JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JANUARY 15, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Taylor*, and Kidder*, and Senators Fuller Clark, Cilley, Letourneau, and Carson.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting. 

 

1.  The meeting was convened at 9:05 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Taylor, and Kidder, and Sen. Carson.

 

     Rep. Pilotte appointed Rep. Kidder and Rep. Taylor as alternates, respectively, for Sen. Letourneau and Rep. Gottling, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on January 8, 2010.

 

     The Committee also discussed the mailing of minutes and sign-up sheets to Committee members.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Kidder seconded.

 

     Adopted. 

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2009-168

GOVERNING BOARD OF PHYSICAL THERAPISTS

Re-taking the National Physical Therapy Examination; The Board's Processing of Requests; Materials to Accompany License Application Form; Supporting Materials

 

 

FP 2009-190

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

24-Month Food Stamp Certification Period for Elderly or Disabled Food Stamp Households

 

 

FP 2009-192

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Update to Rules on License Applications, Qualifications, Examinations, Renewals, Inspections, Operational Requirements, and Expiration

 

 

FP 2009-196

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants

 

 

FP 2009-197

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Durable Medical Equipment - Disposable Incontinence Supplies

 

     Rep. Schmidt moved that the final proposals be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another Committee meeting.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the continued Committee meeting on February 5, 2010:

 

    

12. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

13.   Response to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet Received by

Committee Staff:

 

 

(a)  OR 2009-116

INSURANCE DEPARTMENT

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline March 10, 2010.)

 

 

14.   Remaining Responses to Preliminary Objections Made in December 17, 2009 Meeting But Not Yet

Received by Committee Staff:

 

 

(a)  OR 2009-166

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Walk-In Care Centers

(JLCAR Deadline March 23, 2010.)

 

 

 

     Rep. Taylor seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2009-97 from the Insurance Department (Practices and Procedures).  Chiara Dolcino testified for the Department.

 

     Sen. Letourneau, Sen. Cilley, and Rep. Gottling arrived during the discussion of this item.

 

     Rep. Pilotte appointed Rep. Kidder as a alternate for Sen. Fuller Clark, and Rep. Taylor as an alternate for Sen. Merrill, who were absent.

 

     Attorney Dolcino orally requested a conditional approval of Final Proposal 2009-97 in order to delete Ins 203.01(d) and change the word “may” to “shall” in Ins 204.15(b).

 

     Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-97 based on the request.

 

     Rep. Schmidt seconded.

 

     Adopted. 

 

6.  The Committee discussed Final Proposal 2009-110 from the Insurance Department (Life Insurance Solicitations).  Michael Wilkey and Deborah O’Loughlin testified for the Department.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2009-110 on the grounds that: (1) Ins 301.06(l) be deleted, (2) the words “Appendix 1” in Ins 301.05(a) be changed to “Ins 301.08”, and (3) “Appendix I” containing the “Buyer’s Guide” be numbered as Ins 301.08, and the lines highlighted by Committee staff be numbered as paragraphs (a), (b), and (c), to be followed by the verbatim text required in the Buyer’s Guide.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

7.  The Committee briefly discussed Proposed Interim Rule INT 2009-25 from the Department of Health and Human Services (Division of Elderly and Adult Services, Home and Community-Based Care for the Elderly and Chronically Ill (HCBC-ECI), Homemaker and Personal Care Services).

 

     The Department had withdrawn the proposed interim rule.

 

     It was the consensus of the Committee to take no further action.

 

8.  The Committee discussed Final Proposal 2009-170 from the Postsecondary Education Commission (Tuition Repayment for CART Providers and Sign Language Interpreters).  Judith Knapp testified for the Commission.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2009-170.

 

     Sen. Carson seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2009-171 from the Postsecondary Education Commission (Tuition Repayment for Large Animal Veterinarians).  Judith Knapp testified for the Commission.

 

     Sen. Carson moved that the Committee approve Final Proposal 2009-171.

 

     Rep. Patten seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2009-172 from the Postsecondary Education Commission (Room and Board Scholarship for Orphans of Police and Firefighters).  Judith Knapp testified for the Commission.

 

      Sen. Carson moved that the Committee approve Final Proposal 2009-172.

 

      Rep. Patten seconded.

 

      Adopted.

 

11.  The Committee discussed adjustments to the Consent Agenda for future meetings.

 

      Rep. Patten moved that the Consent Agenda include items, such as Final Proposals 2009-171 and 2009-172, if (1) there is no other staff comment than a potentially inadequate fiscal impact statement, (2) the potential inadequacy was due to a decision by the Legislative Budget Assistant (LBA) not to include information provided by the agency because the LBA does not normally include it. 

 

      Rep. Schmidt seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2009-163 from the Fish and Game Department (Fish and Game Rules Relative to Off Highway Recreation Vehicles and Snowmobiles).  Sandra Falicon testified for the Department.

 

      The Department had submitted a conditional request in an amended rule dated January 15, 2010.

 

      Sen. Fuller Clark arrived during the discussion of this item.  Rep. Kidder was therefore not a voting member at this time.

 

      It was the consensus of the Committee to take a break in order for the Department to obtain further information.

 

13.  After the break, with Reps. Pilotte, Patten, Schmidt, Gottling, and Kidder, and Senators Fuller Clark, Letourneau, and Carson present, the Committee resumed discussion of Final Proposal 2009-163.  Sandra Falicon testified for the Department.

 

      Rep. Millham, Rep. Taylor, and Sen. Cilley returned to the meeting during the discussion.  Rep. Kidder was still not a voting member at this time.

 

      Sen. Fuller Clark moved to postpone Final Proposal 2009-163 to the continued Committee meeting on February 5, 2010.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

14.  The Committee discussed the response of the Department of Agriculture, Markets and Food to the Committee’s preliminary objection to Final Proposal 2009-179 (Weights and measures).  Commissioner Lorraine Merrill and Richard Cote testified for the Department.

 

      The following persons also testified:

            Thomas J. Rymes, representing Rymes Heating Oils, Inc.

            Floyd Hayes, representing the Independent Oil Marketers Association of N.H. (IOMA-NH).

            Peter Frassica, representing Gaftek, LLC of Epsom, N.H.

            Rick Demmons, representing Gafteck, LLC of Epsom, N.H.

            Rick Belanger, representing Ponderosa Salvage of Epsom, N.H.

            Tim Abbott of Tim’s Calibration Service of Weare, N.H.

 

      Sen. Fuller Clark moved that the Committee approve the rules in the Objection Response.

 

      Rep. Taylor seconded.

 

      A roll call vote was called.  The vote was as follows:

 

           

 

Yes

No

Rep. Schmidt

X

 

Rep. Patten

 

X

Rep. Gottling

X

 

Rep. Millham

 

X

Rep. Taylor

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Cilley

X

 

Sen. Fuller Clark

X

 

Sen. Letourneau

 

X

Sen. Carson

 

X

 

 

 

Total

6

4

 

      The vote was 6 “yes” and 4 “no”.  The motion was adopted.

 

15.  Rep. Taylor moved that the Committee recess.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      The Committee recessed at 12:50 p.m., effectively postponing consideration of the following item to the continued Committee meeting on February 5:

 

 

 

OTHER BUSINESS

 

15. Other