JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

FEBRUARY 5, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Casey*, Boyce*, Kidder*, and Sad*, and Senator Cilley.  (*)  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 9:01 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Millham, Gottling, Boyce, Kidder, and Sad.

 

     Rep. Pilotte appointed Rep. Boyce, Rep. Kidder, and Rep. Sad as alternates, respectively, for Sen. Letourneau, Sen. Carson, and Rep. Schmidt, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on January 15, 2010.

 

     The Committee also discussed the mailing of minutes and attendance sign-up sheets to Committee members.  It was the consensus of the Committee that action minutes of the meetings would now be sent as attachments to e-mail, with e-mail responses by members concerning attendance.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Adopted.

 

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

 

     There was no action to postpone taken at this time.

 

     Rep. Schmidt arrived during the discussion of this item.

 

     Rep. Pilotte appointed Rep. Sad as an alternate for Sen. Cilley, who was absent.

 

4.  The Committee discussed Final Proposal 2009-163 from the Fish and Game Department (Fish and Game Rules Relative to Off Highway Recreation Vehicles and Snowmobiles).  Sandra Falicon and Major Timothy Acerno testified for the Department.

 

     The Department had submitted a conditional approval request in an amended rule dated January 15, 2010.

 

     Sen. Cilley arrived during the discussion of this item.  At this time, Rep. Sad was not a voting member.

 

     Rep Patten moved that the Committee accept the conditional approval request and approve Final Proposal 2009-163 based on the request, but with the following amendments: (1) Insert the words “Subject to (b) below, and” at the beginning of Fis 1502.03 (a); (2) Insert the words “in writing” after the words “shall provide” in the introduction to Fis 1506.01 (b); (3) Insert the words “pursuant to RSA 215-A: 29, XI and RSA 215-C:49, XIII” after the words “has been obtained” in Fis 1506.01(b)(5); and (4) Editorially change the appendix by inserting references to RSA “215-A:19” and “RSA 215-C:34” under “State Statute” for Fis 1502.03 in the cross-reference table.

 

     Sen. Cilley seconded.

 

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

 

     The motion was adopted.

 

5.  The Committee discussed the response of the Insurance Department to the Committee’s preliminary objection to Final Proposal 2009-116 (New Hampshire Long-Term Care Partnership Program).  Michael Wilkey testified briefly for the Department.

 

     Rep. Patten moved that the Committee accept the response and approve the rules, and noted that words missing in the Final Proposal copy on which the Committee had voted on December 3, 2009 had been added to Ins 3602.06 (b) in the response.

 

     Rep. Gottling seconded.

 

     Adopted.

 

6.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2009-166 (Former Division of Public Health Services, Walk-In Care Centers).  John Martin and Rodney Bascom represented the Department.

 

     Rep. Casey arrived during the discussion of this item.

 

     Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Merrill, who was absent.

 

     Sen. Cilley moved that the Committee accept the response and approve the rules.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

7.  Rep. Patten moved that the Committee adjourn.

 

     Rep. Schmidt seconded.

 

     Adopted, effectively postponing consideration of the following items to the next Committee meeting:

 

12. 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.)

 

 

OTHER BUSINESS

 

15. Other

 

 

     The Committee adjourned at 10:15 a.m.