement of the probable effect on impacted small businesses and consumers: Consumers and small businesses will likely benefit from the clarification of these rules which will increase transparency regarding special distributions of board funds to emergency communications districts. 4. A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business: The proposed rules are not burdensome or intrusive to small businesses. There are no known less intrusive or less costly alternative methods. Rather, the rules seek to allow increased transparency of Board actions. 5. A comparison of the proposed rule with any federal or state counterparts: There are no federal or state counterparts to the issues addressed by these rules. 6. Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule: The rules do not impose any new requirements on small businesses. SS-7039 (November 2017) RDA61693

7 Impact on Local Governments Pursuant to T.C.A and "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 ( tnsosfiles"com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly) The proposed rules are not expected to have any impact on local governments. SS-7039 (November 2017) RDA71693

8 Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A (i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; I These rules set forth the procedures for board actions authorizing special distributions of board funds. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; There are no federal laws or regulations mandating any of these rules. T.C.A (a)(1) authorizes the board to romul ate rules and re ulations for the conduct of the affairs of the board. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; Erner enc communications districts are most directl affected b this rule. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; I There are no known attorney general opinions or judicial rulings which directly relate to this rule. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; There is no indication that there will be any increase or decrease in state and local government revenues and expenditures as a result of the promulgation of this rule. If there is any increase or decrease, such change will be less than two percent (2%) of the agency's annual budget. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; I Benjamin Glover, Assistant Director & General Counsel - Tennessee Emergency Communications Board (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; I Benjamin Glover. Assistant Director & General Counsel - Tennessee Emergency Communications Board (H) Office address, telephone number, and address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Benjamin Glover Assistant Director & General Counsel Tennessee Emergency Communications Board 500 James Robertson Parkway, 11 th Floor Nashville, TN beniamin.alover tn.qov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. SS-7039 (November 2017) RDA81693

9 I There is no additional information relevant to the rule requested. SS-7039 (November 2017) RDA91693

10 1 2 STATE OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE EMERGENCY COMMUNICATIONS BOARD June 7, 2018 RULEMAKING HEARING Ad Litem Reporting 117 Arrowhead Drive Hendersonville, Tennessee (615) dl stacy@bellsouth.net Reported by: Denise Stacy, LCR Ad Litem Reporting (615) Page 1

11 1 APPEARANCES : 2 For the Emergency Communications Board: 3 Benjamin Paul Glover 4 General Counsel Emergency Communications Board 5 Davy Crockett Tower 500 James Robertson Parkway 6 Nashville, Tennessee Agency Representative: 8 Curtis S. Sutton 9 Board Executive Director Davy Crockett Tower James Robertson Parkway Nashville, Tennessee Ad Litem Reporting (615) Page 2

12 1 MR. GLOVER: This rulemaking hearing 2 is called to order. My name is Benjamin Paul Glover, 3 and I serve as the Assistant Director and General 4 Counsel for the Emergency Communications Board in the 5 Department of Commerce and Insurance. 6 Would the agency representatives who 7 are present introduce themselves for the record? 8 MR. SUTTON: I'm Curtis Sutton the 9 Executive Director of the Tennessee Emergency 10 Communications Board. 11 MR. GLOVER: Thank you. 12 Today is Thursday, June 7th, This rulemaking hearing is taking place pursuant to 14 Tennessee Code Annotated Section in Room 1-A 15 of the Davy Crockett Tower, 500 James Robertson 16 Parkway, Nashville, Tennessee. 17 The purpose of this rulemaking 18 hearing is to solicit comments of proposed rules the 19 Tennessee Emergency Communications Board has made 20 public in order to set forth the specific board meeting 2 1 procedures to ensure transparency of board actions 22 regarding special distributions of b o ard funds. 23 A rule is defined as an agency 24 statement of general applicability that implements or 25 prescribes law or policy or describes the procedures Ad Litem Reporting (615) Page 3

13 1 or practice requirements of the agency. 2 Proposed rules are filed at the 3 Office of the Secretary of State, notice is given to 4 the public for comment, and a rulemaking hearing is 5 held. 6 Upon conclusion of the hearing and 7 the adoption of the proposed rules, the rules are 8 forwarded to the Attorney General's Office for review 9 of legality. If approved, they are filed with the 10 Secretary of State, which is responsible for 11 publication, and the Government Operations Committee 12 of the General Assembly. 13 The rules must stay in the Secretary 14 of State's office for 90 days, and at the end of which 15 time would be the effective date. 16 Those members of the public wishing 17 to speak should sign up at the table at the front of 18 the room. Only those who have signed up will be 19 permitted to speak. 20 The Notice of Rulemaking Hearing 21 included the entire text of the proposed rules and was 22 published on the Tennessee Administrative Register 23 Web site on April 12th, Additional notice was 24 given to the affected individuals or groups on May 8th 25 and May 24th, Ad Litem Reporting (615) Page 4

14 1 As the agency hears public comment on 2 the proposed rules, I, as moderator, reserve the right 3 to limit such comments if they become repetitive. 4 Please limit your comments accordingly. 5 I'll read summaries of the proposed 6 rules into the record, and I will ask the court 7 reporter to enter the Notice or Rulemaking Form SS into the record as an exhibit (Exhibit 1, Notice of Rulemaking Hearing, entered into the record.) MR. GLOVER: Rule , 12 Purpose, is going to be created to state the function 13 of the new chapter or rules that is to provide greater 14 public comment at board meetings and more transparency 15 regarding special distributions of board funds. 16 And, actually, that's an error. It's 17 not "greater public comment''; it's just greater 18 transparency regarding special distributions of board 19 funds. 20 Rule , Definitions, is 21 going to be created to provide definitions for the term 22 "special distribution'' as used in this chapter of the 23 rules. 24 And the last rule, , 25 Special Distributions, is created to set forth the Ad Litem Reporting (615) Page 5

15 1 Board's procedures regarding special distributions of 2 board funds to the districts. 3 Are there any public comments? 4 (Pause) 5 MR. GLOVER: No one has signed up on 6 the public comment sheet. Also, there were no written 7 public comments submitted by the date of this hearing. 8 Therefore, I don't see any reason to continue this 9 hearing going on. So we will conclude this hearing 10 today. 11 Thank you-all for being here. 12 (End of the rulemaking hearing.) Ad Litem Reporting (615) Page 6

16 1 REPORTER'S CERTIFICATE 2 STATE OF TENNESSEE 3 COUNTY OF SUMNER I, Denise Stacy, licensed court reporter in the state of Tennessee, DO HEREBY CERTIFY that the foregoing transcript of the proceedings was taken on the date and place set forth in the caption thereof; that the proceedings were reported by me in machine shorthand; and the foregoing proceedings constitute a true and correct transcript of said proceedings to the best of my skills and ability. I FURTHER CERTIFY that I am not related to any of the parties named herein, nor their counsel, and have no interest, financial or otherwise, in the outcome of these proceedings. Signed the 9th day of July, Denise Stacy, LCR #308 Licensed Court Reporter State of Tennessee 23 My License Expires: June 30, Ad Litem Reporting (615) Page 7

17 Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN Phone: publ For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: Rulemaking Hearing Rule(s) Filing Form REDLINE Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann ). Pursuant to Tenn. Code Ann , any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to (a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with (b). Agency/Board/Commission: Division: Contact Person: Address: Zip: Phone: Tennessee Emergency Communications Board Department of Commerce and Insurance Benjamin Glover 500 James Robertson Parkway, 11 th Floor, Nashville, TN Benjamin. Glover@tn.gov Revision Type (check all that apply): Amendment X New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Ch!_lpter Number Rule Number Chapter Title Board Meetings Rule Title Purpose Definitions Special Distributions SS-7039 (September 2017) RDA11693

18 Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s). Statutory authority must be given for each rule change. For information on formatting rules go to September2016.pdf. New Rules [Board Meetings] is added as a new chapter, with the following language as new rules and shall read as follows: Rules Of Department Of Commerce And Insurance Emergency Communications Board Chapter Board Meetings Table of Contents Purpose Definitions Special Distributions Rule Purpose. The pu rpose of thjs chapter is to set forth the specific board meeting procedures to ensure transparency of board actions regarding special distributions of board funds. Authority: T.C.A , , and (a}(1 }. Rule Definitions. (1) (2) In this chapter, unless the context requires otherwise, the definitions in Tenn. Code Ann shall applv. Unless otherwise stated, as used in this chapter and each subsequent chapter of the Rules of the Emergency Communications Board, "special dfshibution" means a one-time. non-recurring distribution of funds authorized by the board and made to all districts that is not a base amount distribution, an excess distribution. or a reimbursement for expenditures or payment of obligatiohs incurred to implement. operate, maintain, or enhance statewide wireless enhanced 911 service. Auth ority: T.C.A , , , and (al(1}. Rule Special Distrlbutrons. {1) (2) The board may authorize special distributions to all ECDs from u,e 911 Emergency Communications Fund. Any such special distributions authorized by the board, regard less of the total dollar amount, shall be allocated to the ECDs in the same manner as base amount distribution pursuant to Tenn. Code Ann (el In that each district shall receive a proportionate share of the authorized special distribution In an amount equal to the district's proportionate share of the annual base amount distribution. For example, if a district receives 1 % of the total base funding, that district shall receive 1 % of the special distribution. SS-7039 (September 2017) RDA21693

19 (3) The board shall provide public notice indicating the board's intent to authorize a special distribution. The public notice shall: (a) Be provided to au ECDs and published on the board's website no less than thirty (30) days prior to the next scheduled meeting of lhe board; and (b) Contain an appended table, for reference, containing the distributions each ECO would receive under th ree (3) different total amounts of special distributions. Authority: T.C.A , , , , and (a)(1). SS-7039 (September 2017) RDA31693

20 * If a roll-call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows: Board Member Aye No Abstain Absent Signature (if required) Greg Cothron X Jennifer Estes X Hon. Jill Holland X Mike Hooks X Marvin Kelley X Bob McNeil! X Phillip Noel X James Sneed X I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the Tennessee Emergency Communications Board (board/commission/ other authority) on_ (11/01/2017), and is in compliance with the provisions of T.C.A I further certify the following: Notice of Rulemaking Hearing filed with the Department of State on: 04/12/18 Rulemaking Hearing(s) Conducted on: (add more dates) /18 Date: Signature: Name of Officer: Title of Officer: Benjamin Paul Glover Assistant Director & General Counsel, TECB Subscribed and sworn to before me on : Notary Public Signature: My commission expires on: Agency/Board/Commission: Tennessee Emergency Communications Board Rule Chapter Number(s): , , All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Herbert H. Slatery Ill Attorney General and Reporter Department of State Use Only Date SS-7039 (September 2017) RDA41693

21 Filed with the Department of State on: Effective on: Tre Hargett Secretary of State Public Hearing Comments One copy of a document that satisfies T.C.A must accompany the filing. SS-7039 (September 2017) RDA51693

22 Regulatory Flexibility Addendum Pursuant to T.C.A through , prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. 1. The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule: The proposed rules are not expected to affect any small businesses. 2. The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record: The rules do not impose any new requirements for reporting or recordkeeping for any emergency communications districts. 3. A statement of the probable effect on impacted small businesses and consumers: Consumers and small businesses will likely benefit from the clarification of these rules which will increase transparency regarding special distributions of board funds to emergency communications districts. 4. A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business: The proposed rules are not burdensome or intrusive to small businesses. There are no known less intrusive or less costly alternative methods. Rather, the rules seek to allow increased transparency of Board actions. 5. A comparison of the proposed rule with any federal or state counterparts: There are no federal or state counterparts to the issues addressed by these rules. 6. Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule: The rules do not impose any new requirements on small businesses. Impact on Local Governments SS-7039 (September 2017) RDA61693

23 Pursuant to T.C.A and "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 ( pdf) of the 2010 Session of the General Assembly) The proposed rules are not expected to have any impact on local governments. SS-7039 (September 2017) RDA71693

24 Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A (i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; I These rules set forth the procedures for board actions authorizing special distributions of board funds. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; There are no federal laws or regulations mandating any of these rules. T.C.A (a)(1) authorizes the board to romul ate rules and re ulations for the conduct of the affairs of the board. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; I Emergency communications districts are most directly affected by this rule. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; I There are no known attorney general opinions or judicial rulings which directly relate to this rule. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; There is no indication that there will be any increase or decrease in state and local government revenues and expenditures as a result of the promulgation of this rule. If there is any increase or decrease, such change will be less than two percent (2%) of the aqency's annual budqet. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; I Benjamin Glover, Assistant Director & General Counsel - Tennessee Emergency Communications Board (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; I Benjamin Glover, General Counsel - Tennessee Emergency Communications Board (H) Office address, telephone number, and address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Benjamin Glover Assistant Director & General Counsel Tennessee Emergency Communications Board 500 James Robertson Parkway, 11 th Floor Nashville, TN beniamin.aloverln)tn.aov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. SS-7039 (September 2017) RDA81693

25 I There is no additional information relevant to the rule requested. SS-7039 (September 2017) RDA91693