Joint Legislative Committee on Administrative Rules
Action Minutes
DECEMBER 22, 2005
Members Present: Representatives
Patten, Taylor, Allan, Carson*, Millham*, and Pilotte,* and Senators
(**) Indicates where Part 1, Article 28-a was not
an issue in the Committee’s discussions or decisions in this meeting.
1. The recessed meeting from December 15 was
convened at 9:06 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep.
Patten, were Reps. Taylor, Allan, Carson, Pilotte, and Millham, and Sens.
Flanders, Clegg, and Estabrook.
Rep. Patten appointed Reps. Carson, Millham,
and Pilotte as alternates, respectively, for Rep. Bicknell, Sen. Letourneau,
and Rep. Wall, who were absent.
2. The Committee discussed the minutes of the
regular Committee meeting on December 15, 2005.
Rep. Taylor moved that the minutes be
approved.
Rep. Carson seconded.
Adopted.
3. The Committee discussed Final Proposal
2005-104 from the Board of Education (Administration in Public Schools). Sarah L. Browning testified for the agency.
Sen. Letourneau arrived during the
discussion of this item.
Rep. Patten appointed Rep. Millham as an
alternate for Sen. Clark, who was absent.
Sen. Estabrook and Clegg left during the
discussion of this item.
Rep. Carson moved that the Committee make a
preliminary objection to Final Proposal 2005-104 to address Committee concerns
to Ed 301.01(a) introductory language and (a)(5), Ed 311.01, Ed 311.02(f) and
(g); and Ed 311.02 (k).
Sen. Letourneau seconded.
Adopted.
4. The Committee discussed Final Proposal
2005-145 from the Department of Resources and Economic Development (Rules for
the Division of Parks and Recreation).
Chris Gamache testified for the agency.
Sen.
Estabrook returned to the meeting during the discussion of this item.
Sen. Letourneau moved that the Committee
approve Final Proposal 2005-145.
Rep. Allan seconded.
Adopted.
5. The
Committee discussed Final Proposal 2005-137 from the Insurance Department (Ins
1902 Minimum Standards for Medicare Policies Issued Prior to Adoption of
Insurance Regulation Ins 1905). Deborah
O’Loughlin and Maureen Hartsmith testified for the agency.
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2005-137 in order to (1) remove the
language “for approval by the Commissioner” in Ins 1902.09(g); (2) delete Ins
1902.10 in order to remove the language “obtain prior written approval of the
commissioner” in Ins 1902.10; (3) delete Ins 1902.13; (4) delete Ins 1902.19;
(5) add a reference to Ins 1905 in Ins 1902.09 (f)(6); and (6) delete Ins
1902.14.
Sen.
Flanders seconded.
Adopted.
6. The
Committee discussed Final Proposal 2005-138 from the Insurance Department (Ins
1903 Medicare Supplement Insurance). Deborah
O’Loughlin and Maureen Hartsmith testified for the agency.
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2005-138
on the condition that Ins 1903.06 and Ins 1903.08 be deleted.
Sen.
Flanders seconded.
Adopted.
7. The
Committee discussed Final Proposal 2005-164 from the College Tuition Savings
Plan Advisory Commission (New Hampshire College Tuition Savings Plan Unique
Annual Allocation Program). State
Treasurer Michael Ablowich and Edward R. MacKay testified for the agency.
The
agency submitted a written request for conditional approval with proposed
amendments to Final Proposal 2005-164.
Sen
Estabrook moved that the Committee conditionally approve Final Proposal
2005-164 as requested.
Rep.
Carson seconded.
Adopted.
8. The
Committee discussed Final Proposal 2005-165 from the College Tuition Savings
Plan Advisory Commission (New Hampshire College Tuition Savings Plan Unique
Endowment Allocation Program). State
Treasurer Michael Ablowich and Edward R. MacKay testified for the Agency.
The
agency submitted a written request for conditional approval with proposed
amendments to Final Proposal 2005-165.
Sen.
Flanders moved that the Committee conditionally approve Final Proposal 2005-165
as requested.
Sent Estabrook seconded.
Adopted.
Sen.
Estabrook and Rep. Carson left the meeting at this time.
9. The Committee discussed the response of the
Department of Health and Human Services to the Committee’s revised objection to
Final Proposal 2005-150 (Former Division of Public Health Services, Newborn
Screening and Newborn Hearing Screening).
Kathryn Frey and Lisa Bujno testified for the agency.
Rep.
Carson returned to the meeting during the discussion of this item.
Rep.
Taylor moved that the Committee accept the response and approve the rules.
Rep.
Millham seconded.
Adopted.
10.The Committee discussed the response of the
Board for the Licensing and Regulation of Plumbers to the Committee’s revised
objection to Final Proposal 2005-88 (Licensing Requirements). Tedd Evans, Board Vice-Chair, and Trudy
Mott-Smith, of the Department of Administrative Services, testified for the
Board.
Sen.
Clegg returned to the meeting during the discussion of this item.
Sen.
Flanders moved that the Committee accept the response and approve the rules
with the recommendation to the Director of the Office of Legislative Services
that she accept as an editorial change to Plu 302.03 (e)(1) the replacement of
the words “has been found guilty or entered a plea of no contest to any felony
or misdemeanor done after the age of majority” with the words “has been
convicted of a crime done after the age of majority, pursuant to RSA 332-A:1.”
Sen
Clegg seconded.
Adopted.
11.Sen. Flanders moved that the Committee
adjourn.
Sen.
Letourneau seconded.
Adopted.
The
Committee adjourned at 11:55 a.m., effectively postponing the following items
to the next Committee meeting on January 20, 2006:
20. Remaining
Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not
Yet Received by Committee Staff. (JLCAR Deadline February 21, 2006.) |
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(a) OR 2005-115 |
BOARD OF DENTAL EXAMINERS Housekeeping,
Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty
Clarification, Changes to Ethical Duties |
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21. Remaining
Responses to Preliminary and Revised Objections made in December 1, 2005
Meeting But Not Yet Received by Committee Staff. (JLCAR Deadline March 7, 2006.) |
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(a) OR 2005-152 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Electrologists |
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OTHER BUSINESS |
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22. Other |
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