JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

DECEMBER 3, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Taylor*, Boyce*, Casey*, and Kidder*, and Senators Fuller Clark and Carson.  (*)  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 Item #6.  However, that item was conditionally approved.)

 

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, Casey, Boyce, and Kidder.

 

     Rep. Pilotte appointed Reps. Boyce, Casey, and Kidder as alternates, respectively, for Rep. Gottling, Sen. Cilley, and Sen. Letourneau, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on November 19, 2009.

 

     Rep. Schmidt moved that the minutes be approved with the following corrections:  (1) Change “approved” to “approve” in the Committee motion by Rep. Schmidt in Item #5 on page 3; (2) Change the name “Dr. Kathryn E. Saxlor” to “Dr. Kathryn E. Saylor” in the list of persons submitting written testimony in Item #10 on page 5; and (3) Change the name “Rep. Naidu Kaen” to “Rep. Naida Kaen” as the person submitting written testimony in Item #11 on page 6.

 

     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 a proposed schedule of meeting dates for the Committee meetings in 2010.

 

     It was the consensus of the Committee to consider this schedule for a vote at the next Committee meeting on December 17, 2009.

 

5.  The Committee discussed Final Proposal 2009-112 from the Insurance Department (Credit Insurance).  Michael Wilkey and Deborah O’ Loughlin testified for the Department. 

 

     Sen. Carson arrived during the discussion of this item. 

 

     Rep. Patten moved that the Committee approve Final Proposal 2009-112. 

 

     Rep. Casey seconded.

 

     Adopted.

 

**6. The Committee discussed Final Proposal 2009-116 from the Insurance Department (New Hampshire Long-Term Care Partnership Program).  Michael Wilkey and Chiara Dolcino testified for theDepartment.

 

     John Laboe testified for the National Academy of Elder Law Attorneys (NAELA).

 

     Rep. Gottling arrived during the discussion of this item.  Therefore, Rep. Boyce was no longer a voting member.

 

     Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-116 on the grounds as outlined in Committee staff annotations to Ins 3602.02, and in public testimony and Department testimony to other rules in Ins 3602 so that the Department would make the following amendments to Ins 3602: (1) Amend Ins 3602.02 by deleting the words “issued on or after April 1, 2007”; (2) Replace all other references to “April 1, 2007” in Ins 3602 with the date of the federal law Section 1917(b)(1) of the Social Security Act, as amended by the Federal Deficit Reduction Act (FDRA) of 2005; and (3) Amend Ins 3602.04(a) by replacing “180 days” with “365 days”.

 

     Rep. Schmidt seconded.

 

     It was the understanding of the Committee that editorial changes may also be made to the Final Proposal in response to the objection.

 

     The motion was adopted.

 

     Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Merrill, who was absent.  Rep. Boyce was therefore a voting member again.

 

7.  The Committee discussed Final Proposal 2009-85 from the Insurance Department (Insurance Scores).  David Withers, Deborah Stone, and Chiara Dolcino testified for the Department. 

 

     Rep. Taylor arrived in the meeting during the discussion of this item.

 

     Rep. Pilotte appointed Rep. Taylor as an alternate for Sen. Fuller Clark, who was absent.

 

     Written testimony had been submitted earlier from Teresa L. Jennings for Reed Elsevier, Inc.

 

Rep. Patten moved that the Committee conditionally approve Final  Proposal 2009-85 on the condition that the following amendments be made:  (1) Throughout Ins 3300, replace the words “credit history” with “credit report”; (2) Add to Ins 3301.03, as paragraph (h), the following submitted by the Department: “Credit information” means information related to a consumer’s credit contained in a consumer report, credit report or other document”; (3) Add to Ins 3301.03, as paragraph (i), the following submitted by the Department: “Credit report” means a report issued by a consumer reporting agency bearing on the consumer’s creditworthiness, credit standing or credit capacity”, and re-letter the subsequent paragraphs in Ins 3301.03 accordingly; (4) Amend Ins 3305.02(b)(1) by inserting a comma after “reasonable” and inserting “and” between “written” and “independently”; and (5) Amend the heading to PART Ins 3309 by replacing the words “CREDIT REPORTS” with “CONSUMER REPORTS”.

 

     Rep. Schmidt seconded.

 

     It was the understanding of the Committee that editorial changes may also be made to the Final Proposal in response to the conditional approval.

 

     The motion was adopted.

 

     Sen. Carson left the meeting at this time.

 

8.    The Committee discussed Final Proposal 2009-162 from the Public Utilities Commission (Greenhouse Gas Emissions Reduction Fund).  Commissioner Clifton Below and Suzanne Amidon testified for the Commission.

 

     Ignatius McLellan, representing the Northern New England Housing Investment Fund, also testified

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2009-162.

 

     Rep. Taylor seconded.

 

     Adopted.

 

9.   After a break, with Reps. Pilotte, Patten, Schmidt, Gottling, Taylor, Millham, Kidder, and Boyce, and Sen. Fuller Clark present, the Committee discussed the response of the Public Utilities Commission to the Committee’s revised objection to Final Proposal 2009-79 (Utility Pole Attachments).

 

      Rep. Pilotte appointed Rep. Taylor as an alternate for Sen. Carson, who was absent.

 

      Rep. Casey and Sen. Carson returned to the meeting during the discussion of this item.  Therefore, Rep. Taylor was not a voting member at this time.

 

      Commissioner Clifton Below, Kathryn Bailey, and Lynn Fabrizio testified for the Commission.

 

      Paul G. Sanderson, representing the N. H. Municipal Association of the Local Government Center, submitted written testimony.

 

      Sen. Fuller Clark moved that the Committee accept the response and approve the rules.

 

      Rep. Schmidt 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. Boyce

 

X

Rep. Casey

X

 

Rep. Kidder

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Fuller Clark

X

 

Sen. Carson

 

X

Total

7

3

 

      The vote was 7 “yes” and 3 “no”.  Rep. Taylor was not a voting member at this time.

 

      The motion was adopted.

 

      Sen. Fuller Clark and Rep. Casey left the meeting at this time.

 

     Rep. Pilotte then appointed Rep. Taylor as an alternate for Sen. Fuller Clark.

 

10.  The Committee discussed Final Proposal 2009-131 from the Department of Health & Human Services (Former Division of Public Health Services, Massage Therapy).  John Martin and Christine Topham testified for the Department.

 

      The Department had submitted a conditional approval request in a letter and amended rule dated December 1, 2009.

 

      Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-131 based on the request. 

 

      Rep. Millham seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2009-132 from the Department of Health & Human Services (Former Division of Public Health Services, Electrology).  John Martin and Christine Topham testified for the Department.

 

      The Department had submitted a conditional approval request in a letter and amended rule dated December 1, 2009.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-132 based on the request. 

 

      Sen. Carson seconded.

 

      Adopted.

 

12.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2009-95 (Commissioner, Allocation and Distribution of Incentive Fund Grants).  The response had not yet been submitted by the Department.

 

      Rep. Patten moved that the Committee postpone this item until the next Committee meeting on December 17, 2009.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

13.  The Committee discussed the response of the Department of Safety to the Committee’s preliminary objection to Final Proposal 2009-96 (Board of Electricians Practice and Procedural Rules and Bureau of Electrical Safety and Licensing Rules).  Sheri Kelloway and Mark Hilbert testified for the Department.

 

      The response was contained in a letter dated November 2, 2009 and amended rule dated October 28, 2009.  The Department had also submitted a request for further amendment (“Amended Objection Response”) in a letter and amended rule dated December 1, 2009.

 

      The following persons also testified:

            Rep. Susan W. Almy.

            Rep. William A. Hatch.

 

      Sheri Kelloway requested a revised objection on behalf of the Department.

 

      As requested by the Department, Rep. Schmidt moved that the Committee make a revised objection based on:  (1) Deleting Saf-C 9306.03(2) [sic], and rewording Saf-C 9306.03(3) [sic] to read “$0.25 per page for each additional page;” and (2) Amending Saf-C 9309.05 as specified in the Department’s amended objection response, dated December 1, 2009.

 

      Rep. Patten seconded.

 

      Adopted.

 

14.  Rep. Schmidt moved that the Committee adjourn.

 

      Rep. Patten seconded.

 

      Adopted.

 

     The Committee adjourned at 1:25 p.m..