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Committee advances CLEAR Act after removing contested subpoena language
Summary
Sen. McMahon introduced the CLEAR Act to set up peer review and a state board of health professions; the chair’s amendment deleted peer subpoena enforcement language that prompted a gubernatorial veto last year, and the committee adopted the amendment before advancing the bill.
Senator McMahon described House Bill 925, the CLEAR Act, as a package to create a peer-review process for administrative rules and to codify a state board of health professions. "Section 2... establishing a program for the peer committee to review selected adopted state agency administrative rules and issue any reports to the legislature," he told the committee.
The chair explained an amendment before the committee would delete sections related to peer subpoena enforcement that had concerned the governor and produced a veto in the prior year. "This is the superior subpoena section that gave the governor's office some heartburn, last year and resulted in the bill being vetoed," the chair said, and the amendment would remove lines covering those enforcement provisions while retaining a reverse repealer.
The committee adopted the amendment on a voice vote. Senator John Ford asked whether the board would have subpoena power; McMahon and the chair clarified the revised bill strips subpoena power and that the board would be advisory in nature. A motion to pass the bill as amended was made and the ayes prevailed, reporting the CLEAR Act out of committee.
