JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

NOVEMBER 20, 2008

 

 

Members Present:   Representatives Pilotte, Millham*, Casey*, Boyce*, and DeJoie*, and Senators Fuller Clark and DeVries.  (*)  Indicates alternate member.

 

(**)  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 #11 and #13 below.  However, Item #11 was approved, and Item #13 was conditionally approved.)

 

1.  The meeting was convened at 9:10 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Millham, Casey, Boyce, and DeJoie, and Sen. DeVries.

 

     Rep. Pilotte appointed Rep. DeJoie, Rep. Boyce, Rep. Millham, and Rep. Casey as alternates, respectively, for Rep. Schmidt, Rep. Patten, Rep. MacKay, and Sen. Cilley, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on November 6, 2008.

 

     Rep. Boyce moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

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

 

     No action to postpone was taken at this time.

 

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

 

FP 2008-96

LOTTERY COMMISSION

Rules of Lottery Intercept

 

 

FP 2008-122

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Explanation After Adoption

 

 

FP 2008-123

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Applications, Qualifications for Licensure, Fees, Disciplinary Matters, Renewals, Continuing Education, Ethical and Technical Standards

 

 

FP 2008-153

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Hospital Services

 

 

FP 2008-178

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Milk Producers, Milk Plants, Producer/Distributors, and Distributors

 

 

FP 2008-179

WETLANDS COUNCIL

Wetlands Council Organizational Rule Amendments

 

 

FP 2008-180

WETLANDS COUNCIL

Wetlands Council Procedural Rule Amendments

 

 

FP 2008-182

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) -
Cost Share

 

 

FP 2008-183

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Food Stamp Program: Method of Issuance, Exemptions from Employment and Training Requirements, and Extended Benefits for Certain Public Assistance Households

 

 

 

     Sen. DeVries moved that the Committee approve the final proposals.

 

     Rep. Casey seconded.

 

     Adopted. 

 

5.  The Committee discussed the response of the Board of Registration in Optometry to the Committee’s revised objection to Final Proposal 2008-72 (Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-up Care). 

 

     Valerie Acres, representing the National Association of Optometrists and Opticians, sent written testimony to Committee Attorney John Lucas dated November 18, 2008. 

 

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

 

     Rep. Boyce seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal Final Proposal 2008-85 from the Insurance Department (Advertisements of Insurance).  Deborah O’Loughlin and Michael Wilkey testified for the Department. 

 

     Sen. Fuller Clark arrived as the discussion of this item began.

 

     Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-85.

 

     Rep. Millham seconded.

 

     Adopted. 

 

7.  The Committee discussed Final Proposal 2008-91 from the Insurance Department (Filing for Life, Accident and Health Insurance).  Deborah O’ Loughlin and Michael Wilkey testified for the Department.

 

     Sen. DeVries moved that the Committee approve Final Proposal 2008-91.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2008-125 from the Insurance Department (Health Maintenance Organizations).  Deborah O’ Loughlin and Michael Wilkey testified for the Department. 

 

     Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-125.

 

     Sen. DeVries seconded.

 

     Adopted.

 

9.  The Committee discussed Proposed Interim Rule INT 2008-38 from the Fish and Game Department (Fish and Game Rules Relative to Department Practice and Procedures and Fur Sealing).  Sandra Falicon testified for the Department.

 

     Sen. DeVries moved that the Committee approve Proposed Interim Rule INT 2008-38.

 

     Rep. Casey seconded.

 

     Adopted.

 

     Rep. DeJoie left the meeting at this time.

 

10.   The Committee discussed Final Proposed Interim Rule INT 2008-40 from the Department of Safety (Driver Education Interim Rules).  Sheri Kelloway testified for the Department.

 

     Rep. DeJoie returned to the meeting during the discussion of this item.

 

     Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-40.

 

     Rep. Millham seconded.

 

     Adopted.

 

**11.   The Committee discussed Final Proposal 2008-148 from the Department of Safety (Criminal Record Check Fee).  Marta Modigliani testified for the Department.

 

         Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-148.

 

         Rep. Casey seconded.

 

         Adopted. 

 

12.   The Committee discussed Final Proposal 2008-149 from the Department of Environmental Services (Water Quality and Quantity Programs, Rivers Management and Protection Program).  Gretchen Hamel and Stephen Couture testified for the Department.

 

        Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-149 and recommend to the Director of the Office of Legislative Services that she accept as an editorial change to Env-Wq 1805.04(b) replacement of the words “is listed or is eligible to be listed” with “ is eligible to be listed or is listed”.

 

        Rep Boyce seconded.

 

      Adopted. 

 

**13.   The Committee discussed Final Proposal 2008-88 from the Department of Environmental Services (Water Quality and Quantity Programs, Alteration of Terrain).  Gretchen Hamel, Amy Clark, and Rene Pelletier testified for the Department.

 

      The Department had requested a conditional approval in a letter dated November 20, 2008 and attached rule dated November 19, 2008.

 

      Written testimony had been submitted prior to the meeting from the following persons:

 

            Ari B. Pollak of Gallagher, Callahan and Gartrell, representing the Homebuilders and Remodelers Association of New Hampshire, in a letter dated November 18, 2008.

 

            Michael J. Redding, representing Geo Insight, Inc., in a letter dated November 19, 2008 and attached letter dated April 23, 2007 to the Department of Environmental Services from Michael J. Redding and others.

 

            Michael J. Redding and Michael C. Penney, representing Geo Insight, Inc., in a second letter dated November 19, 2008.

 

            Nancy B. Rendall, representing Blue Moon Environmental, Inc. in a letter dated November 20, 2008 and attached testimony dated December 7, 2006 to the Department of Environmental Services from Timothy F. McCormick.

 

            Christopher R. Berry in an e-mail dated November 19, 2008.

 

            Marie E. Jacobs in a letter dated November 19, 2008.

 

      Kathryn Nelson in an e-mail dated November 20, 2008. 

 

      The following persons gave oral testimony:

 

            Ari B. Pollak of Gallagher, Callahan and Gartrell, representing the Homebuilders and Remodeling Association of New Hampshire.

 

            Scott Thayer, representing Pro Con, Inc. of Manchester, NH.

 

            Eileen Pannetier.

 

            Paul Morin, representing the Homebuilders and Remodelers Association of New Hampshire.

 

            Robert Roseen, representing the U.N.H. Stormwater Center, who also submitted written testimony.

 

            Eric C. Mitchell, who also submitted written testimony.

 

            Shanna Saunders, representing the City of Laconia.

 

        Sen. Fuller Clark left the meeting during the oral testimony.

 

        Rep. Millham moved that the Committee conditionally approve Final Proposal 2008-88 as requested.

 

        Rep. Casey seconded.

 

        Adopted.

 

        Rep. Pilotte noted for the record that Sen. DeVries voted “no”. 

 

14.  The Committee discussed postponement and potential waiver requests for Committee deadlines for the following items:

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2008-177

Former Division of Mental Health and Developmental Services

Rights of Persons Using Emergency Shelters

(JLCAR Deadline December 22, 2008.  Rules will expire November 21, 2008.)

 

 

(b)  FP 2008-171

Commissioner

Certification for Payment Standards for Interpreter Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

 

(c)  FP 2008-172

Commissioner

Certification Payment Standards for Transportation Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

 

12. FP 2008-113

BOARD OF SPEECH LANGUAGE PATHOLOGY

Continued Status

(JLCAR Deadline November 21, 2008.)

 

 

13. FP 2008-151

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG ABUSE PROFESSIONALS

Peer Collaboration

(JLCAR Deadline December 8, 2008.  Existing emergency rule will expire
December 28, 2008.)

 

      No action was taken at this moment.

 

15.  The Committee discussed Final Proposal 2008-177 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Rights of Persons Using Emergency Shelters). 

 

      The Department had requested a conditional approval in a letter and attached rule dated November 17, 2008. 

 

      Rep. Casey moved that the Committee conditionally approve Final Proposal 2008-177 as requested.

 

      Rep. Boyce seconded.

 

      Adopted.

 

16.  Rep. Casey moved that the Committee postpone action on the following items to the next regular Committee meeting on December 18, 2008:

 

11. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(b)  FP 2008-171

Commissioner

Certification for Payment Standards for Interpreter Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

 

(c)  FP 2008-172

Commissioner

Certification Payment Standards for Transportation Service Providers

(JLCAR Deadline December 22, 2008.  Former rules expired September 20, 2008.)

 

      Sen. DeVries seconded.

 

      Adopted.

 

      It was the consensus of the Committee to cancel the scheduled continued meeting date of December 4, 2008 since a new Committee would have to be appointed.

 

17.  Rep. Casey moved that the Committee postpone action on the following items to the next regular Committee meeting on December 18, 2008 and request the Director of the Office of Legislative Services to waive the Committee deadlines pursuant to RSA 541-A:40, IV:

 

     

12. FP 2008-113

BOARD OF SPEECH LANGUAGE PATHOLOGY

Continued Status

(JLCAR Deadline November 21, 2008.)

 

 

13. FP 2008-151

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG ABUSE PROFESSIONALS

Peer Collaboration

(JLCAR Deadline December 8, 2008.  Existing emergency rule will expire
December 28, 2008.)

 

      Sen. DeVries seconded.

 

      Adopted. 

 

18.  Rep. Boyce moved that the Committee adjourn.

 

      Sen. DeVries seconded.

 

      Adopted.

 

      The Committee adjourned at 12:26 p.m., effectively postponing consideration of the following item to the next Committee meeting on December 18, 2008:

 

OTHER BUSINESS

15. Other