JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
FEBRUARY 19, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Millham, Boyce*,
(**) 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 |
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FP 2009-134 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Procedural Rules |
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FP 2009-135 |
BOARD OF FAMILY MEDIATOR CERTIFICATION Complaints of Misconduct and Investigations |
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FP 2009-136 |
BOARD OF FAMILY MEDIATOR CERTIFICATION Settlements; Explanation of Adopted Rules |
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FP 2009-137 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Fees |
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FP 2009-138 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Continued Status |
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FP 2009-139 |
BOARD OF FAMILY
MEDIATOR CERTIFICATION Ethical Standards |
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FP 2009-142 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Certification Requirements |
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FP 2009-143 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Initial Certification of Family Mediator
Training Programs |
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FP 2009-144 |
BOARD
OF FAMILY MEDIATOR CERTIFICATION Continued Status of Certified Family
Mediator Training Programs |
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FP 2009-151 |
BOARD
OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS Peer Collaboration (JLCAR Deadline March 11, 2010.) |
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FP 2009-169 |
GOVERNING BOARD OF RESPIRATORY CARE
PRACTITIONERS Ethical Standards (JLCAR Deadline March 8, 2010.) |
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FP 2009-199 |
POLICE
STANDARDS AND TRAINING COUNCIL Lapse in Service (JLCAR Deadline March 8, 2010.) |
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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.) |
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FP 2009-201 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking
Water Programs Privately Owned Water Redistribution
Systems (JLCAR Deadline February 19, 2010.) |
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FP 2009-202 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water
Quality and Quantity Programs Tidal Rivers Amendments (JLCAR Deadline March 15, 2010.) |
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FP 2009-204 |
MIDWIFERY
COUNCIL (JLCAR Deadline March 22, 2010.) See
(*) below. |
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FP 2009-205 |
MIDWIFERY COUNCIL Certification Based on Reciprocity (JLCAR Deadline March 22, 2010.) |
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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.) |
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FP 2009-208 |
FISH AND GAME DEPARTMENT Fish and Game Boat Access Rules (JLCAR Deadline March 22, 2010.) |
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* The only issue with this final proposal is
that the agency continued to operate under expired rules as noted in the
fiscal impact statement. |
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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 |
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(a) FP 2009-107 |
Wetlands Programs Stream Crossings - Definitions (JLCAR Deadline March 8, 2010.) |
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(b) FP 2009-108 |
Wetlands Programs Amendments Relative to Stream Crossings (JLCAR Deadline March 8, 2010.) |
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(c) FP 2009-109 |
Wetlands Programs Stream Crossings (JLCAR Deadline March 8, 2010.) |
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10. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-130 |
Former Division of Mental Health and Developmental Services Eligibility
Determination and Service Planning for Individuals With An Acquired (JLCAR Deadline March 5, 2010.) |
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(b) FP 2009-206 |
Former Division of Public Health Services Reflexology, Structural Integrators, and Asian Bodywork Therapists (JLCAR Deadline March 22, 2010.) |
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11. FP 2009-176 |
LIQUOR
COMMISSION (JLCAR Deadline March 11, 2010.) |
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12. FP 2009-76 |
INSURANCE DEPARTMENT (JLCAR
Deadline March 19, 2010.) |
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13. FP 2009-217 |
CURRENT
USE BOARD (JLCAR Deadline March 22, 2010.) |
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14. INT 2010-1 |
BANKING
DEPARTMENT (JLCAR Deadline May 6, 2010. Former rules expired April 2, 1998.) |
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15. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received
by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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(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.) |
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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,
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
After
another break, with Reps. Pilotte, Patten, Schmidt, Casey,
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:
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Yes |
No |
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Rep. Schmidt |
X |
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Rep. Patten |
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X |
Rep. Millham |
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X |
Rep. Taylor |
X |
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Rep. Pilotte |
X |
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Sen. Cilley |
X |
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Sen. Fuller Clark |
X |
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Sen. Merrill |
X |
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Sen. Carson |
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X |
Sen. Bragdon |
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X |
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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 |
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16. Other |
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