JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
AUGUST 21, 2008
Members Present: Representatives Pilotte, MacKay, Casey*, Millham*, and Boyce*, and
Senators Fuller Clark, Cilley, and Downing.
(*) 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
Committee was convened at 9:07
a.m. by Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. MacKay, Casey, Millham, and Boyce, and Sen. Fuller Clark.
Rep. Pilotte appointed Reps. Casey, Boyce, and Millham as alternates, respectively, for Reps. Schmidt, Patten, and Powers, who were absent.
2. The Committee discussed the minutes of the Committee meeting on July 31, 2008.
Rep. MacKay moved that the minutes be approved.
Sen. Fuller Clark seconded.
Adopted.
3. The Committee discussed the following final
proposals and proposed interim rule from the agencies indicated (Consent Agenda
– Final Proposals and Proposed Interim Rules):
FP 2008-67 |
BOARD OF DENTAL EXAMINERS Dental Discipline History, Education,
Anesthesia and Sedation |
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FP 2008-79 |
FISH
AND GAME DEPARTMENT 2009 Fishing Rules |
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FP 2008-80 |
FISH
AND GAME DEPARTMENT Bass Fishing Tournament Application
Procedure |
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FP 2008-93 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air
Related Programs Open Burning |
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FP 2008-98 |
DEPARTMENT OF
LABOR Whistleblower's Protection |
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FP 2008-99 |
DEPARTMENT OF
LABOR Youth Employment |
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FP 2008-102 |
INSURANCE DEPARTMENT Preneed
Life Insurance Minimum Standards for Determining Reserve Liabilities and
Nonforfeiture Values |
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FP
2008-103 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring Rules Related to Earned Income
Disregards, Employment Expense Disregards, and Resource Limits for Financial
and Medical Assistance |
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FP 2008-105 |
MILK
SANITATION BOARD Milk Sanitation Rules |
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FP 2008-106 |
DEPARTMENT OF SAFETY 2007 Watercraft Restriction Rules |
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FP 2008-107 |
RACING AND CHARITABLE GAMING COMMISSION Organizational Rules |
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FP 2008-108 |
RACING
AND CHARITABLE GAMING COMMISSION Rules
Applicable to All Licensees, Harness Rules, Use of Prohibited Substances and
Practices in Horse Racing, and Greyhound Rules |
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FP 2008-127 |
REAL ESTATE
COMMISSION Practice and Procedural Rules |
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FP 2008-129 |
REAL ESTATE
COMMISSION Brokerage Contracts and Relationship
Disclosures |
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INT 2008-30 |
DEPARTMENT OF EMPLOYMENT SECURITY Part-time Work Information |
Rep. MacKay moved that the final proposals and proposed interim rule be approved.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone certain items to another meeting.
Rep. Boyce moved that the Committee postpone action on the following items, understood to be postponed to the continued Committee meeting on September 4, 2008:
15. FP 2008-36 |
DEPARTMENT
OF LABOR Certification of Vocational Rehabilitation
Providers (JLCAR
Deadline September 15, 2008.) |
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16. OR 2008-37 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND
FOOD Nursery and Nursery Stock (JLCAR
Deadline September 30, 2008.) |
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17. Remaining Responses to Preliminary Objections
Made in June 20, 2008 Meeting But Not Yet Received by Committee Staff: |
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OR 2007-220 |
Liquor Commission License Information Requirements (No
JLCAR Deadline. Agency's objection
response deadline of August 4, 2008 has been waived.) |
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18. Remaining
Responses to Preliminary Objections Made in June 27, 2008 Meeting: |
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OR 2007-221 |
BOARD
OF EDUCATION Modern
Language, (No
JLCAR Deadline. Agency's objection
response deadline of August 11, 2008 has been waived.) |
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19. Remaining
Responses to Preliminary Objections Made in July 17, 2008 Meeting But Not Yet
Reviewed by Committee Staff: |
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OR
2008-40 |
PHARMACY
BOARD Mail-Order
Pharmacies (JLCAR
Deadline October 22, 2008.) |
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20. Remaining
Responses to Preliminary Objections Made in July 31, 2008 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-84 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Community Residences at the Residential
Care and Supported Residential Care Level (JLCAR
Deadline November 4, 2008.) |
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(b) OR 2008-72 |
BOARD
OF REGISTRATION IN OPTOMETRY Out-of-State
Contact Lens Dispensers, Continuing Education for Optometrists, Standard of
Conduct, and Contact Lens Follow-up Care (JLCAR Deadline
November 4, 2008.) |
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OTHER BUSINESS |
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21. Other |
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Rep. Casey seconded.
Adopted.
5. The Committee discussed Proposed Interim Rule INT 2008-33 from the Department of Environmental Services (Division of Water, Rules Pertaining to the Operation of Youth Recreation Camps). Gretchen Hamel represented the Department but did not testify.
Rep. Casey moved that the Committee approve Proposed Interim Rule INT 2008-33.
Sen. Fuller Clark seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule INT 2008-32 from the Fish and Game Department (Various Wildlife Rules). Sandra Falicon testified for the Department.
Rep. MacKay moved that the Committee approve Proposed Interim Rule 2008-32.
Rep. Millham seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule INT 2008-29 from the Department of Revenue Administration (Land and Community Heritage Investment Program Recording Surcharge). John Hayes testified for the Department.
Sens. Cilley and Downing arrived during the discussion of this item, and Sen. Fuller Clark left.
Rep. MacKay moved that the Committee conditionally approve Proposed Interim Rule INT 2008-29 on the condition that Rev 3002.02(h) be deleted, with the recommendation that the Department reconsider the provisions of Rev 3002.02(d) and Rev 3003.01(a) when the Department undertakes permanent rulemaking.
Rep. Casey seconded.
Adopted.
8. The Committee discussed again Final Proposal 2008-105 from the Milk Sanitation Board (Milk Sanitation Rules), which had been approved as part of the Consent Agenda.
Rep. Boyce moved that the Committee reconsider its vote to approve Final Proposal 2008-105.
Rep. MacKay seconded.
A roll call vote was called. The
vote was as follows:
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YES |
NO |
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Rep. Pilotte |
X |
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Rep. MacKay |
X |
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Rep. Casey |
X |
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Rep. Millham |
X |
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Rep. Boyce |
X |
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Sen. Cilley |
X |
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Sen. Downing |
X |
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TOTAL |
7 |
0 |
The vote was 7 “yes” and zero “no”. The motion was adopted.
The following persons then testified:
Rep. Paul Ingbretson.
Mark Robie, representing Robie Farm
of
Rep. MacKay moved that the Committee table
this item.
Sen. Downing seconded.
Adopted.
9. The Committee discussed Proposed
Interim Rule INT 2008-31 from the Department of Employment Security (Part-time
Availability and Shift Availability).
The Department had requested a conditional
approval in an amended rule dated August 20, 2008.
Rep. Casey moved that the Committee
conditionally approve Proposed Interim Rule INT 2008-31 as requested.
Rep. Boyce seconded.
Adopted.
10. The Committee discussed Final Proposal 2008-64 from the Public Employee Labor Relations Board (Written Majority Authorization). Douglas Ingersoll testified for the Board.
Rep. Millham moved that the Committee conditionally approve Final Proposal 2008-64 on the condition that the Board amend Pub 301.05(j)(3)a. to read “The name of the individual who performed the confidential inspection of the authorization cards.”
Rep. Casey seconded.
Adopted.
11. The Committee discussed Final Proposal 2008-86 from the Insurance Department (Annual Financial Reporting). Deborah O’Loughlin and Thomas Burke testified for the Department.
Rep. Boyce moved that the Committee approve Final Proposal 2008-86.
Sen. Downing seconded.
Adopted.
It was the consensus of the Committee that corrected Incorporation by Reference Statements would be submitted by the Department.
Sen. Cilley left the meeting at this time.
12. The
Committee discussed Final Proposal 2008-70 from the Insurance Department (Stop
Loss Insurance). Deborah O’Loughlin
testified for the Department.
Rep. Casey moved that the Committee approve Final Proposal 2008-70.
Rep. MacKay seconded.
Adopted.
13. The Committee discussed again Final Proposal 2008-105 from the Milk Sanitation Board (Milk Sanitation Rules).
Rep. Paul Ingbretson testified.
Rep. Casey moved that the Committee approve Final Proposal 2008-105.
Sen. Downing seconded.
Adopted.
14. The Committee discussed the following emergency rule effective August 13, 2008 (Document #9232):
DEPARTMENT OF SAFETY
Emergency
No Wake Restriction on
It was the consensus of the Committee to take no further action.
15. After a break, with Reps. Pilotte, MacKay, Millham, Casey, and Boyce, and Sen. Cilley present, the Committee discussed Final Proposal 2008-69 from the Department of Health and Human Services (Division of Elderly and Adult Services, Targeted Case Management). Lisabritt Solsky, Susan Lombard, and Dianne Langley testified for the Department.
Sen. Downing returned to the meeting during
the discussion of this item.
The Department had requested a conditional
approval in a letter and attached rule dated August 19, 2008.
Robert Blaisdell, representing the N.H. Independent
Case Managers Association, testified in support of the conditional approval
request.
Michelle Winchester, representing the
Institute for Health, Law, and Ethics of the
Sen. Cilley moved that the Committee conditionally approve Final Proposal 2008-69 as requested by the Department, with an additional amendment to He-E 805.06(a)(3) by inserting “similar” immediately before “combination” and deleting the words “that provides the knowledge base required in (1) and (2) above”.
Rep. Millham seconded.
Adopted.
16. The Committee discussed Final Proposal 2008-104 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Conditional Discharge). Raymond Perry testified for the Department.
Sen. Cilley left the meeting during the discussion of this item.
Rep. MacKay moved that the Committee approve Final Proposal 2008-104.
Rep. Casey seconded.
Adopted.
17. The Committee discussed the following emergency rule filed by the Department of Health and Human Services, effective August 5, 2008 (Document #9229):
Former Division of Mental Health and Developmental Services
Secure Psychiatric Unit Transfers
Raymond Perry testified for the Department.
It was the consensus of the Committee to take no further action.
18. The Committee discussed the letter dated July 10, 2008 from the Pari-Mutuel Commission (now the Racing and Charitable Gaming Commission) relative to the explanation for Final Proposal 2008-65, conditionally approved by the Committee on June 20, 2008, concerning miscellaneous rules in Pari 600 and Pari 800 establishing fees for licensing individuals and companies involved in harness racing and greyhound racing.
It was the consensus of the Committee to take no further action.
19. Rep. Casey moved that the Committee recess.
Rep. Millham seconded.
Adopted.
The Committee recessed at 11:45 a.m.