JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 15, 2012
Members Present: Representatives Patten,
Pilotte, Schmidt, McGuire, and Bowers*, and Sen. Merrill. (*) 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 began for discussion purposes at 9:03 a.m. with Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
McGuire, and Bowers, and Sen. Merrill.
Rep.
Patten designated Rep. Bowers as an alternate for Rep. Manuse, who was absent.
2. The
Committee discussed the agenda for today, including the possibility of
completing the agenda without a continued meeting.
No
further action was taken.
3. The
Committee discussed the minutes of the Committee meeting on June 1, 2012.
Rep.
McGuire moved that the minutes be approved.
Sen.
Merrill seconded.
Adopted.
Rep.
Bowers noted for the record that he abstained from voting because he was not
present at the meeting on June 1.
4. The
Committee discussed the following Final Proposals (Consent Agenda – Final
Proposals):
|
FP 2012-42 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs VOC RACT Minor Core Activity Rules |
|
|
|
|
FP 2012-57 |
BOARD OF
ACUPUNCTURE LICENSING Practice and Procedure |
|
|
|
|
FP 2012-58* |
BOARD OF
ACUPUNCTURE LICENSING Licensing, Renewals, Licensee
Responsibilities and Scope of Practice *The only substantive issue is that the
agency continued to operate under expired rules as noted in the fiscal impact
statement for the final proposal. |
Rep.
Schmidt moved that the Committee approve the Final Proposals.
Sen.
Merrill seconded.
Adopted.
5. The
Committee discussed whether to postpone action on certain items to another
meeting.
No
action to postpone was taken at this time.
6. The
Committee discussed Final Proposal 2012-53 from the Department of Health and
Human Services (Former Division of Human Services, Financial Assistance to
Needy Families Standard of Need).
Michele Beasley and Janine Lesser testified for the Department.
Rep.
Pilotte moved that the Committee approve Final Proposal 2012-53.
Rep.
Schmidt seconded.
Adopted.
7. The
Committee discussed Final Proposal 2012-49 from the Insurance Department (Automobile
Insurance). Deborah O’Loughlin, David
Withers, and Deborah Stone testified for the Department.
The
Department had submitted a conditional approval request with a letter dated
June 13, 2012 and amended rule dated June 11, 2012.
Rep.
Schmidt moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2012-49 based on the request.
Rep.
McGuire seconded.
Adopted.
8. The
Committee discussed Final Proposal 2012-50 from the Insurance Department
(Long-Term Care Insurance). Jennifer
Patterson and Michael Wilkey testified for the Department.
Rep.
Pilotte moved that the Committee approve Final Proposal 2012-50.
Sen.
Merrill seconded.
On
a show of hands, the vote was 4 “yes” and 2 “no”. The motion was adopted.
9. The
Committee discussed Final Proposal 2011-176 from the Department of Justice
(Procedures for Pharmaceutical Drug Collection and Disposal Programs).
The
Committee noted that joint rulemaking authority in this area had been granted
pursuant to RSA 318-E:1, III to the Attorney General of the Department of
Justice, the Board of Pharmacy, the Commissioner of the Department of
Environmental Services, and the Commissioner of the Department of Safety. It was the consensus of the Committee that it
was acceptable for the Commissioner of the Department of Safety to sign the
Incorporation by Reference Statement filed with the Final Proposal.
Rep.
McGuire moved that the Committee conditionally approve Final Proposal 2011-176
on the condition that the agencies replace the word “exemptions” in the heading
for Jus 1608 with “alternative procedures,” and recommend that the Attorney
General sign the conditional approval response letter and subsequent adoption
letter, certifying that the three other agencies with rulemaking authority had
approved. The Committee also recommended
that the Attorney General, with the other 3 agencies, seek amendments to RSA 318-E:1
to specify a lead agency for the purpose of rulemaking, and to clarify the
statutory authority for the alternative procedures in Jus 1608.
Rep.
Schmidt seconded.
Adopted.
10. The
Committee discussed requesting the Acting Director of the Office of Legislative
Services to waive the Committee’s deadline of July 13, 2012, and set a new
deadline of July 19, 2012, to act on Final Proposal 2011-161 of the Department
of Labor (Employee Leasing Companies).
Rep.
Schmidt moved that the Committee request from the Acting Director a waiver of
the July 13 deadline and set a new deadline of July 19.
Sen.
Merrill seconded.
Adopted.
It
was the consensus of the Committee that the continued meeting scheduled for
June 29, 2012 be cancelled.
Sen.
Merrill left the meeting at 11:00 a.m. A
quorum was no longer present, and no further action could be taken by the
Committee.
11. The
Committee discussed Final Proposal 2011-161 from the Department of Labor
(Employee Leasing Companies). Martin
Jenkins, Department Legal Counsel, testified for the Department.
Without
a quorum, no further action was taken at this time.
12. By
consensus of the remaining Committee members, the meeting adjourned at 11:15
a.m.