Joint Legislative Committee on Administrative Rules
Action Minutes
SEPTEMBER 16, 2005
Members Present: Representatives Patten,
(**) 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 9:00 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Wall, Dodge, Carson, and Pilotte, and Sens. Clark and Clegg.
Rep. Patten appointed Rep. Dodge, Rep.
Carson, Rep. Pilotte, and Sen. Clegg as alternates, respectively, for Rep.
Allan, Rep. Bicknell, Rep. Taylor, and Sen. Martel, who were absent.
2. The Committee discussed the minutes of the
regular Committee meeting on August 18, 2005.
Sen. Clark moved that the minutes be approved.
Rep. Wall seconded.
Adopted.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda - Final Proposals):
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FP 2005-56 |
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Division of Forests and Lands |
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FP 2005-58 |
BOARD OF PROFESSIONAL GEOLOGISTS Board of Professional Geologists Rule Regarding Composition of the
Board |
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FP 2005-108 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Consumer Products |
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FP 2005-110 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Solid Waste Rules - Procedures |
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FP 2005-118 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Ambient
Groundwater Quality Standards |
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FP 2005-119 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Nursing Facility Preadmission Screening and Annual Resident Review (PASARR) Amendments |
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FP 2005-121 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Increase in Cost Sharing for the Healthy Kids Silver Program |
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FP 2005-122 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Protected Income Level (PIL) |
It was the consensus of the Committee to take Final Proposal 2005-121 off the Consent Agenda.
Sen. Clark moved that the Committee approve the final proposals except for Final Proposal 2005-121.
Rep. Wall seconded.
Adopted.
4. The Committee discussed Final
Proposal 2005-114 from the Department of Health and Human Services (Former
Division of Human Services, Early and Periodic Screening, Diagnosis and
Treatment Services).
The Department had requested
a conditional approval in a letter and attached rule dated September 12, 2005.
Sen. Clark moved that the
Committee conditionally Final Proposal 2005-114 as requested.
Rep. Wall seconded.
Adopted.
5. The Committee discussed Final
Proposal 2005-121 from the Department of Health and Human Services (Former
Division of Human Services, Increase in Cost Sharing for the Healthy Kids
Silver Program). Mary Castelli and
Stephen Mosher testified for the Department.
Rep. Taylor, Rep. Millham,
and Sen. Estabrook arrived during the discussion of this item.
Rep. Patten appointed Rep.
Pilotte as an alternate for Sen. Flanders, who was absent.
Roland Lamy testified for
Health Kids Corp.
Valerie King testified as the
Department Coordinator for Healthy Kids Corp.
Sen. Clegg moved that the
Committee table this item to the next scheduled Committee meeting.
Sen. Estabrook seconded.
Adopted. Rep. Millham was not voting at this time as
she had not yet been designated as an alternate for an absent regular Committee
member.
6. The Committee discussed the
following response to a prior Committee preliminary objection:
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OR 2004-201 |
NATUROPATHIC BOARD OF EXAMINERS Specialty Certification in Naturopathic Childbirth |
Rep. Taylor moved that the
Committee accept the response and approve the rules.
Sen. Clegg seconded.
Adopted.
7. The Committee discussed Final
Proposal 2005-48 from the Department of Health and Human Services (Former Division
of Public Health Services, Requirements for the Control of Radiation and
Use of Radioactive Material). (Consent Agenda - Committee Issuance of
Preliminary Objections).
Sen. Clegg left the meeting
during the discussion of this item.
Sen. Clark moved that the
Committee made a preliminary objection to Final Proposal 2005-48 on the grounds
as outlined in the annotations to the Final Proposal by Committee Attorney
Eldridge-Banack.
Rep. Carson seconded.
Adopted.
Rep. Patten designated Rep.
Millham as an alternate for Sen. Letourneau, who was absent.
8. The Committee noted the following response to the Committee's preliminary objection on July 21, 2005 was not submitted by the deadline of September 6, 2005. The rulemaking proceeding is over. No further Committee action was necessary:
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OR 2005-7 |
LOTTERY COMMISSION Rules for Sales Agents |
No further action was taken.
9. The Committee discussed
postponing action on certain items to another Committee meeting.
Rep. Wall moved that the Committee
postpone action on the following items to the next Committee meeting on
September 29th:
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14. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(b) FP 2005-103 |
Former Division of Mental Health and Developmental Services Peer Support Services and Rights of Members Receiving Peer Support Services (JLCAR Deadline October 13,
2005.) |
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(d) FP 2005-123 |
Former Division of Human Services Newborn Home Visit (JLCAR Deadline October 17,
2005.) |
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15. BOARD OF CLAIMS |
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(a) FP 2005-42 |
Organizational Rules (JLCAR Deadline October 10,
2005.) |
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(b) FP 2005-43 |
Procedural Rules (JLCAR Deadline October 10,
2005.) |
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(c) FP 2005-44 |
Attorney Fees; Explanation of Adopted Rules (JLCAR Deadline October 10,
2005.) |
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(d) FP 2005-45 |
Claims (JLCAR Deadline October 10,
2005.) |
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16. BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS |
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(a) FP 2005-85 |
Organizational Rules (JLCAR Deadline October 3,
2005.) |
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(b) FP 2005-86 |
Procedural Rules (JLCAR Deadline October 3,
2005.) |
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(c) FP 2005-87 |
Complaints of Misconduct; Settlements; Explanation of Adopted Rules (JLCAR Deadline October 3,
2005.) |
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(d) FP 2005-88 |
Licensing Requirements (JLCAR Deadline October 3,
2005.) |
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17. OR 2005-91 |
LIQUOR
COMMISSION Rules Relating to Particular Licensees (JLCAR Deadline November 22,
2005) |
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18. Discussion on draft
letter to the following agency on emergency rules. |
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Department of Safety Electrical
Requirements for Carnival Amusement Ride Rules. |
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19. Remaining Responses to Preliminary and
Revised Objections Made in August 4, 2005 Meeting But Not Yet Reviewed 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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20. Other |
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Sen. Clark seconded.
Adopted
10. The Committee discussed Final Proposal 2005-82
from the Board of Education (
Sen. Estabrook and Sen. Clark left the meeting at this time.
Rep. Dodge moved that the Committee approve Final Proposal 2005-82.
Rep. Carson seconded.
Adopted.
11. The Committee discussed Proposed Interim Rule INT 2005-14 from the Department of Environmental Services (Division of Water, Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities.). Gretchen Hamel testified for the agency.
Sen. Estabrook returned to
the meeting during the discussion of this item, and Sen. Larsen arrived.
Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2005-14.
Rep. Wall seconded.
Adopted.
Rep. Patten appointed Sen.
Larson as an alternate for Sen. Clark, who was absent.
12. The
Committee discussed Final Proposal 2005-107 from the Department of Environmental
Services (Division of Air Resources, Clean Air in State Buildings). Barbara Hoffman and Rhonda Martin testified
for the agency.
Rep.
Carson moved that the Committee approval Final Proposal 2005-107.
Sen.
Larsen seconded.
Adopted.
13. The
Committee discussed Final Proposal 2005-109 from the Department of
Environmental Services (Division of Waste Management, Solid Waste Rules -
Organization and Definitions). Gretchen
Hamel testified for the agency.
Sen.
Clegg returned to the meeting during the discussion of this item.
Scott
Flood, representing Reach for Tomorrow of
Sen.
Larsen moved that the Committee approval Final Proposal 2005-109.
Rep.
Taylor seconded.
Adopted.
14. The
Committee discussed Final Proposal 2005-111 from the Department of
Environmental Services (Division of Air Resources, Solid Waste Rules -
Permits). Gretchen Hamel testified for
the agency.
Scott
Flood, representing Reach for Tomorrow of
Sen.
Clegg moved that the Committee approval Final Proposal 2005-111.
Rep.
Wall seconded.
Adopted.
15. After a break, with Reps. Patten, Carson, Millham, Pilotte, and Wall, and Sens. Estabrook, Larsen, and Clegg present, the Committee discussed Final Proposal 2005-112 from the from the Department of Environmental Services (Division of Waste Management, Solid Waste Program Rules). Gretchen Hamel testified for the agency.
Reps. Taylor and Dodge returned to the meeting during the discussion of this item.
The following persons also testified:
Scott Flood, representing Reach for Tomorrow, of
Karen Irwin, representing Reach for Tomorrow, of
Rep. James Phinizy.
Lindsey Hodel, representing the Toxics Action Center of Concord, N.H., submitted written testimony but did not speak.
Sen. Estabrook left the meeting before a motion was made.
Rep. Wall moved that the Committee make a preliminary objection to Final Proposal 2005-112 on the grounds as outlined in testimony by Scott Flood of Reach for Tomorrow, including issues of legislative intent, testimony by Gretchen Hamel, and annotations to the final proposal by Committee Attorney Eldridge-Banack.
Rep. Pilotte seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule INT 2005-15 from the Lottery Commission ( Rules for Sales Agents). Georges Roy and Kassie Strong testified for the agency.
Sen. Larsen moved that the Committee approve Proposed Interim Rule INT 2005-15.
Rep. Taylor seconded.
Adopted.
Sen. Estabrook returned to
the meeting while the vote was taken.
17. The Committee discussed Proposed Interim Rule INT 2005-17 from the Department of Employment Security (Rules Concerning Appeals of Employer Liability Determinations, Appeal Tribunal Hearings, Approval of Fees, Petitions for Adoption, Amendment or Repeal of Rules, and Declaratory Rulings). Lon Siel testified for the agency.
Rep. Carson moved that the Committee approve Proposed Interim Rule INT 2005-17.
Rep. Dodge seconded.
Adopted.
18. The Committee discussed Proposed Interim Rule INT 2005-18 from the Department of Employment Security (Employer Requirements, Administration and Claimant Requirements). Lon Siel testified for the agency.
Rep. Carson moved that the Committee approve Proposed Interim Rule INT 2005-18.
Rep. Wall seconded.
Adopted.
19. The Committee discussed Proposed Interim Rule INT 2005-19 from the Department of Employment Security (Filing Requirements, Deduction and Withholding From Benefits, Voluntary Quit Without Good Cause, Leaving of Self-Employment or Closing Business, End of School Year). Lon Siel testified for the agency.
Rep. Dodge moved that the Committee approve Proposed Interim Rule INT 2005-19.
Rep. Carson seconded.
Adopted.
Sen. Estabrook left the
meeting after this vote.
20. The Committee discussed Final Proposal 2005-120 from the Fish and Game Department (Fish and Games Rules Relative to Falconry Rules and Camels). Sandra Falicon testified for the agency.
Sen. Estabrook returned during the discussion of this item.
Suzanne Fournier, representing Friends of Exhibited Animals in N.H., also testified.
Sen. Clegg moved that the Committee approve Final Proposal 2005-120.
Rep. Dodge seconded.
Adopted.
21. Lunch
break at 12:30 p.m.
22. Reconvening at 1:10 p.m., with Reps. Patten,
Sen. Clegg returned to the
meeting during the discussion of this item, and Sen. Letourneau arrived.
The following persons also testified:
Brian Lamy of
Rorie Hollenberg, representing the Office of Consumer Advocate.
Donald Pfundstein, of Gallagher, Callahan and Gartrell, representing Granite State Electric, and who also presented written testimony from Colin Owyang, counsel for Granite State Electric.
Donna Gamache, representing Public Service of N.H.
Jerry Eaton, representing Public Service of N.H.
Brian Lamy and Tom Franco of
Sen. Clark moved that the Committee make a preliminary objection to Final Proposal 2005-97 on the grounds as outline in public testimony and the annotations to the final proposal by Committee Attorney Eldridge-Banack.
Rep. Taylor seconded.
Adopted.
23. The Committee discussed the agenda for the continued Committee meeting on September 29, 2005.
It was the consensus of the Committee that the tabled Final Proposal 2005-121 be placed first, followed by the other postponed items.
24. The Committee discussed Proposed Interim Rule INT 2005-16 from the Pharmacy Board (Emergency Contraception - Collaborative Practice). Margaret A. Clifford testified for the agency.
Shannon McGinley of
Karen Testerman, representing Cornerstone Policy Research of Concord, N.H., registered her opposition to the rules, and included written testimony on her testimony card, but did not speak.
The Board had submitted an amended rule in what appeared to be a request for a conditional approval dated September 15, 2005.
Sen. Clegg moved that the Committee approve Proposed Interim Rule INT 2005-16 as originally proposed.
Rep. Taylor seconded.
Adopted.
**Rep.
Patten noted for the record that the vote was 6 "yes" and 4
"no", with Reps. Millham, Wall,
25.The Committee recessed at 3:15 p.m.
**CORRECTION:
At the Committee meeting on September 29,
2005, the Committee noted for the record that Rep. Millham had not been designated
as an alternate for this item, as she had been designated earlier as an
alternate for Sen. Letourneau, who was now present. Therefore, Rep. Millham could not vote on
Proposed Interim Rule INT 2005-16, so the final Committee vote was 5 “yes” and
4 “no” instead of 6 “yes” and 4 “no”.