Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

AUGUST 18, 2005

 

 

Members Present: Representatives Patten, Allan, Taylor, Bicknell, Dodge*, Carson*, Millham,* and Pilotte*, and Senators Estabrook and Clegg*.  (*) 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 9:05 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Dodge, and Pilotte, and Sens. Estabrook and Clegg.

 

      Rep. Patten appointed Rep. Dodge, Rep. Pilotte, and Sen. Clegg as alternates, respectively for Rep. Bicknell, Rep. Wall, and Sen. Flanders, who were absent.

 

2.  The Committee discussed the minutes of the continued Committee meeting on August 4, 2005.

 

     Rep. Allan moved that the minutes be approved.

 

     Rep. Dodge seconded.

 

     Adopted.

 

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

 

FP 2005-29

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Medicaid-Covered Home and Community-Based Care Services for Persons with Development Disabilities and Acquired Brain Disorders

 

 

FP 2005-67

FISH AND GAME DEPARTMENT

2006 Fishing Rules

 

 

FP 2005-70

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Filings, Records

 

 

FP 2005-71

PUBLIC EMPLOYEE LABOR RELATIONS BOARD

Documents; Scheduling of Hearings; Notice; Continuances; Pre-Hearing; Conduct of Hearing and Motion for Rehearing

 

 

FP 2005-99

BOARD OF MEDICINE

Rules Describing the Renewal Application Process and Standards of Conduct for Physicians

 

 

FP 2005-100

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Payments to Disproportionate Share Psychiatric Hospitals

 

 

FP 2005-106

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

TANF/NHEP Engagement Rules

 

     Rep. Allan moved that Final Proposal 2005-29 be taken off the consent agenda and be taken up as Item 11(c) on the Tentative Agenda later in the morning.

 

     Rep. Dodge seconded.

 

     Adopted.

 

     Rep. Carson arrived in the meeting at this time.  Rep. Patten appointed Rep. Carson as an alternate for Rep. Taylor, who was absent.  After further discussion, since Rep. Taylor was expected to arrive shortly, Rep. Patten appointed Rep. Carson as an alternate for Sen. Martel, who was also absent.

 

     Sen. Clegg moved that the Committee approve the remainder of the final proposals on the consent agenda.

 

     Rep. Allan seconded.

 

     Adopted.

 

4.  The Committee noted that the following final proposal had been withdrawn by the agency after filing:

 

FP 2005-98

BOARD OF MEDICINE

Rules Describing the Board and Committee Duties and Responsibilities

 

     No further Committee action was required or taken.

 

5.  The Committee noted that the following final proposal had been withdrawn by the agency subsequent to the Committee's preliminary objection on July 7, 2005:

 

FP 2005-64

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medically Needy Eligibility

 

     No further Committee action was required or taken.

 

     Rep. Taylor arrived in the meeting at this time.

 

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

 

     No action to postpone was taken.

 

7.  The Committee discussed the response of the Governing Board of Respiratory Care Practioners to the Committee's preliminary objection to Final Proposal 2005-14 (Requirements for Licensure).

 

     Rep. Patten described that a vote by the Committee to take Objection Response 2005-14 off the table at the continued meeting on August 4, 2005 was not called or taken.  Rep. Patten described that it was the intention of the Committee to take this item off the table, and that the Committee subsequently voted to make a revised objection as requested by the agency.

 

     Sen. Clegg moved that the Committee reaffirm its action on August 4, 2005 relative to taking the Objection Response 2005-14 off the table and subsequently voting to make a revised objection.

 

     Rep. Carson seconded.

 

     Adopted.

 

     Rep. Allan moved that the Committee accept the response to the revised objection and approve the rules.

 

     Sen. Clegg seconded.

 

     Adopted.

 

     Rep. Patten noted that Rep. Pilotte voted "no".

 

8.  The Committee discussed Final Proposal 2005-113 from the Department of Transportation (E-ZPass Electronic Toll Payments).  Marie-Hélène Bailinson, Harvey Goodwin, Al Macy, Edward Smith, and Commissioner Carol Murray testified for the agency.

 

     Rep. Millham and Rep. Bicknell arrived during the discussion of this item.

 

     Rep. Patten appointed Rep. Millham as an alternate for Sen. Letourneau, who was absent.  Since Rep. Bicknell was now present, Rep. Patten appointed Rep. Dodge as an alternate for Sen. Clark, who also was absent.

 

      Alice Chamberlain, representing Governor Lynch, also testified.

 

     Sen. Estabrook left the meeting during the discussion of this item.

 

     Rep. Allan moved that the Committee table Final Proposal 2005-113 in order that the agency could prepare text for a conditional approval request.

 

     Rep. Taylor seconded.

 

     Adopted.

 

9.  After a break, with Reps. Patten, Taylor, Allan, Dodge, Carson, Millham, and Pilotte, and Sen. Clegg present, the Committee discussed Final Proposal 2005-54 from the Board of Barbering, Cosmetology, and Esthetics (Tanning Facility Rules).  Linda Elliot testified for the agency.

 

     Rep. Allan moved that the Committee conditionally approve Final Proposal 2005-5 on the condition that (1) The reference in Bar 606.01(b)(2) to Bar 606.02 be changed to Bar 404.06; (2) The reference in Bar 606.01(b)(3) to Bar 606.03 be changed to Bar 404.07, (3) Bar 606.05(e) be amended to state "For failure to comply with an order of the board, the fine imposed shall be in accordance with RSA 313-A:32;" and (4) A new paragraph Bar 606.05(f) be added to state "For failure to register a tanning facility, the fine imposed shall be in accordance with RSA 313-A:34."

 

     Sen. Clegg seconded.

 

     Adopted.

 

10.   The Committee discussed again Final Proposal 2005-113 from the Department of Transportation (E-ZPass Electronic Toll Payments).  Marie- Hélène Bailinson and others testified for the agency.

 

      Rep. Allan moved that the Committee take this item off the table.

 

      Rep. Taylor seconded.

 

      Adopted.

 

      As presented by Marie- Hélène Bailinson for the agency, the Department requested a conditional approval of Final Proposal 2005-113 on the condition that the following amendments be made: (1) That the last sentence of Tra 701.03(e) read: "Such images shall be stored by the department for a maximum of 7 days"; (2) That a new paragraph (b) be added to Tra 702.01, and renumber the proposed (b) and subsequent paragraphs, so that Tra 702.01(b) states "A transponder may be used in multiple vehicles of the same classification";(3) That a new paragraph be added as (f) to Tra 702.01 to state "The account holder may request a review by the department of the vendor's determination regarding payment of administrative fees and tolls.  The request may be made to the department at the following address", with the address inserted; and (4) That the appendix would be updated as an editorial change to reference RSA 263:56-f as being implemented by Tra 702.01.

 

      Rep. Dodge moved that the Committee conditionally approve Final Proposal 2005-113 as requested.

 

      Sen. Clegg seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2005-101 from the Department of Agriculture, Markets and Food (Importation of Bovines and Other Domestic Animals into New Hampshire).

 

      The agency had requested a conditional approval in a letter dated August 10, 2005 from the State Veterinarian with an attached rule page.

 

     Rep. Allan moved that the Committee conditionally approve Final Proposal 2005-101 as requested.

 

     Rep. Taylor seconded.

 

     Adopted.

 

12.  The Committee discussed Final Proposal 2005-52 from the Public Utilities Commission (Rules for Tariff Requirements and Special Contracts).  Suzanne Amidon and ChristiAne Mason testified for the agency.

 

     The agency had requested a conditional approval in an amended rule dated August 16, 2005, as subsequently revised in a letter and attached rule page dated August 17, 2005.  The agency requested further amendments orally.

 

      Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-52 as requested by the agency, with the following amendments: (1) Amend the introductory paragraph to Puc 1604.07(f)(1) to read: "Operating revenues, less uncollectible operating revenues, categorized by RSA 374:8, I and II and Puc 406.03 for:"; and (2) Amend the introductory paragraph to Puc 1604.07(f)(3) to read: "Operating expenses categorized by RSA 374:8, I and II and Puc 406.03 for:".

 

      Rep. Allan seconded.

 

     Adopted.

 

13.  The Committee discussed Proposed Interim Rule INT 2005-12 from the Public Utilities Commission (Procedural Rules.).  Suzanne Amidon testified for the agency.

 

        Rep. Bicknell moved that the Committee approve Proposed Interim Rule INT 2005-12.

 

     Sen. Clegg seconded.

 

     Adopted.

 

14.  Lunch break at 11:55 a.m

 

15.  Reconvening at 12:39 p.m., with Reps. Patten, Taylor, Bicknell, Dodge, Carson, Millham, and Pilotte, and Sen. Clegg present, the Committee discussed Final Proposal 2005-59 from the Department of Health and Human Services (Former Division of Human Services, Recovery of Erroneously Paid Medical).  Michele Beasley and Linda Paquette testified for the agency.

 

      Jonathan Baird, representing N.H. Legal Assistance, also testified.

 

      Sen. Clegg moved that the Committee approve Final Proposal 2005-59.

 

      Rep. Dodge seconded.

 

      Adopted.

 

      Rep. Patten noted for the record that Rep. Pilotte voted "no".

 

16.  The Committee discussed Proposed Interim Rule INT 2005-13 from the Department of Health and Human Services (Former Division of Human Services, Lottery Intercept).  Maralyn Doyle and Sarah Kourian testified for the agency.

 

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

 

      Rep. Allan moved that the Committee approve Proposed Interim Rule INT 2005-13.

 

      Rep. Pilotte seconded.

 

      Adopted.

 

17.  The Committee discussed Final Proposal 2005-29 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Medicaid-Covered Home and Community-Based Care Services for Persons with Development Disabilities and Acquired Brain Disorders).  Ken Nielsen testified for the agency.

 

     Richard Cohen, representing the Disabilities Rights Center, Inc., also testified.

 

     Rep. Bicknell returned to the meeting during the discussion of this item.

 

     The agency had requested a conditional approval in a letter and attached rule dated August 17, 2005.

 

     Sen. Clegg moved that the Committee conditionally approve Final Proposal 2005-29 as requested.

 

      Rep. Allan seconded.

 

      Adopted.

 

      Sen. Clegg left the meeting at this time.

 

18.  The Committee discussed Final Proposal 2005-91 from the Liquor Commission (Rules Relating to Particular Licensees).  Ivan Bass and Steven Slovenski testified for the agency.

 

      The following persons also testified:

 

            Clark Corson, representing the N.H. Wholesale Beverage Association.

 

            Robert Arnold and Henry Veilleux, representing the N.H. Lodging and Restaurant Association.

 

     Rep. Millham moved that the Committee make a preliminary objection to Final Proposal 2005-91 based on the Committee's concern that Liq 503.02(b)(3) excluded beverages from the sales of food and the Liq 506.14(b)(6) was unclear by not referencing Liq 506.10(b).

 

     Rep. Carson seconded.

 

     Adopted.

 

19.  The Committee discussed draft letters to the following agencies on emergency rules they filed:

 

              Department of Resources and Economic Development

              Rules for Forest Fire Service and Administrative Fines

 

              Department of Safety

              Electrical Requirements for Carnival Amusement Ride Rules

 

         It was the consensus of the Committee that no letter be sent to the Department of Resources and Economic Development.

 

         It was the consensus of the Committee that it examine the draft letter to the Department of Safety prepared by Committee Attorney Michael Morrell.

 

20.  The Committee discussed an e-mail message to Rep. Patten from Executive Director Rick Wisler of the Lottery Commission relative to the Americans with Disabilities Act and lottery retailers.

 

      No further action was taken at this time.

 

21.  The Committee discussed scheduling Committee meetings once a week beginning in October.  Rep. Patten distributed a proposed schedule for Committee consideration.

 

     No further action was taken at this time.

 

22.  It was the consensus of the Committee not to hold a continued Committee meeting on September 1, 2005 as previously scheduled.

 

23   The Committee adjourned at 3:00 p.m., thereby postponing the following items to the next regularly scheduled Committee meeting on September 16, 2005:

 

15.    Remaining Responses to Preliminary Objections Made in July 21, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline October 26, 2005)

 

         (a)  OR 2004-201

NATUROPATHIC BOARD OF EXAMINERS

Specialty Certification in Naturopathic Childbirth

 

 

         (b)  OR 2005-7

LOTTERY COMMISSION

Rules for Sales Agents

 

16.    Remaining Responses to Preliminary and Revised Objections Made in August 4, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline November 8, 2005)

 

 

         (a)  OR 2005-31

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

Septage Management Rules

 

OTHER BUSINESS

17.    Other