Action Minutes


MARCH 4, 2011



Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Kidder*, and Tremblay*, and Senators Merrill and De Blois.  (*)  Indicates alternate members.


(**)  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 9:03 a.m. by Rep. Patten as Chair.


     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt, McGuire, Kidder, and Tremblay, and Sen. De Blois.


     Rep. Patten designated Rep. Kidder and Rep. Tremblay as alternates, respectively, for Rep. Manuse and Sen. Lambert, who were absent.


2.  The Committee discussed the minutes of the Committee meeting on February 18, 2011.


     Rep. Pilotte moved that the minutes be approved.


     Sen. De Blois seconded.




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


     Sen. Merrill arrived in the meeting as the discussion began on this item.


     Sen. De Blois moved that the Committee postpone action on the following item as it had not yet been filed by the agency:




8.  ROR 2010-70


Definitions and Access to Public Records, Practice and Procedures, Fees, Licensure Requirements, Renewal, Continuing Medical Education and Ongoing Requirements, and Ethical Standards for Physicians, Supervision of Physician Assistants, Initial and Renewal Procedures and Fees for Physician Assistants

(JLCAR Deadline May 24, 2011.)




     Rep. Schmidt seconded.




     It was the consensus of the Committee that this item would be heard at the meeting on March 18, 2011.


4.  The Committee discussed Final Proposal 2010-151 from the Fish and Game Department (Lobster Tail Processing).  Sandra Falicon testified for the agency.


     Rep. McGuire moved that the Committee approve Final Proposal 2010-151.


     Rep. Schmidt seconded.




5.  The Committee discussed Final Proposal 2010-153 from the Department of Safety (Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules).  Sheri Kelloway and Jeffrey Cyr testified for the Department.


     Rep. McGuire moved that the Committee:


(1)  Make a preliminary objection to Final Proposal 2010-153 on the ground that Final Proposal 2010-153 was contrary to legislative intent because (a) the differential treatment of license fees for business entity licenses in Saf-C 8009.01 (i)-(l) were without specific authorization in
RSA 153:28, I-a or RSA 153:29-a, and (b) the definition of “sole shareholder” in Saf-C 8002.20 was in conflict with RSA 153:29-a, as the statute did not limit a sole shareholder to corporations with no technical field employees other than the single shareholder, as Saf-C 8002.20 appeared to do; and


(2)  Seek clarification of RSA 153:29-a from the House and Senate policy committees pursuant to RSA 541-A:13, V(b).


     Rep. Pilotte seconded.




6.  After a break, with Reps. Patten, Pilotte, McGuire, Schmidt, Kidder, and Tremblay, and Sens. De Blois and Merrill present, the Committee discussed Final Proposal 2010-148 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Participant Directed Managed Services).  Ken Nielsen testified for the Department.


     Rep. Pilotte moved that the Committee conditionally approve Final Proposal 2010-148 on the condition that (1) He-M 525.06 (m)(2) be deleted, and the other subparagraphs be editorially renumbered, and (2) that He-M 525.06 (k)(4) be amended to read:  “Upon receipt of the information pursuant to (3)a. or b. above, an area agency, individual, or representative shall exclude a provider or provider-applicant if he or she, or any person residing in the home of the provider or provider-applicant, is listed on the state registry or has committed a crime listed in He-M 525.09 (b)(8)-(9).


     Sen. De Blois seconded.




7.  The Committee discussed Final Proposal 2010-156 (Former Division of Public Health Services, Certified Other Qualified Agencies).  Kathleen Larney and Susan Lombard testified for the Department.


     The Department had submitted a request for conditional approval in a letter and amended rule dated March 1, 2011 and a revised request for conditional approval in a letter and amended rules dated March 3, 2011.


     The following persons also testified:

            Robert Clegg

            Carolyn A. Virtue, representing Heritage Case Management of Concord, N.H.

            Rebecca Hutchinson, representing Lutheran Special Services In-Home Care.

            Jeff Dickinson, representing Granite State Independent Living.


     Rep. Pilotte moved that the Committee suspend (postpone) action on this item to the next Committee meeting on March 18, 2011. 


     Sen. De Blois seconded.




8.  Rep. Pilotte moved that the Committee adjourn.


     Sen. De Blois seconded.




     The Committee adjourned at 1:10 p.m., effectively postponing consideration of the following item to the Committee meeting on March 18, 2011:




12. Other