JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

JULY 19, 2007

Members Present: Representatives Pilotte, Patten, MacKay, Mitchell, Millham*, and Powers*, and Senator Cilley. (*) 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 Item #7. However, that item was approved.)

1. The Committee was convened at 9:00 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Mitchell, Millham, and Powers, and Sen. Cilley.

Rep. Pilotte appointed Rep. Millham and Rep. Powers as alternates, respectively, for Rep. Patten and Rep. Schmidt, who were absent.

2. The Committee discussed the minutes of the Committee meeting on June 29, 2007.

Rep. Millham moved that the minutes be approved.

Rep. MacKay seconded.

Adopted.

3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

FP 2007-14	BOARD OF CHIROPRACTIC EXAMINERS Officers
FP 2007-16	PEASE DEVELOPMENT AUTHORITY State Owned Commercial Piers and Associated Facilities
FP 2007-39	BOARD OF LICENSURE FOR LAND SURVEYORS Rules Regarding Re-examinations, Fees, and Disciplinary Matters
FP 2007-69	INSURANCE DEPARTMENT Actuaries
FP 2007-72	BOARD OF DENTAL EXAMINERS Clarification of Existing Rules and General Housekeeping Issues
FP 2007-75	DEPARTMENT OF EMPLOYMENT SECURITY Employer Requirements, Administration and Claimant Requirements
FP 2007-76	DEPARTMENT OF EMPLOYMENT SECURITY Application of Wages)
FP 2007-77	DEPARTMENT OF EMPLOYMENT SECURITY Leaving Employment Necessary Due to Domestic Abuse

Rep. Patten arrived during the discussion of this item.

Since Rep. Patten was now present, Rep. Pilotte appointed Rep. Millham as an alternate for Sen. Letourneau, who was absent.

Rep. Powers moved that the Committee approve the final proposals.

Rep. Mitchell seconded.

Adopted.

4. The Committee discussed whether to postpone action on certain items to another Committee meeting.

Pursuant to a request by the Insurance Department for a postponement, Rep. Patten moved that the Committee postpone action on the following item to the Committee meeting on August 16:

6. FP 2007-36

INSURANCE DEPARTMENT Continuing Care Retirement Communities (JLCAR Deadline August 6, 2007.)

Sen. Cilley seconded.

Adopted.

5. The Committee discussed requesting the waiver of the 45-day Committee review deadline (August 6, 2007) under RSA 541-A:13, II(e) for Final Proposal 2007-36.

Rep. Patten moved that the Committee request a waiver from the Director of the Office of Legislative Services pursuant to RSA 541-A:40, IV of the 45-day Committee deadline.

Rep. MacKay seconded.

Adopted.

6. The Committee discussed Final Proposal 2007-71 from the Board of Dental Examiners (Definition of Moral Turpitude). Dr. Raymond Jarvis testified for the Board.

Rep. Patten moved that the Committee approve Final Proposal 2007-71.

Rep. Millham seconded.

After further discussion, Rep. Patten amended her motion to include the recommendation that the Board seek legislative action to insert a definition of “moral turpitude” in RSA 317-A.

Rep. Millham amended her second to include the recommendation.

The motion as amended was adopted. Rep. Pilotte noted for the record that Rep. Mitchell and Sen. Cilley voted “no”.

**7. The Committee discussed Final Proposal 2007-41 from the Department of Environmental Services (Water Quality and Quantity Programs, Groundwater Discharge Permits and Registrations). Gretchen Hamel and Mitchell Locker testified for the Department.

Rep. Patten moved that the Committee approve Final Proposal 2007-41.

Rep. Powers seconded.

Adopted.

8. The Committee discussed Final Proposal 2007-74 from the Department of Employment Security (Notice of Employment; Trade, Business, and Workforce Transfer Report; Computation Date and Tax Rate in Event of Successorship; Transfers of Experience and Assignment of Rates). Lon Siel testified for the Department.

Rep. Powers moved that the Committee approve Final Proposal 2007-74.

Rep. Patten seconded.

Adopted.

9. The Committee discussed Final Proposal 2007-55 from the Public Utilities Commission (N.H. Code for Energy Conservation in New Building Construction). Donald Kreis, General Counsel, testified for the Commission.

Attorney Kreis submitted a request for a conditional approval with amendments to Puc 1803.02 (a)(1)d. and Puc 1803.02(a)(2)e.

Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-55 as requested.

Rep. MacKay seconded.

Adopted.

10. After a break, with Reps. Pilotte, Patten, MacKay, Mitchell, Millham, and Powers present, the Committee discussed Final Proposal 2007-63 from the Department of Safety (Commissioner, Licensing of Fuel Gas Filters). Marta Modigliani and State Fire Marshal J. William Degnan testified for the Department.

Sen. Cilley returned to the meeting after the discussion on this item began.

The following persons also testified:

Tedd Evans, representing the Plumbers, Fuel Gas Fitters, and HVAC Association of N.H.

Diane Swain, representing the N.H. Plumbing and Mechanical Contractors Association.

Sen. Cilley moved that the Committee approve Final Proposal 2007-63 with the recommendation that the Department seek legislation to clarify RSA 153:27-37 regarding: (1) the meaning of “person” as it relates to rulemaking authority over licensed business entities; (2) authority for licensure by reciprocity; (3) authority for licenses for trainee/apprentices; and (4) authority for a reinstatement fee in addition to a late fee for license renewal.

Rep. Patten seconded.

Adopted.

11. The Committee discussed Final Proposal 2007-78 from the Department of Health and Human Services (Former Division of Public Health Services, Requirements for the Control of Radiation and Use of Radioactive Material). Michael Holt and Twila Kenna testified for the Department.

Rep. Patten moved that the Committee approve Final Proposal 2007-78.

Rep. Millham seconded.

Adopted.

12. The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2007-29 (Former Division of Public Health Services, Birthing Center Rules). Michele Beasley and John Martin testified for the Department.

Rep. Patten moved that the Committee approve Final Proposal 2007-29 and recommend that the Director of the Office of Legislative Services accept as editorial changes at the time of adoption and filing of Final Proposal 2007-29 (1) the submission of a corrected Incorporation by Reference Statement relative to the American Academy of Pediatrics/American Heart Association to address the annotation by Committee staff; (2) an amendment to He-P 810.03(j), which defines “care plan”, to change the reference in the rule from “He-P 810.16(g)” to “He-P 810.16(g) and (h)”; (3) an amendment to He-P 810.05(e) on license denial to conform the language to that in He-P 810.13 (b)(12) and He-P 810.18(l)(2); and (4) an amendment to He-P 810.16(h) on the care plan to delete the word “licensed” in “a certified midwife is a primary licensed practitioner”, and an amendment to any other rule in He-P 810 to delete the word “licensed” when referring to certified midwives.

Rep. Powers seconded.

Adopted.

13. The Committee discussed the response of the Board of Directors, Office of Licensed Allied Health Professionals to the Committee’s preliminary objection to Final Proposal 2007-19 (Fees Charged by the Governing Boards). Trudy Mott-Smith of the Department of Administrative Services testified for the Board.

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

Rep. Mitchell seconded.

Adopted.

14. Rep. Patten moved that the Committee adjourn.

Sen. Cilley seconded.

Adopted.

The Committee adjourned at 12:53 p.m.