Joint Legislative Committee on Administrative Rules
Action Minutes
AUGUST 18, 2005
Members Present: Representatives Patten, Allan, Taylor, Bicknell, Dodge*,
(**) 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 |
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FP 2005-67 |
FISH AND GAME DEPARTMENT 2006 Fishing Rules |
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FP 2005-70 |
PUBLIC EMPLOYEE LABOR RELATIONS BOARD Filings, Records |
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FP 2005-71 |
PUBLIC EMPLOYEE LABOR RELATIONS BOARD Documents; Scheduling of Hearings; Notice; Continuances; Pre-Hearing; Conduct of Hearing and Motion for Rehearing |
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FP 2005-99 |
BOARD OF MEDICINE Rules Describing
the Renewal Application Process and Standards of Conduct for Physicians |
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FP 2005-100 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Payments to Disproportionate Share Psychiatric Hospitals |
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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.
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
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
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) |
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(a) OR 2004-201 |
NATUROPATHIC BOARD OF EXAMINERS Specialty Certification in Naturopathic Childbirth |
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(b) OR 2005-7 |
LOTTERY COMMISSION Rules for
Sales Agents |
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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) |
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(a) OR 2005-31 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Septage Management Rules |
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OTHER BUSINESS |
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17. Other |