JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 6, 2008
Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, Millham,
Gottling*, and Boyce*, and Sen. Letourneau.
(*) Indicates alternate member.
(**) 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 Items #6 and #11. However, those items were conditionally approved.)
1. The
Committee was convened at 9:09
a.m. by Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Gottling, and Boyce.
Rep. Pilotte appointed Rep. Millham, Rep. Gottling, and Rep. Boyce as alternates, respectively, for Rep. MacKay, Rep. Powers, and Sen. Downing, who were absent.
2. The Committee discussed the minutes of the Committee meeting on May 16, 2008.
Rep. Patten moved that the minutes be approved.
Rep. Millham seconded.
Adopted.
3. The Committee discussed whether to postpone
action on certain items to the next Committee meeting.
No action to postpone was taken.
4. The Committee discussed Final Proposal 2008-43 from the Department of Health and Human Services (Former Division of Human Services, Rules Related to Resources for Cash and Medical Assistance Eligibility, and Certification Periods and Verification Requirements in the Food Stamp Program). Jennifer Jones and Dawn Landry testified for the Department.
Rep. Schmidt moved that the Committee approve Final Proposal 2008-43.
Rep. Patten seconded.
Adopted.
5. The Committee discussed Final Proposal 2008-29 from the Department of Health and Human Services (Former Division of Public Health Services, Financial Assistance to Partially Fund Towns or Cities for Mosquito Control). Kathryn Frey and Jason Stull testified for the Department.
Rep. Patten moved that the Committee approve Final Proposal 2008-29.
Rep. Schmidt seconded.
Adopted.
**6. The
Committee discussed Final Proposal 2008-52 from the Department of Health and
Human Services (Former Division of Public Health Services,
The Department had submitted a conditional approval request in a letter and amended rule dated June 5, 2008.
Sen. Letourneau arrived during the discussion of this item.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-52 as requested.
Rep. Schmidt seconded.
Adopted.
7. The
Committee discussed Final Proposal 2008-4 from the Site Evaluation Committee (Organizational
Rules).
The Site Evaluation Committee had requested a conditional approval in a letter and amended rule dated June 5, 2008 from Suzanne Amidon.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-4 as requested.
Rep. Millham seconded.
Adopted. Rep. Pilotte noted for the record that Sen. Letourneau voted “no” because of the issue of staff in Site 103.05(a) being assigned from the Department of Environmental Services.
8. The
Committee discussed Final Proposal 2008-5 from the Site Evaluation Committee
(Procedural Rules and Rules Governing Applications).
The Site Evaluation Committee had requested a conditional approval in a letter and amended rule dated June 5, 2008 from Suzanne Amidon.
Rep. MacKay arrived during the discussion of this item. Therefore, Rep. Pilotte appointed Rep. Millham as an alternate for Sen. Cilley, who was absent.
Douglas
Patch of Orr and
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-5 as requested.
Rep. Schmidt seconded.
Adopted.
9. After a break, with Reps. Pilotte, Patten, MacKay, Schmidt, Millham, Gottling, and Boyce, and Sen. Letourneau present, the Committee discussed Final Proposal 2008-26 from the Department of Safety (Various Official Motor Vehicle Inspection Requirement Rules). Sheri Kelloway and Jennifer Jakubauskas testified for the Department.
Rep. Sherman Packard also testified.
Rep. Millham left the meeting during the discussion of this item.
Sen. Letourneau moved that the Committee approve Final Proposal 2008-26 with the understanding that the Department had clarified in the meeting the On Board Diagnostic (OBD) System inspection in Saf-C 3222.01 regarding “street rods” and “replicas.”
Rep. Patten seconded.
Adopted
10. The Committee discussed Final Proposal 2008-54 from the Water Well Board (Water Well Board Procedural Rules). Rene Pelletier and Richard Schofield of the Department of Environmental Services represented the Board.
The Board had submitted a request for conditional approval in a letter and amended rule dated June 4, 2008.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-54 as requested.
Rep. Schmidt seconded.
Adopted.
**11. The Committee discussed Final Proposal 2008-55 from the Water Well Board (Water Well Board Rules). Rene Pelletier and Richard Schofield of the Department of Environmental Services testified for the Board.
The Board had submitted a request for conditional approval in a letter and amended rule dated June 4, 2008.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-55 as requested.
Sen. Letourneau seconded.
Adopted.
12. The Committee discussed amendments to its rules regarding reconsideration of Committee votes.
No further action was taken at this time, and the item was postponed by consensus of the Committee to the next Committee meeting.
13. The Committee discussed again its conditional approval of Final Proposal 2008-55 of the Water Well Board (Water Well Board Rules) and a further amendment requested by the Board.
Sen. Letourneau moved that the Committee reconsider its conditional approval of Final Proposal 2008-55.
Rep. Schmidt seconded.
Adopted.
After further discussion, Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-55 as requested by the Board in its letter and attached rule dated June 4, 2008, with the further amendment that We 602.14(a) be amended to read: “The well shall be located no less than 50 feet from a well used for potable water supply.”
Sen. Letourneau seconded.
Adopted.
14. Rep. Schmidt moved that the Committee adjourn.
Sen. Letourneau seconded.
Adopted. The Committee adjourned at 1:06 p.m.