Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

OCTOBER 19, 2006

 

 

Members Present:   Representatives Patten, Taylor, Allan, Millham, Carson*, Pilotte*, Mitchell*, and MacKay*.  (*)  Indicates alternate members.

 

(**)  Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting.  (See Item #11.  However, that item was approved.)

 

1.  The meeting was begun at 9:00 a.m. by Rep. Patten as Vice-Chair.

 

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

 

     Rep. Millham left the meeting at this time, and the meeting was not formally convened because a quorum was not present.

 

     The Committee discussed the next item.

 

2.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2006-92 (Former Division of Public Health Services, Assisted Living Residence – Supported Residential Health Care).  John Martin and Michele Beasley initially testified for the agency.

 

     The following members of the public testified:

 

            Karen Crowe, representing the Scott-Farrar Home of Peterborough and the

N.H. Association of Residential Care Homes (N.H. - ARCH).

            Kathleen Otte, representing Granite Ledges of Concord.

            Alex Amann, representing the Inn at Parker Station of Goffstown, N.H.

            Cynthia Goudreault, representing Rose Haven Assisted Living of Merrimack, N.H.

 

     During the course of public testimony, Rep. Allan and Rep. Mitchell arrived, thereby establishing a quorum.

 

     The Committee therefore moved to the next item.

 

3.  With the meeting now convened, Rep. Patten appointed Reps. Carson, Pilotte, MacKay, and Mitchell as alternates, respectively, for Sen. Letourneau, Rep. Wall, Sen. Flanders, and Sen. Estabrook, who were absent.

 

4.  The Committee resumed discussion of the response by the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2006-92 (Former Division of Public Health Services, Assisted Living Residence – Supported Residential Health Care).  John Marten, Michele Beasley, and Theresa Jarvis testified for the agency.

 

     The agency had submitted an amended objection response dated September 29, 2006.

     Rep. Millham returned to the meeting at this time.

 

     Karen Crowe testified again.

 

     Rep. Taylor moved that the Committee approve the rules in the amended objection response with the following changes:  (1) Amend He-P 805.18(r) by replacing “direct contact” with “direct care contact”, and (2) Amend He-P 805.18(s) by inserting the words “who have direct care contact or who prepare and serve food” after “personnel, volunteers and independent contractors.”

 

     Rep. MacKay seconded.

 

     Adopted.

 

5.  The Committee discussed the minutes of the continued Committee meeting on October 5, 2006.

 

     Rep. Taylor moved that the minutes be approved.

 

     Rep. Allan seconded.

 

     Adopted.

 

6.  The Committee discussed the following Final Proposals (Consent Agenda – Final Proposals):

 

FP 2006-54

INSURANCE DEPARTMENT

Ins 3800 Medical Professional Liability Insurance

 

 

FP 2006-64

PEASE DEVELOPMENT AUTHORITY

Definitions

 

 

FP 2006-65

PEASE DEVELOPMENT AUTHORITY

State-Owned Commercial Piers and Associated Facilities

 

 

FP 2006-82

BOARD OF EDUCATION

Statement of Eligibility; Highly Qualified Teachers

 

 

FP 2006-101

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Fee Increase

(JLCAR Deadline October 30, 2006.)

 

 

FP 2006-106

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Drug Use Review Board

 

 

FP 2006-109

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Podiatry Services

 

     Rep. Taylor moved that the Committee approve the Final Proposals.

 

     Rep. Carson seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-93 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Impaired Driver Intervention Program).  Michael Holt, James Shanelaris, and Jonathan Gallo testified for the Department.

 

     The Department had submitted a conditional approval request in a letter and attached rule dated October 18, 2006.

 

     Rep. Carson moved that the Department be allowed to make as editorial changes in the rules the changes in RSA citations, pursuant to RSA 265-A, after RSA 265-A goes into effect January 1, 2007, in order to reflect the Committee’s intent that the rules should not expire on January 1, 2007, and that the Director of the Office of Legislative Services be advised.

 

     Rep. Millham seconded.

 

     Adopted.

 

     Rep. Taylor moved that the Committee conditionally approve Final Proposal 2006-93 as requested by the agency.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2006-102 from the Department of Health and Human Services (Former Division of Human Services, Adult Program Verification Requirements for Educational Income).  Dawn Landry testified for the Department.

 

     Rep. Taylor moved that the Committee approve Final Proposal 2006-102.

 

     Rep. Carson seconded.

 

     Adopted.

 

9.  After a break, with Reps. Patten, Allan, Taylor, Carson, Mitchell, Millham, and Pilotte present, the Committee discussed Proposed Interim Rule INT 2006-39 from the Department of Safety (Interim Modular Building Rules).  Marta Modigliani testified for the agency.

 

     Rep. Carson moved that the Committee approve Proposed Interim Rule INT 2006-39.

 

     Rep. MacKay seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2006-88 from the Department of Environmental Services (Drinking Water Programs, Groundwater Reclassification Rules).  Gretchen Hamel testified for the agency.

 

      Rep. Taylor moved that the Committee approve Final Proposal 2006-88.

 

      Rep. Allan seconded.

 

      Adopted.

 

**11  The Committee discussed Final Proposal 2006-94 from the Department of Environmental Services (Cross-Program Rules, Administrative Fine Procedures).  Gretchen Hamel testified for the agency.

 

         Rep. Allan moved that the Committee approve Final Proposal 2006-94.

 

         Rep. Taylor seconded.

 

         Adopted.

 

12.  The Committee discussed Proposed Interim Rule INT 2006-38 from the Fish and Game Department (Rules on the Importation, Possession, and Use of Wildlife).  Sandra Falicon testified for the agency. 

 

      Rep. Carson moved that the Committee approve Proposed Interim Rule INT 2006-38.

 

      Rep. Taylor seconded.

 

      Adopted.

 

13.  The Committee discussed the response of the Postsecondary Education Commission in the Committee’s preliminary objection to Final Proposal 2005-213 (Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning).  Kathryn Dodge testified for the agency.

 

      Paul Rogers, representing Magdalen College, also testified.

 

      Rep. Carson moved that the Committee accept the response and approve the rules.

 

      Rep. MacKay seconded.

 

      Adopted.

 

14.  The Committee discussed the description of forms in rules pursuant to the repeal of RSA 541-A:16, I(b)(1) by Chapter 145:11 of the Laws of 2006 (HB 1351).

 

      Rep. Millham moved (1) that the Committee have staff no longer present, as a potential basis for objection, the issue of whether forms should be described in rules and (2) that the description of forms not be scrutinized by the Committee but be regarded as discretionary by an agency unless the agency’s own statute requires it.

 

      Rep. Carson seconded.

 

      Adopted.

 

15.  Rep. Taylor moved that the Committee adjourn.

 

      Rep. Carson seconded.

 

      Adopted.

 

      The Committee adjourned at 11:45 a.m., effectively postponing consideration of the following items to the next Committee meeting on November 16, 2006:

 

11.   PEASE DEVELOPMENT AUTHORITY

 

 

(a)  FP 2006-66

Slip Permits; State-Owned Residential Piers

(JLCAR Deadline November 20, 2006.)

 

 

(b)  FP 2006-77

Moorings and Anchorages

(JLCAR Deadline November 20, 2006.)

 

 

12.    LUNCH BREAK

 

 

OTHER BUSINESS

 

13.    Other