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

 

 

FP 2008-79

FISH AND GAME DEPARTMENT

2009 Fishing Rules

 

 

FP 2008-80

FISH AND GAME DEPARTMENT

Bass Fishing Tournament Application Procedure

 

 

FP 2008-93

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Open Burning

 

 

FP 2008-98

DEPARTMENT OF LABOR

Whistleblower's Protection

 

 

FP 2008-99

DEPARTMENT OF LABOR

Youth Employment

 

 

FP 2008-102

INSURANCE DEPARTMENT

Preneed Life Insurance Minimum Standards for Determining Reserve Liabilities and Nonforfeiture Values

 

 

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

 

 

FP 2008-105

MILK SANITATION BOARD

Milk Sanitation Rules

 

 

FP 2008-106

DEPARTMENT OF SAFETY

2007 Watercraft Restriction Rules

 

 

FP 2008-107

RACING AND CHARITABLE GAMING COMMISSION

Organizational Rules

 

 

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

 

 

FP 2008-127

REAL ESTATE COMMISSION

Practice and Procedural Rules

 

 

FP 2008-129

REAL ESTATE COMMISSION

Brokerage Contracts and Relationship Disclosures

 

 

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.)

 

 

16. OR 2008-37

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Nursery and Nursery Stock

(JLCAR Deadline September 30, 2008.)

 

 

17. Remaining Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2007-220

Liquor Commission

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

 

 

18. Remaining Responses to Preliminary Objections Made in June 27, 2008 Meeting:

 

 

OR 2007-221

BOARD OF EDUCATION

Modern Language, Reading & Writing Specialist, Social Worker and Dance;  Also Certification for Physical Education, Classical Languages, and Music

(No JLCAR Deadline.  Agency's objection response deadline of August 11, 2008 has been waived.)

 

 

19. Remaining Responses to Preliminary Objections Made in July 17, 2008 Meeting But Not Yet Reviewed by Committee Staff:

 

 

                                                                  OR 2008-40

PHARMACY BOARD

Mail-Order Pharmacies

(JLCAR Deadline October 22, 2008.)

 

 

20. Remaining Responses to Preliminary Objections Made in July 31, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

(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.)

 

 

(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.)

 

 

OTHER BUSINESS

 

21. Other

 

 

     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:

 

 

YES

NO

 

 

 

Rep. Pilotte

X

 

Rep. MacKay

X

 

Rep. Casey

X

 

Rep. Millham

X

 

Rep. Boyce

X

 

 

 

 

Sen. Cilley

X

 

Sen. Downing

X

 

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 Piermont, N.H.

 

     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 Lake Waukewan

 

      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 Franklin Pierce Law Center registered her support of the conditional approval request but did not speak.

 

      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.