JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

CONTINUED MEETING

TENTATIVE AGENDA

 

 

JANUARY 5, 2007 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Martha Fuller Clark, Vice-Chair

Maurice L. Pilotte, Chair

Jacalyn L. Cilley

Peter B. Schmidt

Betsi DeVries

Bonnie G. Mitchell

Robert J. Letourneau

Betsey L. Patten

Michael Downing

James R. MacKay

Iris W. Estabrook (Alt.)

John DeJoie (Alt.)

Kathleen G. Sgambati (Alt.)

Sharon M. Carson (Alt.)

Peter Hoe Burling (Alt.)

Alida I. Millham (Alt.)

Joseph D. Kenney (Alt.)

James F. Powers (Alt.)

Peter E. Bragdon (Alt.)

Kimberley S. Casey (Alt.)

 

 

 

The numbers on the agenda items after Item #4 are continued from the agenda of December 21, 2006.

 

The times and order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

 

 

1. 9:00 am Convene and Review Minutes

15. 10:30 am Disc. on ER He-E, FP's 2006-134

 

He-W & 140 He-P

Consent Agenda

16. 11:45 am FP's 2006-86, 87 & 154 Pari

2. 9:05 am Objection Responses

17. 1:00 pm LUNCH BREAK

3. 9:10 am Preliminary Objections

18. 2:00 pm FP 2006-124 Agr

 

19. 2:15 pm FP's 2006-119 & 121 Fis

Regular Agenda

20. 3:00 pm INT 2006-42 Puc

4. 9:15 am Postpone Items

 

11. 9:20 am INT's 2006-45 & 46 Emp

Other Business

12. 9:40 am FP 2006-139 Lab

22. 3:15 pm Other

13. 10:00 am INT 2006-41 Lan

 

14. 10:10 am Disc. on FP 2006-150 Med

 

 

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER Emergency Rule

INT Interim Rule


 

1. Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

CONSENT AGENDA

 

2. Committee Acceptance of Agency Responses to Objections:

 

 

(a) OR 2006-122

Accepted/Approved

FISH AND GAME DEPARTMENT

State Managed Lands Rules Including Connecticut Lakes National Area

(JLCAR Deadline February 21, 2007.)

(Formerly Item #21(a) on 12-21-06 agenda.)

 

 

3. Committee Issuance of Preliminary or Revised Objections to Final Proposals:

(a) FP 2006-123

Objection

 

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Livestock Events

(JLCAR Deadline January 11, 2007. Former regular rules expired
August 21, 2006.)

(Formerly Item #18(a) on 12-21-06 agenda.)

REGULAR AGENDA

 

 

4. Consider postponing action on certain items to another meeting.

 

11. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a) INT 2006-45

Approval

Reimbursing Employers

(JLCAR Deadline March 8, 2007. Most of HB 1588 effective January 1, 2007.)

 

 

(b) INT 2006-46

Approval

Charging for Benefits in Cases of Two or More Concurrent Employers

 

(JLCAR Deadline March 8, 2007. Most of HB 1588 effective January 1, 2007.)

 

 

12. FP 2006-139

Approval

DEPARTMENT OF LABOR

Safety and Health of Employees

(JLCAR Deadline January 5, 2007. Former interim rules expired October 9, 2006.)

 

 

13. INT 2006-41

Approval

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Re-examinations, Fees, Disciplinary Matters

(JLCAR Deadline February 20, 2007. Existing regular rules will expire January 12, 2007.)

 

 

14. Discussion of the following Final Proposal:

 

FP 2006-150

Objection

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline January 25, 2007. Existing interim rules expired December 13, 2006.)

NOTE: This is a late-filed rule. To be placed on the agenda and subject to JLCAR vote, the 14-day filing deadline under RSA 541-A:12, I must be waived by the Director of OLS after consultation with the Chair and Vice-Chair of JLCAR..

 

15. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(b) Discussion on the following emergency rule effective December 1, 2006:

 

Document #8769

No Further Action

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement Amendments

He-E 806.31

(No JLCAR Deadline. Emergency rule will expire May 30, 2007. JLCAR may only petition for repeal, if appropriate, pursuant to RSA 541-A:18, IV.)

 

(c) FP 2006-134

Objection

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline January 19, 2007. Former regular rules expired December 29, 2003.)

 

(d) FP 2006-140

Postponed to 1/18/07
Regular Meeting

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control Activities

(JLCAR Deadline January 22, 2007. Existing emergency rules will expire January 13, 2007.)

 

16. PARI-MUTUEL COMMISSION

 

 

(a) FP 2006-86

Conditional Approval

Bingo Games

(JLCAR Deadline January 11, 2007.)

 

 

(b) FP 2006-87

Conditional Approval

Lucky 7 Tickets

(JLCAR Deadline January 11, 2007.)

 

 

(c) FP 2006-154

Objection

Games of Chance

(JLCAR Deadline January 15, 2007. Existing interim rules expire January 21, 2007.)

 

 

17. LUNCH BREAK

 

 

 

18. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

FP 2006-124

Approval

Docking Tails of Horses

(JLCAR Deadline January 11, 2007. Former regular rules expired July 1, 2006.)

 

19. FISH AND GAME DEPARTMENT

 

 

(a) FP 2006-119

Postponed to 1/18/07 Regular Meeting

Use of Leashed Dogs for Tracking Big Game Animals

(JLCAR Deadline January 22, 2007.)

 

 

(b) FP 2006-121

Approval

Snowshoe Hare

(JLCAR Deadline January 22, 2007.)

 

 

20. INT 2006-42

Postponed to 1/18/07 Regular Meeting

PUBLIC UTILITIES COMMISSION

N.H. Code for Energy Conservation in New Building Construction

(JLCAR Deadline March 8, 2007. Existing regular rules will expire February 1, 2007.)

 

OTHER BUSINESS

 

22. Other