JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
AUGUST 20, 2009
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Kidder*, and Casey*. (*) 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. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Schmidt, Gottling, Millhan, and Kidder.
Rep. Pilotte appointed Rep. Kidder as an
alternate for Sen. Letourneau, who was absent.
2. The Committee discussed the minutes of the Committee meeting on July 16, 2009.
Rep. Patten moved that the minutes be
approved.
Rep. Kidder seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2009-16 |
COLLEGE TUITION SAVINGS PLAN ADVISORY
COMMISSION Organizational Statements of the College
Tuition Savings Plan Advisory Commission |
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FP 2009-24 |
BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Fee Increase |
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FP 2009-61 |
BOARD OF TAX AND LAND APPEALS Definition of Costs for the Board of Tax
and Land Appeals |
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FP 2009-72 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Request for Board's Approval for Reasonable
Accommodation |
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FP 2009-80 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Revocation, Suspension, and Other Sanctions |
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FP 2009-81 |
GOVERNING BOARD OF RECREATIONAL THERAPISTS Special Certifications, Documentation of Receipt
of Special Certifications |
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FP 2009-92 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Breast
and Cervical Cancer Program |
Rep. Schmidt moved that the Committee
approve the Final Proposals.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone
action on curtain items to another meeting.
Rep. Patten moved that that the Committee
postpone action on the following items to the continued Committee meeting on
September 3, 2009:
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12. DEPARTMENT OF SAFETY |
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(a) FP 2009-82 |
Various Watercraft Safety Rules (JLCAR Deadline September 21, 2009.) |
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(b) FP 2009-77 |
Driver Education Rules (JLCAR Deadline September 21, 2009.) |
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(c) FP 2009-86 |
Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules (JLCAR Deadline September 21, 2009.) |
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14. FP 2009-87 |
BOARD OF REGISTRATION IN OPTOMETRY Waiver of Rules, Explanation After Adoption
of Rules, Application Form, Process and Qualifications for License as an
Optometrist, Fee Schedule, Renewal and Reinstatement Process and Refractive
Surgery Post Operative Care (JLCAR
Deadline September 18, 2009.) |
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15. COLLEGE TUITION SAVINGS PLAN ADVISORY
COMMISSION |
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(a) FP 2009-17 |
Practice and Procedures of the College Tuition Savings Plan Advisory Commission (JLCAR Deadline September 10, 2009.) |
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(b) FP 2009-18 |
Establishment, Operation and Administrative Rules for the College Tuition Savings Plan Advisory Commission (JLCAR Deadline September 10, 2009.) |
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16. FP 2008-185 |
DEPARTMENT OF JUSTICE Victims' Compensation (JLCAR
Deadline September 18, 2009.) |
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17. Response to Preliminary Objection Made in
July 16, 2009 Meeting But Not Yet Received by Committee Staff: |
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OR 2009-64 |
BANKING DEPARTMENT Collateralization of Public Deposits (JLCAR
Deadline October 19, 2009. Former
interim rule expired December 21, 2008.) |
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OTHER BUSINESS |
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18. Other |
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Rep. Schmidt seconded.
Adopted.
5. The Committee discussed Final Proposal 2009-52
from the Department of Environmental Services (Water Quality and Quantity
Programs, Clean Water State Revolving Loan Fund Amendments). Gretchen Hamel and Paul Heirtzler testified
for the Department.
Rep. Casey arrived during the discussion of
this item.
Rep. Pilotte appointed Rep. Casey as an
alternate for Sen. Martha Fuller Clark, who was absent.
Rep. Patten moved that the Committee
approve Final Proposal 2009-52 with the recommendation that the transcript of
the discussion on this item be sent to the appropriate policy committees of the
House and Senate to determine whether a statutory amendment is necessary.
Rep. Millham seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2009-17 from the Department of Environmental Services (Water Quality and
Quantity Programs, Tidal Rivers Amendments).
Gretchen Hamel and Laura Wait testified for the Department.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-17.
Rep. Gottling seconded.
Adopted.
7. The Committee discussed Final Proposal 2009-60
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Approval and Operation of Community Mental
Health Programs). Raymond Perry and Erik
Riera testified for the Department.
The Department had requested a conditional
approval in a letter and amended rule dated August 19, 2009.
The following persons also testified:
Michael Skibbie, representing the
Roland Lamy, representing the N.H.
Community Behavioral Health Association.
Rep. Patten moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2009-60 based on the request.
Rep. Kidder seconded.
Adopted.
8. The Committee discussed Final Proposal 2009-90
from the Department of Health and Human Services (Former Division of Human
Services, Expiring Rules Related to New Hampshire Employment Program Work
Exemptions, and the Treatment of Resources, Utility Expenses, and
Self-employment Income in the Food Stamp Program). Jennifer Jones and Laurie Green testified for
the Department.
Jennifer Jones requested on behalf of the
Department that the words “or use” be deleted from He-W 742.02(h).
Rep. Schmidt moved that the Committee
conditionally approve Final Proposal 2009-90 to delete the words “or use” in
He-W 742.02(h).
Rep. Patten seconded.
Adopted.
9. After a break with Reps. Pilotte, Patten,
Schmidt, Millham, Kidder, and Casey present, the Committee discussed Final
Proposal 2009-93 from the Board of Nursing (Licensure Renewal and Reinstatement
of All Licenses). Margaret Walker
represented the Board.
Rep. Millham moved that the Committee
approve Final Proposal 2009-93 and recommend to the Director of the Office of
Legislative Services that she accept as an editorial change the replacement of
“ARNP” in Table 4.1 of Nur 401.01(b) with “APRN”.
Rep. Patten seconded.
Adopted.
10. The Committee discussed Final Proposal 2009-79
from the Public Utilities Commission (Utility Pole Attachments). Lynn Fabrizio and Kate Bailey had testified
for the Commission.
The Commission had requested a conditional
approval in a letter and amended rule dated August 18, 2009.
Written testimony had been submitted prior
to the meeting by the following:
Martin C. Rothfelder of
Rothfelder & Stern LLC, representing
Fibertech Networks, LLC.
Katharine B. Miller of Donahue,
Tucker and Ciandella, representing municipal clients.
SegTEL, Inc.
The following persons provided testimony
in the meeting:
Sarah Davis, representing Fairpoint
Communications.
Erin Austin, representing Fairpoint
Communications.
Rep. Patten moved that the Committee
request the Director of the Office of Legislative Services to waive, to at
least September 17, 2009, the Committee’s August 31, 2009 deadline to act on
Final Proposal 2009-79.
Rep. Schmidt seconded.
Adopted.
Rep. Patten left the meeting at this time.
11. Rep. Pilotte recognized that a quorum was no
longer present, and the Committee recessed at 12:35 p.m to its continued
meeting on September 3, 2009, thereby postponing action on Final Proposal
2009-79 and the following additional items to that meeting:
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10. BOARD
OF TAX AND LAND APPEALS |
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(a)
FP 2009-62 |
Procedural Rules for Specific Types of Appeals (JLCAR
Deadline September 11, 2009.) |
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(b) FP 2009-63 |
Notice of Tax Date; Rules Governing Exemption Applications to Municipalities; Filing Fees (JLCAR Deadline September 11, 2009.) |
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11. FISH AND GAME DEPARTMENT |
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(a) INT 2009-16 |
Periods of Fish and Game License Revocation or Suspension for Various Violations (JLCAR Deadline November 5, 2009. Rule implements 2009,11 (HB 612), effective
June 16, 2009.) |
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(b) FP 2009-83 |
Pheasant License Fee Increase; Sporting Club Youth Pheasant Events (JLCAR Deadline September 18, 2009.) |