JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JUNE 19, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Gottling, Millham, Boyce*, Taylor*, Sad*, and Kidder*, and Senators Cilley and Carson*.  (*)  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 at 9:00 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Gottling, Taylor, Millham, Kidder, and Sad.

 

2.  The Committee discussed the minutes of the Committee meeting on May 15, 2009.

 

     Rep. Boyce arrived during the discussion of this item.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Millham seconded.

 

     Rep. Pilotte appointed Reps. Taylor, Sad, Kidder, and Boyce as alternates, respectively, for Rep. Schmidt, Sen. Cilley, Sen. Letourneau, and Sen. Merrill.

 

     The motion to approve the minutes was adopted.

 

3.  The Committee discussed the following final proposals and proposed interim rules from the agencies indicated (Consent Agenda – Final Proposals and Proposed Interim Rules):

 

FP 2008-257

DEPARTMENT OF SAFETY

Electronic Toll Collection Hearings

 

 

FP 2009-35

DEPARTMENT OF CORRECTIONS

Practice and Procedure

 

 

FP 2009-37

DEPARTMENT OF CORRECTIONS

Offender Classification

 

 

FP 2009-42

INSURANCE DEPARTMENT

Claim Settlement for Property and Casualty Insurance

 

 

FP 2009-44

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Clean Lakes Program Amendments

 

 

FP 2009-45

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Hazardous Air Pollutants, Federal Standards Update

 

 

FP 2009-46

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Financial Assistance to Needy Families Standard of Need

 

 

FP 2009-48

BOARD OF HOME INSPECTORS

Rules Regarding Practice and Procedure

 

 

FP 2009-49

BOARD OF HOME INSPECTORS

Explanation After Adoption

 

 

FP 2009-55

DEPARTMENT OF REVENUE ADMINISTRATION

Reports Required

 

 

FP 2009-65

FISH AND GAME DEPARTMENT

Recreational Length Limit for Haddock

 

 

FP 2009-70

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Disbursement of Child Support Payments

 

 

INT 2009-13

REAL ESTATE COMMISSION

Programs of Study Accreditation and Re-accreditation

 

 

INT 2009-14

FISH AND GAME DEPARTMENT

Fish and Game Boat Access Rules

 

     Sen. Carson arrived during the discussion of this item.

 

     Rep. Pilotte appointed Sen. Carson as an alternate for Sen. Fuller Clark, who was absent.

 

     Rep. Boyce moved that the Committee approve the final proposals and proposed interim rules.

 

     Rep. Millham seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone the following items to the next Committee meeting:

 

  15.       BOARD OF HOME INSPECTORS

 

 

(a)  FP 2009-47

Organizational Rules

(JLCAR Deadline July 6, 2009.)

 

 

(b)  FP 2009-50

Rules Regarding Applications and Qualifications for Licensure, Fees, Renewals, Continuing Education, and Ethical Standards and Standards of Conduct

(JLCAR Deadline July 6, 2009.)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-53

Former Division of Mental Health and Development Services

Clinical Records

(JLCAR Deadline July 20, 2009.)

(b)  FP 2009-54

Former Division of Mental Health and Development Services

Admissions to Glencliff Home

(JLCAR Deadline July 20, 2009.)

 

 

(c)  FP 2009-60

Former Division of Mental Health and Development Services

Approval and Operation of Community Mental Health Programs

(JLCAR Deadline July 20, 2009.)

 

 

(d)  FP 2009-39

Former Division of Mental Health and Developmental Services

Medical and Psychiatric Emergencies.

(JLCAR Deadline July 20, 2009.)

 

 

(e)  FP 2009-59

Former Division of Public Health Services

Home Care Service Providers

(JLCAR Deadline July 20, 2009.)

 

     Rep. Patten moved that the Committee postpone Item #15 and Items #16 (a), (b), and (c) to the continued meeting on June 26, 2009, and postpone Items 16 (d) and (e) to the regular Committee meeting on July 16, 2009.

 

     Sen. Carson seconded.

 

     Adopted.

 

5.  The Committee discussed the response by the following agency to the Committee’s revised objection (Consent Agenda – Response to Preliminary and Revised Objections):

 

ROR 2008-221

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

 

     Rep. Patten moved that the Committee accept the response and approve the rules.

 

     Rep. Boyce seconded.

 

     Adopted. 

 

6.  The Committee discussed Proposed Interim Rule INT 2009-12 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs).

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2009-12.

 

     Rep. Taylor seconded.

 

     Adopted.

 

7.   The Committee discussed Final Proposal 2009-1 from the Insurance Department (Uniform Reporting System for Health Care Claims Data Sets).  Leslie Ludtke, Deborah O’Loughlin, and Andrew Chalsma testified for the Department.

 

      Sen. Cilley arrived during the discussion of this item.  Rep. Sad therefore was not voting at this time.

 

      Rep. Taylor left the meeting during the discussion of this item.

 

      Rep. Patten moved that the Committee approve Final Proposal 2009-1 with the understanding that the Department would seek legislation to exempt these rules from the drafting requirements of the Drafting and Procedure Manual for Administrative Rules pursuant to RSA 541-A:8 and that the policy committees would also look at other issues such as the collection and use of race and ethnicity data.

 

      Rep. Kidder seconded.

 

      Rep. Pilotte appointed Rep. Sad as an alternate for Rep. Schmidt, who was absent.

 

      The motion was adopted.

 

8.   The Committee discussed Final Proposal 2009-40 from the Insurance Department (Mortality Tables for Use in Determining Reserve Liabilities for Annuities).

 

      Rep. Patten moved that the Committee approve Final Proposal 2009-40.

 

      Rep. Gottling seconded.

 

      Adopted.

 

9.   The Committee discussed Final Proposal 2009-41 from the Insurance Department (Third Party Administrators).  Deborah O’Loughlin, Leslie Ludtke, and Michael Wilkey testified for the Department.

 

      The Department had requested a conditional approval in a letter dated June 17, 2009 and amended rule dated June 16, 2009.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-41 based on the request.

 

      Rep. Millham seconded.

 

      Adopted.

 

10.  The Committee discussed Final Proposal 2009-51 from the Insurance Department (Standard Wellness Plan Rate and Form Filing Standards).  Leslie Ludtke and Michael Wilkey testified for the Department.

 

      The Department had requested a conditional approval in a letter dated June 17, 2009 and amended rule dated June 16, 2009.

 

      Marla Matthews of Gallagher, Callahan, and Gartrell, representing MVP Healthcare, also testified.

 

      Rep. Taylor returned to the meeting during the discussion of this item but was not appointed at this time for a regular member and so was not voting.

 

      Rep. Patten moved that the Committee accept the request for conditional approval and conditionally approve Final Proposal 2009-51 based on the request.

 

      Rep. Boyce seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2009-29 from the Guardian ad Litem Board (Revisions of GAL Rules on Allegations of Misconduct, Certification Requirements, and Continued Status).  Thomas Kehr of the Department of Administrative Services and Jack Lightfoot, Board Chair, testified for the Board.

 

      Sen. Cilley left the meeting during the discussion of this item.  Rep. Pilotte then appointed Rep. Taylor as an alternate for Sen. Cilley.

 

      Rep. Patten moved that the Committee approve Final Proposal 2009-79.

 

      Rep. Boyce seconded.

 

      Adopted. 

 

12.  The Committee discussed Finial Proposal 2009-13 from the Board of Education (English Language Arts and Social Studies for Middle and High School Certification and Teacher Preparation Programs).  Dr. Judith Fillion testified briefly for the Board.

 

      Rep. Patten and Rep. Kidder left the meeting during the discussion of this item. 

 

      Rep. Millham moved that the Committee approve Final Proposal 2009-13.

 

      Sen. Carson seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2009-36 from the Department of Corrections (Operation and Management of Correctional Department Activities).  William McGonagle, Assistant Commissioner of the Department, and Walter Pazdon of the Department of Justice testified for the Department of Corrections.

 

      Rep. Kidder returned to the meeting during the discussion of this item, and Sen. Carson left.

 

      The Department submitted a request in the meeting for conditional approval to amend rule Cor 306.03(d)(2) with the words “Based upon the information used to determine probable cause” inserted at the start of the second sentence.

 

      Rep. Gottling moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-36 based on the request.

 

      Rep. Taylor seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2009-38 from the N.H. Lottery Commission (Rules of N.H. Powerball).  Rick Wisler testified for the Commission.

 

      Rep. Boyce moved that the Committee approve Final Proposal 2009-38.

 

      Rep. Taylor seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2008-263 from the Department of Safety (Licensing of Private Detectives and Security Guard Rules).  Marta Modigliani and Capt. Stephen W. Barrett testified for the Department.

 

      Rep. Boyce moved that the Committee approve Final Proposal 2009-263.

 

      Rep.  Kidder seconded.

 

      Adopted.

 

      Rep. Pilotte noted for the record that Reps. Gottling, Taylor, and Pilotte voted “no”. 

 

16.  The Committee discussed Final Proposal 2009-57 from the Department of Safety (Administrative Fees Rules).  Sheri Kelloway and Jeffrey Phillips testified for the Department.

 

      Sen. Carson returned to the meeting during the discussion of this item.

 

      Rep. Kidder moved that the Committee approve Final Proposal 2009-57.

 

      Rep. Gottling seconded.

 

      Adopted.

 

17.  The Committee discussed the response by the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2009-19 (Drinking Water Programs, Water Supply Land Protection Grant Program).  Gretchen Hamel and Holly Green testified for the Department.

 

      Rep. Millham moved that the Committee accept the response and approve the rules.

 

      Sen. Carson seconded.

 

      Adopted.

 

18.  Rep. Taylor moved that the Committee recess.

 

      Rep. Gottling seconded.

 

      Adopted.

 

      The Committee recessed at 12:21 p.m., effectively postponing the following item to the continued Committee meeting on June 26:

 

OTHER BUSINESS

 

17. Other