JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
NOVEMBER 19, 2009
Members Present: Representatives Pilotte, Schmidt, Millham, Boyce*,
(**)
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 Items #8 and #9. However, these items were approved.)
1. The
meeting was convened at 9:04 a.m. by Rep. Pilotte as Vice-Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Schmidt,
Rep.
Pilotte appointed Reps. Sad, Casey, and Taylor as alternates, respectively, for
Rep. Gottling, Rep. Patten, and Sen. Fuller-Clark, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on October 29, 2009.
Rep.
Millham moved that the minutes be approved.
Rep.
Schmidt seconded.
Adopted.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2009-88 |
BOARD
OF EDUCATION Adult Education (JLCAR Deadline November 30, 2009.) |
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FP 2009-152 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related
Programs NOx Emissions
Reduction Fund for NOx-Emitting Generation Sources (JLCAR Deadline December 21, 2009. Existing rules will expire December 20,
2009.) |
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FP 2009-153 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to the Treatment of Individual Development Accounts (IDA) in All Categories
of Financial and Medical Assistance and the Food Stamp Program When the IDA is Used
for an Unqualified Purchase (JLCAR Deadline December 21, 2009.) |
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FP 2009-154 |
DEPARTMENT OF HEALTH AND HUMAN
SERVICES Commissioner NH
Child Care Program Licensing Rules - Enforcement Action (JLCAR Deadline
December 21, 2009.) |
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FP 2009-158 |
INSURANCE
DEPARTMENT Rules
Applicable to All Forms (JLCAR Deadline December 21, 2009.) |
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FP 2009-159 |
INSURANCE DEPARTMENT Member Identification Card (JLCAR
Deadline December 21, 2009.) |
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FP 2009-160 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Air Related
Programs Regulated
Toxic Air Pollutants (JLCAR Deadline December 21, 2009.) |
Sen. Merrill arrived as the discussion on
this item began.
Rep. Casey moved that the final proposals
be approved.
Rep. Schmidt seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued Committee meeting on
December 3, 2009:
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11. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-131 |
Former
Division of Public Health Services Massage
Therapy (JLCAR Deadline December 21, 2009.) |
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(b) FP 2009-132 |
Former
Division of Public Health Services Electrology (JLCAR Deadline December 21, 2009.) |
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(c) OR 2009-95 |
Commissioner Allocation and
Distribution of Incentive Fund Grants (JLCAR Deadline January 5, 2010.) (Objection
response not yet received by Committee staff.) |
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12. OR
2009-96 |
DEPARTMENT OF SAFETY Board of Electricians Practice and
Procedural Rules and Bureau of Electrical Safety and Licensing Rules (JLCAR
Deadline December 22, 2009.) |
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OTHER BUSINESS |
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13. Other |
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Sen. Merrill seconded.
Adopted.
5. The Committee discussed the following final
proposals from the Board of Mental Health Practice:
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FP 2008-164 |
Mental Health Practice Organizational Rules |
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FP 2008-165 |
Practice and Procedure Rules |
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FP 2008-166 |
Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees |
Dr. Michael Phillips briefly testified.
Rep. Pilotte indicated that the Committee
would act on each proposal separately, and so the Committee then discussed
Final Proposal 2008-164 (Mental Health Practice Organizational Rules).
Rep. Boyce arrived at the meeting at this
time. Rep. Pilotte appointed Rep. Boyce
as an alternate for Sen. Letourneau, who was absent.
Robert Desmarais testified.
Sen. Cilley arrived during the discussion
of this item.
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-164.
Rep. Casey seconded.
Adopted.
6. The Committee discussed Final Proposal
2008-165 from the Board of Mental Health Practice (Practice and Procedure Rules). Board Chair Tom Boulter, Julie Introcaso, the
former Board Chair, and Joan Staigers Haley, Board member, testified for the
Board.
The following persons also testified:
Dr. Michael Phillips, representing
the N.H. Psychological Association, who also submitted written testimony.
David Wolowitz, of the McLane Law
Firm of
Dr. Steven Atkins, representing the
N.H. Psychological Association.
Sen. Carson arrived in the meeting during
the discussion of this item.
Sen. Cilley moved that the Committee make a
preliminary objection to Final Proposal 2008-165 on the grounds as outlined in
the annotations to the Final Proposal by Committee staff, in public testimony
and that Mhp 201.02(k), Mhp 204.02(a), and Mhp 204.03(a) are contrary to the
public interest by being unclear and not capable of uniform application, and
that the Final Proposal was contrary to the public interest by the Board not
considering fully all public comment.
Rep. Schmidt seconded.
After further discussion, the motion and
second were suspended (that is, withdrawn).
After further testimony from the Board,
Sen. Cilley restated the motion but without the ground that the Final Proposal
was contrary to the public interest by the Board not considering fully all
public comment.
Rep. Schmidt seconded.
Adopted.
7. After a break, with Reps. Pilotte, Millham,
Casey, Boyce, and Sad, and Sens. Cilley, Merrill, and
Rep. Boyce moved that the Committee
postpone action on the following items to the continued Committee meeting on
December 3, 2009:
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8. INSURANCE
DEPARTMENT |
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(a) FP 2009-112 |
Credit
Insurance (JLCAR Deadline December 3, 2009.) |
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(b) FP 2009-116 |
New Hampshire
Long-Term Care Partnership Program (JLCAR Deadline December 3, 2009.) |
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(c) FP 2009-85 |
Insurance
Scores (JLCAR Deadline December 7, 2009.) |
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9. PUBLIC
UTILITIES COMMISSION |
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(a) FP 2009-162 |
Greenhouse Gas
Emissions Reduction Fund (JLCAR Deadline December 21, 2009.) |
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Rep. Casey seconded.
Adopted.
**8. The Committee discussed Final Proposal 2009-149
from the Department of Environmental Services (Division of Water, Lead and
Copper Amendments). Gretchen Hamel
testified for the Department.
Sen. Cilley moved that the Committee
approve Final Proposal 2009-149.
Sen. Carson seconded.
Adopted.
**9. The Committee discussed Final Proposal 2009-155
from the Department of Environmental Services (Drinking Water Programs,
Groundwater Monitoring and Treatment).
Gretchen Hamel testified for the Department.
Sen. Cilley moved that the Committee
approve Final Proposal 2009-155.
Rep. Millham seconded.
Adopted.
10. The Committee discussed Final Proposal
2008-166 from the Board of Mental Health Practice (Licensing Requirements,
Ethical and Professional Standards, Investigating Allegations, Disciplinary
Sanctions, Continuing Education Requirements for Licensees). Tom Boulter, Board Chair, Joan Staigers
Haley, Board member, Julie Introcaso, former Board Chair, and Peggy Lynch
testified for the Board.
Rep. Taylor and Rep. Schmidt returned to
the meeting during the discussion of this item.
The following persons also testified:
Dr. Michael Phillips, representing
the N.H. Psychological Association, who also submitted written testimony.
David Wolowitz, of the McLane Law
Firm,
Dr. Sandy Rose
Anne Edwards, representing the N.H.
Department of Justice, also testified for the Board.
Robert Desmarais submitted written
testimony but did not speak.
The following persons registered their
opposition to the Final Proposal but did not speak:
Dr. James Beauregard, representing
the N.H. Psychological Association.
Dr. Leisl Bryant, representing the
N.H. Psychological Association.
The following persons had submitted
written testimony prior to the meeting:
Dr. Kathryn E. Saylor, representing
the N.H. Psychological Association.
Dr. Michael Phillips.
Dr. Benjamin D. Garber.
Dr. Gerald P. Koocher.
Dr. Thomas F. Burns
Sarah Miner
Stephen Gorin, representing the
National Association of Social Workers, N.H. Chapter.
Anne McCausland, Gary Eager, Mary
Ellen Forrestall-Nichols, and Jill Johnson Bardsley, representing the Social
Work Advisory Committee to the N.H. Board of Mental Health Practice.
Sen. Cilley moved that the Committee make
a preliminary objection to Final Proposal 2008-166 on the grounds as outlined
in the annotations to the Final Proposal by Committee staff, and in public
testimony, both oral and written.
Sen. Carson seconded.
Adopted.
11. The Committee discussed the response of the
Public Utilities Commission to the Committee’s preliminary objection to Final
Proposal 2009-79 (Utility Pole Attachments).
Commissioner Amy Ignatius, Kate Bailey, and Lynn Fabrizio testified for
the Commission.
Sen. Merrill, Sen. Carson, and Rep. Sad
left the meeting as the discussion of this item began.
The following person also testified:
Jeremy Katz, representing segTel,
Inc.
Paul G. Sanderson, representing the
N.H. Municipal Association.
Susan Olsen, representing the N.H.
Municipal Associations.
Sarah A. Davis, representing
FairPoint.
Erin Austin, representing FairPoint.
Lisa Varney, representing FairPoint.
Richard Wollert, representing the
Paul Phillips, representing the
eight telephone company members of the N.H. Telephone Association.
Rep. Naida Kaen, Chair of the House
Science, Technology, and Energy Committee, had submitted written testimony.
Rep. Schmidt moved that the Committee make
a revised objection to Final Proposal 2009-79, on the grounds (1) as outlined
in the annotations by Committee staff to the following rules in the Objection
Response: Puc 1301.01, 1303.04, 1304.05,
and 1304.06(a) and (b)(1) and (2), also applied to 1304.06(b)(1) and (2); and
(2) as outlined in the testimony by FairPoint to the following rules in the
Objection Response: Puc 1303.04, 1303.06(b)(1) and (2), 1303.07(a) & (c),
1303.09, 1303.10, 1303.11, and 1303.12.
Sen. Cilley seconded.
Adopted.
12. The Committee recessed at 2:35 p.m.