JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

MARCH 7, 2008

Members Present: Representatives Pilotte, Patten, MacKay, and Schmidt, and Senators Fuller Clark and DeVries. (*) No alternate members were present.

(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Item #3.)

1. The Committee was convened at 9:10 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, and Schmidt, and Sens. Fuller Clark and DeVries.

2. The Committee discussed the minutes of the Committee meeting on February 15, 2008.

Sen. Fuller Clark moved that the minutes be approved.

Rep. Patten seconded.

Adopted.

**3. The Committee discussed Final Proposal 2007-211 of the Department of Environmental Services (Water Quality and Quantity Programs, Shoreland Protection). Gretchen Hamel and Rene Pelletier testified for the Department.

The following members of the public also testified:

Eric Mitchell, representing the N.H. Land Surveyors Association.

Michael Garrepy, representing Falls Brook, LLC, who also provided written testimony.

Ari Pollack, representing New Hampshire Home Builders Association.

The Department had requested a conditional approval with a letter and attached amendments dated March 6, 2008 and a further amendment submitted in the meeting.

Sen. DeVries moved that the Committee make a preliminary objection to Final Proposal 2007-211 based on public testimony in the meeting relative to vesting issues and conditional approval issues.

Rep. Patten seconded.

After further discussion, Sen. DeVries amended her motion to indicate that the preliminary objection to the Final Proposal was based on public testimony provided in the Committee meetings on February 15 and March 7, 2008, the written testimony of the N.H. Department of Transportation dated February 25, 2008, and Committee staff comments to the Final Proposal.

Rep. Patten withdrew her second, and Rep. Schmidt seconded the amended motion.

The amended motion was adopted.

4. The Committee discussed Final Proposal 2007-197 of the Department of Health and Human Services (Division of Elderly and Adult Services, Targeted Case Management), which the Committee had conditionally approved at its meeting on February 15, 2008.

Rep. MacKay moved that the Committee reconsider its motion.

Sen. DeVries seconded.

Adopted.

The following persons then testified:

Rep. Thomas Donovan.

Robert Blaisdell of the Demers Group, representing N.H. Independent Case Management Association.

Jeffrey Meyers, Senate Legal Counsel.

Rep. MacKay left during the discussion of this item, thereby having less than a quorum present.

After a break with Reps. Pilotte, Patten, and Schmidt, and Sens. Fuller Clark and DeVries present, the Committee resumed discussion of Final Proposal 2007-197.

Rep. MacKay returned to the meeting, thereby having a quorum present.

Lisabritt Solsky and Donna Mombourquette testified for the Department.

It was the consensus of the Committee that, by reconsidering the vote pursuant to Committee rule 302.03(a), the Committee cancelled that vote as if it had never been taken. Since the deadline for Committee action on the Final Proposal under RSA 541-A:13, I was February 18, 2008, it was also the consensus of the Committee that the Final Proposal was automatically approved pursuant to RSA 541-A:13, II(e) in its original form after that date.

5. The Committee discussed Final Proposal 2007-216 from the Department of Health and Human Services (Former Division of Human Services; Independent Coverage Review; Service Limits, Non-Covered Services, and Co-Payments; Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies).

Rep. Patten moved that the Committee approve Final Proposal 2007-216 with the understanding that such approval should not be construed as a precedent for inclusion of rules that incorporate by reference websites that do not reference a specific edition or date of the incorporated document, as in He-W 529.03 (c)(2)(a). , 530.05(b)(23), and 571.06(b).

Rep. Schmidt seconded.

Adopted.

6. Sen. Fuller Clark left the meeting at this time, thereby postponing the following items to the next Committee meeting:

9. DEPARTMENT OF HEALTH AND HUMAN SERVICES
(c) FP 2007-182	Former Division of Public Health Services Assisted Living Residences-Residential Care Licensing (JLCAR Deadline waived.) (Formerly Item #10(b) on 1-25-08 agenda.)
(d) FP 2007-204	Former Division of Public Health Services Adult Day Programs (JLCAR Deadline March 17, 2008.)
(e) FP 2007-170	Former Division of Mental Health and Developmental Services Personal Safety Emergencies (JLCAR Deadline March 17, 2008.)
(f) FP 2007-174	Former Division of Human Services Home Health Services (JLCAR Deadline March 17, 2008.)
(g) FP 2007-212	Former Division of Mental Health and Developmental Services In-Home Supports (JLCAR Deadline March 17, 2008.)
(i) FP 2007-219	Former Division of Human Services Creation of Interim Disabled Parents (IDP), Transitional Assessment Planning (TAP), and Families With Older Children (FWOC) Categories of Financial Assistance and Medical Assistance (JLCAR Deadline March 24, 2008.)

Before leaving the meeting, Sen. Fuller Clark indicated her approval to ask for waivers by the Director of the Office of Legislative Services of the Committee deadlines for Final Proposals 2007-204, 170, 174, and 212 which would otherwise be automatically approved pursuant to RSA 541-A:13, II (e) before the Committee meeting on March 21.

After further discussion with Department representatives, the Committee members determined that they would ask for waivers for Final Proposal 2007-170 and Final Proposal 2007-212.

7. The meeting had adjourned by 1:10 p.m.