JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
APRIL 20, 2012
Members Present: Representatives Patten,
Pilotte, Schmidt, McGuire, Manuse, and Bowers*. (*) 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 for discussion purposes at 9:29 a.m. by Rep. Patten as
Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, McGuire,
Manuse, and Bowers. There was no quorum
present at this time, and Rep. Patten noted that no actions could be taken.
2. The
Committee discussed Final Proposal 2011-155 from the Board of Education (Home
Education). Abbey Lawrence, Chairperson
of the Home Education Advisory Council, and Mary Mayo of the Department of
Education, testified for the Board.
Rep.
Michael Balboni also testified briefly.
3. Rep.
Schmidt arrived at the meeting, thereby creating a quorum. Rep. Patten as Chair convened the meeting at
9:45 a.m. Actions could now be taken.
The Committee discussed Final Proposal 2011-155 again briefly.
No
further action was taken at this time.
Rep.
Patten designated Rep. Bowers as an alternate for Sen. Groen, who was absent.
4. The
Committee discussed the minutes of the Committee meeting on March 30, 2012.
Rep.
Pilotte moved that the minutes be approved, with an amendment to Item 10
relative to the Committee’s conditional approval of Final Proposal 2012-8 from
the Department of Health and Human Services (Former Division of Public Health
Services, Beverages and Bottled Water), where the reference to Rep. McGuire
voting “no” should be Rep. Tremblay.
Rep.
McGuire seconded.
Adopted. It was noted for the record that Rep. Bowers
voted “no”.
5. The
Committee discussed the following Final Proposals and Proposed Interim Rules
(Consent Agenda – Final Proposals and Proposed Interim Rules):
FP 2011-155 |
BOARD OF EDUCATION Home Education |
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FP 2011-179 |
BOARD OF BARBERING, COSMETOLOGY, AND
ESTHETICS Apprenticeship Hours, Violation Points for
a School |
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INT 2012-4 |
GOVERNOR'S
COMMISSION ON DISABILITY Alternative Dispute Resolution, Explanation
of Adopted Rules, and Telecommunications Equipment Assistance Program |
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INT 2012-5 |
FISH AND GAME DEPARTMENT Groundfish Restrictions - Atlantic Cod Length
and Creel Limits for Recreational Fishing |
Rep. Schmidt moved that the Committee
approve the Final Proposals and Proposed Interim Rules.
Rep. Pilotte seconded.
Adopted.
6. The Committee discussed the following Final
Proposal for which a request from the agency for a conditional approval had
been submitted (Consent Agenda – Conditional Approval):
FP 2011-156 |
BOARD OF EDUCATION Early Childhood Education, Classical
Languages, Music and Theatre |
Rep. Pilotte moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2011-156 based on the request.
Rep. Schmidt seconded.
Adopted.
7. The Committee discussed whether to postpone
certain items to another meeting.
Rep. McGuire moved that the Committee
postpone action on the following items to the continued Committee meeting on
May 4, 2012:
11. 10:45 a.m. DEPARTMENT
OF SAFETY |
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(a)
FP 2012-12 |
Registration of Criminal Offenders (JLCAR
Deadline May 21, 2012.) |
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(b)
FP 2012-17 |
Various Carnival-Amusement Rules (JLCAR
Deadline May 21, 2012.) |
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12. 11:30
a.m. STATE BUILDING CODE REVIEW BOARD |
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OR 2012-18 |
Various Practice and Procedure Rules (JLCAR
Deadline July 3, 2012.) |
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13. 12:00
p.m. Discussion on: |
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(a) Amending the
Rulemaking Notice Form and clarifying the applicability of new requirements
in RSA 541-A:10, I on agency notice
to policy committees; and |
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(b) Amending RSA
541-A:14-a and/or RSA 541-A:6, I on extension of rules to include public
notification. |
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OTHER BUSINESS 14. 12:30 p.m. Other |
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Rep. Manuse seconded.
Adopted.
8. The Committee discussed Final Proposal 2012-22
from the Fish and Game Department (OHRV and Snowmobile Event Permits; Wheeled
Vehicle Reciprocity with VT). Sandra
Falicon testified for the Department.
Rep. McGuire moved that the Committee make
a preliminary objection to Final Proposal 2012-22 on the ground that Fis
1506.01(g) was contrary to the public interest by being unclear as worded.
Rep. Schmidt seconded.
Adopted.
9. The Committee discussed Final Proposal 2012-5
from the Board of Medicine (Board Organization, Investigations, Examination
Requirements, Renewal Application, Change of Address). Kathryn Bradley testified for the Board.
Rep. Pilotte moved that the Committee
approve Final Proposal 2012-5.
Rep. McGuire seconded.
Adopted.
10. The Committee discussed briefly Final Proposal
2012-12 from the Department of Safety (Registration of Criminal Offenders),
which had been postponed earlier in the meeting.
No further action was taken.
11. The Committee discussed Final Proposal
2011-177 from the Insurance Department (Disability Insurance). Jennifer Patterson and Michael Wilkey
testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2011-177.
Rep. McGuire seconded.
Adopted.
12. The Committee discussed Final Proposal 2012-23
form the Department of Health and Human Services (Commissioner, Employment
Related Child Care Scholarship). Michael
Holt, Kristin Booth, and Dr. Ellen Wheatley testified for the Department.
The Department had requested a conditional
approval in an amended rule dated April 19, 2012 and also requested an amended
conditional approval in a letter dated April 19, 2012 with a further amended
rule dated April 19, 2012.
Rep. Schmidt moved that the Committee
accept the amended conditional approval request and conditionally approve Final
Proposal 2012-23 based on the request.
Rep. McGuire seconded.
Adopted.
13. The Committee discussed Final Proposal 2012-24
from the Department of Health and Human Services (Commissioner, Employment Related
Child Care Scholarship (Misc. Sections and paragraphs)). Michael Holt, Kristin Booth, and Dr. Ellen
Wheatley testified for the Department.
The Department had submitted a conditional
approval request in an amended rule dated April 19, 2012 and an amended
conditional approval request in a letter dated April 19, 2012 with a further
amended rule dated April 19, 2012.
Rep. Schmidt moved that the Committee
accept the amended conditional approval request and conditionally approve Final
Proposal 2012-24 based on the request.
Rep. Pilotte seconded.
Adopted.
14. Rep. Pilotte moved that the Committee
reconsider its vote to postpone Final Proposal 2012-12 from the Department of
Safety (Registration of Criminal Offenders).
Rep. Manuse seconded.
Adopted.
15. The Committee discussed Final Proposal 2012-12
from the Department of Safety (Registration of Criminal Offenders). Marta Modigliani and Sgt. Cheryl Nadeau of
the State Police testified for the Department.
Rep. Pilotte moved that the Committee
conditionally approve Final Proposal 2012-12 on condition that the following
paragraph be inserted in Saf-C 5503.02:
“(d) If necessary, the registering agency
shall also complete and sign form DSSP 311A (Rev 01/11) and have the sexual
offender/offender against children sign and date the form.”
Rep. McGuire seconded.
Adopted.
It was the consensus of the Committee that
the section heading for Saf-C 5503.02 could be amended as an editorial change
by inserting “and DSSP 311A” after “DSSP 311.”
16. The Committee recessed by consensus at 11:50
a.m.