Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

MARCH 10, 2006

 

 

Members Present:   Representatives Patten, Bicknell, Millham*, Dokmo*, and Carson*, and Senators Clegg, Letourneau, Clark, and Larsen*.  (*) Indicates alternate member.

 

(**)  Indicates where Part 1, Article 28-a was an issue in the Committee’s discussions or decisions in this meeting.  (See Item #10.  However, that item was approved.)

 

1.  The meeting was convened at 9:10 a.m. by Rep. Patten as Vice Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Bicknell, Dokmo, and Millham, and Sens. Clegg and Letourneau.

 

2.  The Committee discussed the minutes of the regular Committee meeting on February 17, 2006.

 

     Rep. Bicknell moved that the minutes be approved.

 

     Sen. Clegg seconded.

 

     Rep. Patten appointed Rep. Dokmo and Rep. Millham as alternates, respectively, for Rep. Allan and Sen. Flanders, who were absent.

 

     The motion was adopted.

 

3.  The Committee discussed whether to postpone any items to the next Committee meeting.

 

     No decision to postpone was made at this time.

 

4.  The Committee discussed Final Proposal 2005-209 from the Department of Health and Human Services (Former Division of Human Services, Procedures for the Release of Claims Data Sets to the Public and for Research Purposes).  Frank Nachman and Andrew Chalsma testified for the agency.

 

     The following members of the public testified:

 

            Mark Haddad, representing Anthem.

            Mark Vadis, representing Anthem.

            Katie Merrow, representing the N.H. Center for Public Policy Studies.

 

     Sens. Clark and Larsen arrived during the discussion of this item.

 

     Rep. Patten appointed Sen. Larsen as an alternate for Sen. Estabrook, who was absent.

 

     The agency had requested a conditional approval with an amended rule text dated February 16, 2006, and requested a further amendment to add the following sentence to He-W 950.05(b):  “Any interested party that so elects shall be automatically notified of any new data request by electronic mail including all specifics of such request.”

 

     Sen. Clegg moved that the Committee conditionally approve Final Proposal 2005-209 as requested with the amendment.

 

     Sen. Clark seconded.

 

     Adopted.  Rep. Patten noted for the record that Rep. Dokmo voted “no”.

 

5.  The Committee discussed proposed Interim Rule INT 2006-6 from the Department of Labor (Safety and Health of Employees).  Cynthia Flynn and Thomas O’Neil testified for the agency.

 

     Sen. Larsen left the meeting during the discussion of this item.

 

     It was the consensus of the Committee that this item be postponed to the next Committee meeting on March 24, 2006 so that the agency can request a conditional approval to delete those rules for which the agency no longer has authority.

 

6.  The Committee discussed Final Proposal 2005-216 from the Department of Labor (Safety Programs and Joint Loss Management Committee).  Cynthia Flynn testified for the agency, and Thomas O’Neil also represented the agency.

 

     Sen. Larsen returned to the meeting during the discussion of this item.

 

     Sen. Clegg moved that the Committee approve Final Proposal 2005-216.

 

     Rep Bicknell seconded.

 

     Adopted.

 

7.  The Committee discussed the response of the Board of Education to the Committee’s preliminary objection to Final Proposal 2005-104 (Administration in Public Schools).  Mary Mayo testified for the agency.

 

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

 

     Rep. Bicknell seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2005-232 from the N.H. Lottery Commission (Rules of Sales Agents).  Rick Wisler and Georges Roy testified for the agency.

 

     Rep. Carson arrived at the meeting during the discussion of this item.

 

     Sen. Letourneau moved that the Committee approve the rule with the understanding that the Commission would, when it adopts the rules, amend Sw 303.01 (a)(4) by inserting “access” immediately after “ADA” and delete the word “disabled”.

 

     Sen. Clark seconded.

 

     Adopted.

 

     Rep. Carson was not voting as she had not yet been designated as an alternate for an absent regular member.

 

9.    The Committee discussed the response of the Board of Barbering, Cosmetology, and Esthetics to the Committee’s preliminary objection to Final Proposal 2005-140 (Application Procedures, Licensing Requirements, and Renewal Form).  Lynda Elliot testified for the agency.

 

It was the consensus of the Committee to postpone this item to the Committee meeting on March 24 so that Committee staff could research issues raised by Sen. Clegg.

 

**10.   After a break, with Reps. Patten, Carson, Millham, Dokmo, and Bicknell, and Sens. Clark and Larsen present, the Committee discussed the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2005-228 (Water Quality and Quantity Programs, Standards for Design and Construction for Sewerage and Wastewater Treatment Facilities.)  Gretchen Hamel and Sharon Nall testified for the agency.

 

     Rep. Patten appointed Rep. Carson as an alternate for Sen. Clegg, who was absent.

 

     Gretchen Hamel submitted on behalf of the agency a request for editorial changes to Env-Wq 713.02(g) and Env-Wq 713.03(a).

 

     Sen. Letourneau returned to the meeting during the discussion of this item.

 

     Sen. Clark moved that the Committee approve the rules with the recommendation to the Director of the Office of Legislative Services that she accept as editorial changes in the adopted rule the amendments submitted by the Department.

 

     Rep. Carson seconded.

 

     Adopted.

 

11.   The Committee adjourned at 11:40 a.m.