JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

 

Action Minutes

 

SEPTEMBER 16, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Casey*, Kidder*, and Sad*, and Senators Fuller Clark, Letourneau, Carson, Cilley, and Merrill.  (*)  Indicates alternate members.

 

(**)  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. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Gottling, Casey, Kidder, and Sad.

 

     Rep. Pilotte appointed Reps. Sad, Kidder, and Casey as alternates, respectively, for Sen. Merrill, Rep. Millham, and Sen. Fuller Clark, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on September 2, 2010.

 

     Rep. Sad moved that the minutes be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals and Proposed Interim Rule (Consent Agenda – Final Proposals and Proposed Interim Rule):

 

FP 2010-62

PUBLIC UTILITIES COMMISSION

Competitive Natural Gas Supplier and Aggregator Rules

 

 

FP 2010-74

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Revisions to Statewide Air Permit System

 

 

FP 2010-75

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Amendments Relating to Permit-By-Notification; Determination of Actual Emissions for Use in Calculating Emission-Based Fee

 

 

FP 2010-76

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Sand and Gravel Sources; Non-Metallic Mineral Processing Plants; Cement & Concrete Sources

 

 

FP 2010-83

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Telephone Redeterminations

 

 

FP 2010-85

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Personal Interview Requirements in the Adult Categories of Financial and Medical Assistance and the Requirements for Excluding Certain Income in the Food Stamp Program

 

 

FP 2010-86

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Personal Needs Allowance

 

 

FP 2010-88

BOARD OF REGISTRATION IN OPTOMETRY

Application for TPA Certification and Approved Continuing Education for Optometrists

 

 

INT 2010-13

DEPARTMENT OF EMPLOYMENT SECURITY

Successive Benefit Year Earnings Requirement

 

 

 

     Rep. Schmidt moved that the Final Proposals and Proposed Interim Rule be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Patten moved that the Committee postpone action on the following items to the continued meeting on October 7, 2010:

 

13. FP 2010-79

FISH AND GAME DEPARTMENT

Fish and Game Licenses and Permits; Hunt of a Lifetime Exception

(JLCAR Deadline October 11, 2010.)

 

 

14. DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  FP 2010-77

Water Quality and Quantity Programs

Winnipesaukee River Basin Program Rules

(JLCAR Deadline October 18, 2010.)

 

 

 

 

(b)  FP 2010-81

Air Related Programs

Nitrogen Oxides (NOx) Reasonably Available Control Technology (RACT)

(JLCAR Deadline October 18, 2010.)

 

 

15. Response to Revised Objections Made In August 19, 2010 and September 2, 2010 Meetings But Not Yet Received by Committee Staff:

 

 

(a)  ROR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(JLCAR Deadline November 23, 2010.)

 

 

(b)  ROR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(JLCAR Deadline December 7, 2010.)

 

 

OTHER BUSINESS

 

16. Other

 

 

     Rep. Schmidt seconded.

 

     Adopted.

 

5.  The Committee discussed Proposed Interim Rule INT 2010-11 from the Department of Revenue Administration (Medicaid Enhancement Tax (MET)).  John Hayes testified for the Department.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2010-11.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

6.  The Committee discussed Proposed Interim Rule INT 2010-12 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Certification Standards for Behavioral Health Community Residences).  Maya Glover testified for the Department.

 

     The Department submitted a request for conditional approval in a letter dated September 10, 2010 and amended rule dated September 9, 2010.

 

     Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Proposed Interim Rule INT 2010-12 based on the request.

 

     Rep. Gottling seconded.

 

     Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2010-14 from the Fish and Game Department (Commercial Fisherman Sustainability).  Sandra Falicon and Douglas Grout, Chief of the Marine Division, testified for the Department.

 

     The Department had requested a conditional approval with an amended rule dated September 14, 2010.

 

     Rep. Kidder left the meeting during the discussion of this item, and Sen. Carson, Sen. Letourneau, and Sen. Fuller Clark arrived.

 

     Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Cilley, who was absent.

 

     Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Proposed Interim Rule INT 2010-14 based on the request, with the understanding that there should be statutory changes to RSA 206:10 relative to the Executive Director’s rulemaking authority and RSA 541-A:19, I relative to bases for interim rulemaking in order to address Department distribution of Federal grants.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2010-58 from the Board of Education (Endorsement for Reading and Writing Teacher).  Mary Mayo represented the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2010-58.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2010-37 from the Board of Education (Definitions and Parental Consent).  Mary Mayo and Santina Thibodeau testified for the Department.

 

     Amy Messer testified for the Disabilities Rights Center.

 

     Sen. Merrill arrived during the discussion of this item.  Rep. Sad was no longer a voting member.

 

     The Department submitted a conditional approval request with an amended rule.

 

     Rep. Patten moved that the Committee accept the conditional approval request, with the exception of the proposed deletion of text from Ed 1102.01(s) and insertion of a new section Ed 1108.02, and conditionally approve the rule based on the request, as amended.

 

     Sen. Carson seconded.

 

     Adopted.

 

10.  The Committee briefly discussed Final Proposal 2010-67 from the Insurance Department (New Hampshire Medical Malpractice Joint Underwriting Plan), as Rep. Pilotte outlined the schedule for reviewing the Final Proposal at this meeting.

 

      No action was taken at this time.

 

11.  After a break, with Reps. Pilotte, Patten, Schmidt, Gottling, Casey, Kidder, and Sad, and Senators Fuller Clark, Letourneau, Carson, Cilley, and Merrill present, the Committee discussed Final Proposal 2010-67 from the Insurance Department (New Hampshire Medical Malpractice Joint Underwriting Plan).  Commissioner Roger Sevigny and Deputy Commissioner Alex Feldvebel testified for the Department.

 

      During the discussion of this item, Sen. Letourneau and Rep. Patten left the meeting shortly before the lunch break.

 

      The Committee recessed for lunch at 12:05 p.m.

 

12.  Reconvening at 1:07 p.m., with Reps. Pilotte, Patten, Schmidt, Kidder, and Sad, and Sens. Fuller Clark, Carson, and Merrill present, the Committee resumed discussion of Final Proposal 2010-67 from the Insurance Department (New Hampshire Medical Malpractice Joint Underwriting Plan).  Deputy Commissioner Alex Feldvebel and General Counsel Chiara Dolcino testified for the Department.

 

      Rep. Gottling, Sen. Cilley, and Sen. Letourneau returned to the meeting as the discussion began.  Rep. Sad at this time was not a voting member.

 

      William Ardinger, of Rath, Young, and Pignatelli, P.C., testified as an examiner for the Insurance Department.

 

      Sen. Cilley and Sen. Letourneau left the meeting before a subsequent break.

 

      After a break, with Reps. Pilotte, Patten, Gottling, Schmidt, Casey, and Kidder, and Sens. Merrill and Carson present, the Committee began to take public testimony.  Sens. Letourneau, Cilley, and Fuller Clark returned to the meeting shortly after the public testimony began.  Rep. Sad returned to the meeting during the public testimony.  Rep. Sad and Rep. Casey were not voting members at this time.

 

      The following persons testified:

            Henry Lipman, representing LRGHealthcare.

            Kevin Fitzgerald, representing policy holders of the Joint Underwriting Association.

 

      After another break, with Reps. Pilotte, Patten, Schmidt, Gottling, Casey, Kidder, and Sad, and Sens. Fuller Clark, Cilley, Letourneau, Carson, and Merrill present, the Committee resumed discussion of Final Proposal 2010-67.  Rep. Casey and Rep. Sad were not voting members at this time.

 

      Sen. Letourneau moved that the Committee recess on Final Proposal 2010-67 until 9:00 a.m. on Thursday, September 23, and that only those persons who had filled out testimony cards for today’s meeting would be allowed to speak.

 

      Rep. Patten seconded.

 

      After further discussion, Sen. Letourneau amended his motion to move that the Committee recess on Final Proposal 2010-67 until 9:00 a.m. on Friday, September 24, and that only those persons who had filled out testimony cards for today’s meeting would be allowed to speak.

 

      Rep. Patten amended her second.

 

      After further discussion, Sen. Letourneau amended his motion to move that the Committee recess on Final Proposal 2010-67 until 12:00 noon on Friday, September 24, and that only those persons who had filled out testimony cards for today’s meeting would be allowed to speak.

 

      Rep. Patten amended her second.

 

      The motion as amended was adopted.

 

      After further discussion, Sen. Letourneau moved that only those members of the public who had filled out testimony cards for today’s meeting would be allowed to speak at the meeting on September 24, and that a speaker at today’s meeting would not be allowed to testify again except to answer specific questions for the speaker by Committee members.

 

      Rep. Schmidt seconded.

 

      After further discussion, Sen. Letourneau amended his motion to move that those who had filled out testimony cards at today’s meeting, as well as new speakers, would be allowed to speak at the meeting on September 24, but that a speaker at today’s meeting would not be allowed to testify again except to answer specific questions for the speaker by Committee members.

 

      Rep. Schmidt seconded.

 

      The motion as amended was adopted.

 

13.  The Committee recessed at 4:50 p.m.