REGULAR MEETING

TENTATIVE AGENDA

OCTOBER 16, 2003 9:00 a.m.

ROOMS 306/308 - LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR

House Members of JLCAR

Clifton C. Below, Vice-Chair

Betsey L. Patten, Chair

Iris W. Estabrook

Michael O'Neil

Robert Flanders

Robert S. Mercer

Theodore Gatsas

Kathleen Taylor

Sylvia B. Larsen

Janet G. Wall

Lou D'Allesandro (Alt.)

MaryAnn N. Blanchard (Alt.)

Robert K. Boyce (Alt.)

Lawrence A. Emerton, Sr. (Alt.)

Burton J. Cohen (Alt.)

Dennis H. Fields (Alt.)

Andre Martel (Alt.)

Dennis P. Vachon (Alt.)

Jane E. O'Hearn (Alt.)

Nelson S. Allan (Alt.)

This meeting is a continuation of the meeting on October 16. 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

11. 12:30 pm LUNCH BREAK

Consent Agenda

12. 1:30 pm FP 2003-110 & 126 He-W

2. 9:05 am Final Proposals

13. 3:00 pm INT 2003-112 Saf-C

3. 9:10 am Objection Responses

14. 3:15 pm FP 2003-87 Tra

4. 9:15 am Preliminary Objections

15. 4:15 pm FP 2003-92 Abfd

 

16. 4:45 pm OR 2003-84 Ins

Regular Agenda

17. 5:00 pm Disc. on Joint Resolutions Mhp

5. 9:20 am Postpone Items

18. 5:15 pm OR's from 9-18-03 Meeting

6. 9:25 am FP 2003-99 Env-Ws

19. 5:30 pm Disc. on Petition Responses

7. 9:45 am FP's 2003-107 He-W & INT 2003-11 He-C, OR's 2003-19 He-P & 2003-78 He-W

 

8. 10:45 am FP 2003-50 Puc

Other Business

9. 11:45 am FP 2003-116 Sw

20. 5:45 pm Other

10. 12:00 pm FP 2003-132 Elec

 

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 Approval of Final Proposals:

(a) FP 2003-39

HEALTH SERVICES PLANNING AND REVIEW BOARD
Comprehensive Rehabilitation Services
(JLCAR Deadline November 17, 2003)

(b) FP 2003-86

DEPARTMENT OF SAFETY
Readoption of Incident Command System (ICS) Rules
(JLCAR Deadline November 17, 2003)

(c) FP 2003-89

SWEEPSTAKES COMMISSION
Rules of Bingo Games and Lucky 7 Tickets
(JLCAR Deadline October 20,2003)

(d) FP 2003-108

DEPARTMENT OF SAFETY
Various Safe Boater Education Rules
(JLCAR Deadline November 10, 2003)

(e) FP 2003-118

DEPARTMENT OF ENVIRONMENTAL SERVICES
Division of Air Resources
Recordkeeping and Reporting Amendments
(JLCAR Deadline November 17, 2003)

(f) FP 2003-125

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services
Electronic Benefit Transfer (EBT) Adjustments
(JLCAR Deadline November 14, 2003)

(g) FP 2003-127

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services
Asset Transfers
(JLCAR Deadline November 3, 2003)

3. Committee Acceptance of Agency Responses to Objections:

(a) OR 2003-93

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Public Health Services
Radiological Health Rules Relating to Transportation of Radioactive Material
(JLCAR Deadline January 9, 2004)

Note: The following response to a preliminary objection made in the August 21, 2003 Meeting was not received by the deadline of October 6, 2003, and the rulemaking proceeding is over. No further Committee action is necessary. The agency will start a new rulemaking proceeding:

OR 2003-21

UNIVERSITY SYSTEM OF NEW HAMPSHIRE
Classification of Students for Tuition Purposes

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

(a) FP 2003-65

BOARD OF PODIATRY
Rules Governing the Practice of Podiatry
(JLCAR Deadline October 27, 2003)

(b) FP 2003-112

PESTICIDE CONTROL BOARD
Procedural Rules of the Pesticide Control Board
(JLCAR Deadline November 17, 2003)

(c) FP 2003-113

PESTICIDE CONTROL BOARD
Pes 300 Certification, Registration and Licensing Requirements and Pes 400 Continued Status
(JLCAR Deadline November 17, 2003)

REGULAR AGENDA

 

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

6. FP 2003-99

DEPARTMENT OF ENVIRONMENTAL SERVICES
Division of Water
Underground Injection Control Rule
(JLCAR Deadline October 20, 2003)
(Formerly Item 15(c) on 9-18-03 and Item 4(c) on 10-6-03 Agenda)

7. DEPARTMENT OF HEALTH AND HUMAN SERVICES

(a) FP 2003-107

Former Division of Human Services
Food Stamp Mileage Reimbursement and Reporting Requirements
(JLCAR Deadline October 20, 2003)
(Formerly Item 16(b) on 9-18-03 and Item 6(b) on 10-6-03 Agenda)

(b) INT 2003-11

Commissioner
Residential Child Care Ratesetting
(JLCAR Deadline December 4, 2003)
(Formerly Item 16(c) on 9-18-03 and Item 6(c) on 10-6-03 Agenda)

(c) OR 2003-19

Former Division of Public Health Services
Beverage and Bottled Water
(JLCAR Deadline November 25, 2003)
(Formerly Item 8(a) on 10-6-03 Agenda)

(d) OR 2003-78

Former Division of Human Services
NH Title XIX Pharmacy Co-Payments
(JLCAR Deadline November 25, 2003)
(Formerly Item 8(b) on 10-6-03 Agenda)

8. FP 2003-50

PUBLIC UTILITIES COMMISSION
Uniform Rules for Disclosure and Reporting by Competitive Electric Power Suppliers, Electric Utilities and Electric Service Suppliers
(JLCAR Deadline November 3, 2003)

9. FP 2003-116

SWEEPSTAKES COMMISSION
Rules of Bingo Games and Lucky 7 Tickets
(JLCAR Deadline October 20, 2003)

10. FP 2003-132

ELECTRICIANS' BOARD
License Renewal
(JLCAR Deadline November 7, 2003)

11. LUNCH BREAK

 

12. DEPARTMENT OF HEALTH AND HUMAN SERVICES

(a) FP 2003-110

Former Division of Human Services
New Hampshire Employment Program (NHEP) Sanction Revisions
(JLCAR Deadline November 17, 2003)

(b) FP 2003-126

Former Division of Human Services
Personal Property Resources
(JLCAR Deadline November 17, 2003)

13. INT 2003-12

DEPARTMENT OF SAFETY

 

Various Sex Offender/Offender Against Children Registration Under LENS System Interim Rules
(JLCAR Deadline December 31, 2003)

14. FP 2003-87

DEPARTMENT OF TRANSPORTATION
Off Premise Outdoor Advertising
(JLCAR Deadline November 17, 2003)

15.

ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE
Governor's Commission on Disability
Code for Barrier-Free Design
(JLCAR Deadline November 17, 2003)

16. OR 2003-84

INSURANCE DEPARTMENT
Ins 100 Organizational Rules
(JLCAR Deadline December 23, 2003)

17. Discussion on joint resolution relative to ROR 2001-3 and ROR 2001-4 of the Board of Mental Health Practice (Mhp 103.05 on quorum, and select rules of practice and procedure Mhp 201.04, Mhp 205.02(d), Mhp 206.11(a)(1), Mhp 206.15(e), and Mhp 212.01(b)(3)). (Formerly Item 6 on 5-5-03 agenda, Item 14 on 5-19-03 agenda, Item 17 on 6-23-03 agenda, Item 13 on 7-17-03 agenda, Item 17 on 8-21-03 agenda, Item 19 on 9-18-03 agenda, and Item 9 on 10-6-03 agenda).

18. Remaining Responses to Preliminary and Revised Objections Made in September 18, 2003 Meeting But Not Yet Received or Not Yet Reviewed by Committee Staff. (JLCAR Deadline December 23, 2003).

(a) ROR 2003-14 DEPARTMENT OF TRANSPORTATION
Aircraft, Commercial Aviation Operator and Aircraft Dealer Registration

(b) OR 2003-34

BOARD OF MENTAL HEALTH PRACTICE
Mental Health Counselor Course Requirements and Practical Experience and Patient's Bill of Rights

19. Discussion on Response to Petitions

OTHER BUSINESS

20. Other