Joint Legislative Committee on Administrative Rules
Action Minutes
JUNE 17, 2005
Members Present: Representatives Patten,
(**) 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 9:00 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Carson, Bicknell, Dodge, Millham, and Pilotte, and Sens. Flanders and Clegg.
Rep. Patten appointed Reps. Dodge,
Millham, Carson, and Pilotte, and Sen. Clegg, as alternates, respectively, for Rep.
Allan, Sen. Martel, Rep. Taylor, Rep. Wall, and Sen. Letourneau, who were
absent.
2. The Committee discussed the minutes of the continued
Committee meeting of June 3, 2005.
Rep. Bicknell moved that the minutes be approved.
Rep. Carson seconded.
Adopted.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda - Final Proposals):
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FP 2005-26 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Transportation Conformity and Conformity of General
Federal Actions |
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FP 2005-30 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Official List of Public Waters |
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FP 2005-47 |
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT Natural Heritage Inventory |
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FP 2005-55 |
DEPARTMENT OF SAFETY Various Administrative License Suspension Rules |
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FP 2005-57 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Commissioner Amendments to the
Employment Related Child Care Rules |
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FP 2005-61 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Human Services TANF Standard of Need |
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FP 2005-62 |
DEPARTMENT OF HEALTH & HUMAN SERVICES Former Division of Human Services Food Stamp Program Telephone Expenses |
Sen. Estabrook arrived during the discussion of this item.
Rep. Bicknell moved that the Committee approve the final proposals.
Rep. Pilotte seconded.
Adopted.
Reps. Allan and Blanchard
arrived. Rep. Dodge was no longer
eligible to vote since Rep. Allan was present, and Rep. Dodge left. Rep. Patten appointed Rep. Blanchard as an
alternate for Sen. Clark, who was absent.
4. The Committee discussed the response of the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2004-213 (Establishment and Operation of Area Agencies).
Rep. Wall and Sen. Clark arrived during the discussion of this item.
Rep. Bicknell moved that the Committee postpone action on this
item to the continued Committee meeting on July 7, 2005.
Sen. Flanders seconded.
Rep. Patten indicated for the record that the regular Committee members representing themselves and alternate members representing regular members were as follows:
Sen. Flanders (regular, for self)
Sen. Clark (regular, for self)
Sen. Estabrook (regular, for self)
Sen. Clegg (alt. for Sen. Letourneau)
Rep. Millham (alt. for Sen. Martel)
Rep. Patten (regular, for self)
Rep. Carson (alt. for Rep. Taylor)
Rep. Allan (regular, for self)
Rep. Bicknell (regular, for self)
Rep. Wall (regular, for self)
Pursuant to Committee rule 102.06, Rep. Patten then appointed Rep. Pilotte in place of Rep. Carson as an alternate for Rep. Taylor, who was absent. Rep. Taylor and Rep. Pilotte were both Democrats, and Rep. Carson was a Republican. After further discussion, Rep. Patten appointed Rep. Blanchard, a Democrat, in place of Rep. Pilotte as an alternate for Rep. Taylor.
A roll call vote was called. The vote was as follows:
Yes No
Rep. Allan X
Rep. Bicknell X
Rep. Patten X
Rep. Blanchard X
Rep.
Wall
X
Rep.
Millham
X
Sen. Clark X
Sen.
Flanders X
Sen.
Estabrook X
Sen.
Clegg X_
5 5
The motion was 5 "yes" and 5 "no". The motion was not adopted.
Rep. Blanchard moved that the Committee take testimony on the objection response but also recess the vote to the continued Committee meeting on July 7, 2005.
Rep. Millham seconded.
After further discussion, the motion and second were withdrawn.
Sen. Clegg then moved that the Committee take testimony but not vote.
Rep. Millham seconded.
Sen. Letourneau arrived at this time, but did not vote since the motion and second had already been made.
A roll call vote was called. The vote was as follows:
Yes No
Rep. Allan X
Rep. Bicknell X
Rep. Patten X
Rep. Wall X
Rep.
Millham X
Rep.
Blanchard X
Sen. Clark X
Sen.
Estabrook X
Sen.
Flanders
X
Sen.
Clegg X_
4 6
The vote was 4 "yes" and 6 "no". The motion was not adopted.
Since Sen. Letourneau had arrived, Sen. Clegg was appointed as an alternate for Sen. Martel in place of Rep. Millham.
Sen. Flanders moved that the Committee table this item.
Sen. Clegg seconded.
A roll call vote was called. The vote was as follows:
Yes No
Rep. Allan X
Rep. Bicknell X
Rep. Patten X
Rep. Wall X
Rep.
Blanchard X
Sen. Clark X
Sen.
Estabrook X
Sen. Flanders X
Sen.
Letourneau X
Sen.
Clegg X_
6 4
The vote was 6 "yes" and 4 "no". The motion was adopted.
5. The Committee discussed whether to postpone action on certain items to another Committee meeting.
Sen. Clegg and Sen. Estabrook left the meeting during the discussion of this item.
Rep. Wall moved that the Committee postpone action on the following items to the continued Committee meeting on July 7, 2005:
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11. DEPARTMENT OF HEALTH AND
HUMAN SERVICES |
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(a) FP 2005-51 |
Former Division of Public Health Services Body Art Licensing Regulations (JLCAR Deadline July 18, 2005.) |
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(b) FP 2005-64 |
Former Division of Human Services Medically Needy Eligibility (JLCAR Deadline July 18, 2005.) |
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(c) INT 2005-8 |
Former Division of Human Services Nursing Facility Reimbursement (JLCAR Deadline August 25,
2005. Most of the existing regular
rules in the proposal will expire July 26, 2005.) |
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12. INT 2005-9 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Public (JLCAR Deadline September 8,
2005. Existing regular rules will
expire July 18, 2005.) |
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13. OR 2005-14 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Requirements for Licensure (JLCAR Deadline August 24, 2005) |
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14. Discussion on emergency
rules. |
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(a) Department of Resources and Economic Development Rules for |
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(b) Department of Safety Electrical
Requirements for Carnival Amusement Ride Rules |
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15. Remaining
Responses to Preliminary Objections Made in May 20, 2005 Meeting But Not Yet
Received by Committee Staff. (JLCAR Deadline August 24, 2005) |
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(a) OR 2005-32 |
DEPARTMENT OF SAFETY Motor Carrier Safety Rules |
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OTHER BUSINESS |
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16. Other |
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Sen. Clark seconded.
Adopted.
By this time Rep. Taylor had taken her seat, and Rep. Blanchard had left.
Sen. Clark left the meeting at this time, and Rep. Patten indicated for the record that the regular members representing themselves and the alternate members representing regular members were now as follows:
Sen. Flanders (regular, for self)
Sen. Letourneau (regular, for self)
Rep. Patten (regular, for self)
Rep. Taylor (regular, for self)
Rep. Wall (regular, for self)
Rep. Bicknell (regular, for self)
Rep. Allan (regular, for self)
Rep. Patten then appointed Reps. Carson and Pilotte as alternates, respectively, for Sens. Martel and Estabrook, who were absent.
Sen. Clark returned to the meeting at this time.
6. After a break, with Reps. Patten,
Rep. Millham was not appointed as an alternate, so was not voting.
Rep. Allan moved that the Committee accept the response and approve the rules.
Rep. Wall seconded.
Adopted.
7. The Committee discussed Final Proposal 2005-68 from the Fish and Game Department (Interstate Fishing Rules). Mark Ellingwood testified for the agency.
Rep. Carson returned to the meeting during the discussion of this item.
Sen. Clark moved that the Committee approve Final Proposal 2005-68.
Rep. Wall seconded.
Adopted.
8. The Committee discussed Final Proposal 2005-60 from the Department of Health and Human Services (Expiring Food Stamp Rules) with Lisabritt Solsky and Michele Beasley representing the agency.
The agency requested a conditional approval in a letter and attached rule dated June 17, 2005.
No action was taken at this time, as copies of the request had
to be made for Committee members.
9. The Committee discussed Final Proposal 2005-63 from the Department of Health and Human Services (Former Division of Human Services, Transitional Food Stamp Benefits). Lisabritt Solsky and Michele Beasley testified for the agency.
Sen. Clark moved that the Committee approve Final Proposal 2005-63.
Rep. Taylor seconded.
Adopted.
10. The Committee resumed discussion on Final Proposal 2005-60 from the Department of Health and Human Services (Former Division of Human Services, Expiring Food Stamp Rules). Lisabritt Solsky and Michele Beasley testified for the agency.
Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-60 as requested by the agency.
Rep. Wall seconded.
After further discussion, Rep. Bicknell amended his motion to include the condition that He-W 708.01(g)(1) be amended to read: "Reduce the amount of the claim if the claim cannot be repaid by the household in 3 years."
Rep. Wall amended her second.
The motion as amended was adopted.
11. After a break, with Reps. Patten,
Fred M. Shepard, representing the N.H. Trappers Association, also testified.
Suzanne Fournier of
Sandra Falicon, on behalf of the agency, had submitted a request for a conditional approval in a letter and attached rule dated June 14, 2005.
Sen. Letourneau moved that the Committee conditionally approve Final Proposal 2005-25 as requested by the agency.
Sen. Flanders seconded.
Adopted.
12. Sen. Flanders moved that the Committee recess until July 7, 2005.
Rep. Taylor seconded.
Adopted.
The Committee recessed at 11:10 a.m.