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.
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
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..