JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

FEBRUARY 19, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Millham, Boyce*, Taylor*, Casey*, Sad*, and Kidder*, and Senators Fuller Clark, Cilley, Merrill, Carson, and Bragdon*.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:00 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Casey, Taylor, Kidder, and Sad, and Senators Merrill, Carson, and Bragdon.

 

     Rep. Pilotte appointed Rep. Taylor, Rep. Casey, and Rep. Sad as alternates, respectively, for Rep. Gottling, Sen. Cilley, and Sen. Fuller Clark, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on February 5, 2010.

 

     Rep. Schmidt moved that the minutes be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals (Consent Agenda – Final Proposals):

 

FP 2009-133

BOARD OF FAMILY MEDIATOR CERTIFICATION

Organization and Public Information

 

 

FP 2009-134

BOARD OF FAMILY MEDIATOR CERTIFICATION

Procedural Rules

 

 

FP 2009-135

BOARD OF FAMILY MEDIATOR CERTIFICATION

Complaints of Misconduct and Investigations

 

 

FP 2009-136

BOARD OF FAMILY MEDIATOR CERTIFICATION

Settlements; Explanation of Adopted Rules

 

 

FP 2009-137

BOARD OF FAMILY MEDIATOR CERTIFICATION

Fees

 

 

FP 2009-138

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continued Status

 

 

FP 2009-139

BOARD OF FAMILY MEDIATOR CERTIFICATION

Ethical Standards

 

 

FP 2009-142

BOARD OF FAMILY MEDIATOR CERTIFICATION

Certification Requirements

 

 

FP 2009-143

BOARD OF FAMILY MEDIATOR CERTIFICATION

Initial Certification of Family Mediator Training Programs

 

 

FP 2009-144

BOARD OF FAMILY MEDIATOR CERTIFICATION

Continued Status of Certified Family Mediator Training Programs

 

 

FP 2009-151

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Peer Collaboration

(JLCAR Deadline March 11, 2010.)

 

 

FP 2009-169

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS

Ethical Standards

(JLCAR Deadline March 8, 2010.)

 

 

FP 2009-199

POLICE STANDARDS AND TRAINING COUNCIL

Lapse in Service

(JLCAR Deadline March 8, 2010.)

 

 

FP 2009-200

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Certified Operators; Responsibilities of Owners of Privately Owned Redistribution Systems

(JLCAR Deadline February 19, 2010.)

 

 

FP 2009-201

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Privately Owned Water Redistribution Systems

(JLCAR Deadline February 19, 2010.)

 

 

FP 2009-202

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Tidal Rivers Amendments

(JLCAR Deadline March 15, 2010.)

 

 

FP 2009-204

MIDWIFERY COUNCIL
Certification Requirements

(JLCAR Deadline March 22, 2010.)

See (*) below.

 

 

FP 2009-205

MIDWIFERY COUNCIL

Certification Based on Reciprocity

(JLCAR Deadline March 22, 2010.)

 

 

FP 2009-207

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medical Coverage for Low Income Children under Healthy-Kids Gold & Retroactive Medical Assistance

(JLCAR Deadline March 22, 2010.)

 

 

FP 2009-208

FISH AND GAME DEPARTMENT

Fish and Game Boat Access Rules

(JLCAR Deadline March 22, 2010.)

 

 

*  The only issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

 

     Rep. Patten moved that the final proposals be approved.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

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

 

     Rep. Patten moved that the Committee postpone action on the following items to the continued Committee meeting on March 5, 2010:

 

9.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2009-107

Wetlands Programs

Stream Crossings - Definitions

(JLCAR Deadline March 8, 2010.)

 

 

(b)  FP 2009-108

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline March 8, 2010.)

 

 

(c)  FP 2009-109

Wetlands Programs

Stream Crossings

(JLCAR Deadline March 8, 2010.)

 

 

10. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-130

Former Division of Mental Health and Developmental Services

Eligibility Determination and Service Planning for Individuals With An Acquired
Brain Disorder

(JLCAR Deadline March 5, 2010.)

 

 

(b)  FP 2009-206

Former Division of Public Health Services

Reflexology, Structural Integrators, and Asian Bodywork Therapists

(JLCAR Deadline March 22, 2010.)

 

 

11. FP 2009-176

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline March 11, 2010.)

 

 

12. FP 2009-76

INSURANCE DEPARTMENT
Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline March 19, 2010.)

 

 

13. FP 2009-217

CURRENT USE BOARD
Criteria for Current Use

(JLCAR Deadline March 22, 2010.)

 

 

14. INT 2010-1

BANKING DEPARTMENT
Public Deposit Investment Pool

(JLCAR Deadline May 6, 2010.  Former rules expired April 2, 1998.)

 

 

15. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

 

     Rep. Taylor seconded.

 

     Adopted.

 

     Sen. Fuller Clark and Rep. Boyce arrived at this time.  Therefore, Rep. Sad was no longer a voting member.  Rep. Boyce was also not a voting member, since Rep. Boyce was an alternate who was not appointed for an absent regular member. 

 

5.  The Committee discussed Final Proposal 2009-203 from the Department of Revenue Administration (Interest and Dividends Tax).  Commissioner Kevin Clougherty, John Hayes, Revenue Counsel, and Kathy Cher, Acting Director of the Department’s Audit Division, testified for the Department.

 

     Sen. Cilley arrived as the discussion on this item began.  Therefore, Rep. Casey was no longer a voting member.

 

     The Department had requested a conditional approval with a letter and amended rule dated February 18, 2010.  The Department orally requested a further amendment to Rev 902.08(a) by replacing the word “including” with the word “excluding”. 

 

     The following persons also testified at this time: 

 

            Rep. Carol McGuire.

            G. Philip Blatsos.

            Tom Thomson.

            Chris Bolot.

            Brian Tilton.

            Andy Sanborn, representing small businesses.

 

     After a break, with Reps. Pilotte, Patten, Millham, Schmidt, Taylor, Kidder, and Sad, and Sens. Merrill and Carson present, the Committee continued to discuss Final Proposal 2009-203.

 

     Additional public testimony was taken.  Rep. Casey, Rep. Boyce, Sen. Cilley, Sen. Bragdon, and Senator Fuller Clark returned after public testimony began.

 

     The following persons testified at this time:

 

            Robert J. Landman, representing H&L Instruments, LLC.

            David Peck.

            Allen Ryea.

            Corey R. Lewandowski, representing Americans for Prosperity.

            David Batchelder.

            Joe Daley.

 

     As noted by Rep. Pilotte, Mark Warden submitted written testimony but did not speak.

 

     The Committee had earlier received testimony in an e-mail dated February 19, 2009 from Maggie Diggins of Exeter, N.H. and in a letter dated February 18, 2010 from Lindsey E. Sander, representing the National Association of Publicly Traded Partnerships.

 

     After another break, with Reps. Pilotte, Patten, Schmidt, Casey, Taylor, Boyce, Kidder, and Sad, and Sens. Fuller Clark, Cilley, Carson, and Bragdon present, the Committee continued to discuss Final Proposal 2009-203.

 

     The Committee took additional testimony from Commissioner Kevin Clougherty, John Hayes, and Kathy Sher representing the Department.

 

     Rep. Millham and Sen. Merrill returned to the meeting during this testimony.

 

     Rep. Kidder, as a nonvoting member, left the meeting before a motion was made.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2009-203, based on the Department’s conditional approval request of February 18, 2010 with the following changes: (1) replace the words “including an S corporation” with the words “excluding an S corporation” in Rev 902.08(a), and (2) insert Rev 902.08(e)(1)a.13 to read as follows:  “Net of tax-exempt income and non-deductible expenses”.

 

     Rep. Taylor seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

Yes

No

 

 

 

Rep. Schmidt

X

 

Rep. Patten

 

X

Rep. Millham

 

X

Rep. Taylor

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Cilley

X

 

Sen. Fuller Clark

X

 

Sen. Merrill

X

 

Sen. Carson

 

X

Sen. Bragdon

 

X

 

 

 

Total

6

4

 

     The vote was 6 “yes” and 4 “no”.  The motion was adopted.

 

     Sens. Bragdon, Carson, and Cilley and Reps. Casey and Millham left the meeting at this time.

 

6.  The Committee discussed Final Proposal 2009-150 from the Board of Licensing for Alcohol and Other Drug Use Professionals (Initial Certifications and Licenses).  Trudy Mott-Smith of the Department of Administrative Services testified for the Board.

 

     Rep. Pilotte appointed Rep. Sad as an alternate for Rep. Millham, who was now absent.

 

     Trudy Mott-Smith submitted, on behalf of the Board, an editorial correction in writing to Alc 308.01 (c)(2)a.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2009-150 with a request to the Director of Legislative Services that she consider as an editorial change the amendment to Alc 308.01 (c)(2)a. as submitted by Trudy Mott-Smith.

 

     Rep. Taylor seconded.

 

     Adopted.

 

7.  Sen. Fuller Clark moved that the Committee recess.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     The Committee recessed at 2:50 p.m., effectively postponing consideration of the following item to the continued Committee meeting on March 5:

 

OTHER BUSINESS

16. Other