JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

SEPTEMBER 2, 2010

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, Taylor*, Kidder*, and Sad*.  (*)  Indicates alternate members.

 

(**)  Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting (See Item #7.  However, that item was approved.)

 

1.  The meeting was convened at 9:08 a.m. by Rep. Pilotte as Vice-Chair.

 

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

 

     Rep. Pilotte appointed Rep. Kidder and Rep. Sad as alternates, respectively, for Rep. Patten and Sen. Merrill, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on August 19, 2010.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Gottling seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone items to another meeting.

 

     No action to postpone was taken at this time.

 

4.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2010-26 (Commissioner, Submission of Health Care Facility Financial Data).

 

     Rep. Schmidt moved that the Committee accept the response and approve the rules.

 

     Rep. Sad seconded.

 

     Adopted.

 

5.  The Committee discussed the response of the Board of Mental Health Practice to the Committee’s preliminary objection to Final Proposal 2008-166 (Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees).  Joan Staigers Haley, Board Chairperson, David Braiterman, Board Member, and Peggy Lynch, Staff Member, testified for the Board.  Anne Edwards, from the Department of Justice, also testified for the Board.

 

     Rep. Taylor arrived during the discussion of this item.  Rep. Pilotte appointed Rep. Taylor as an alternate for Sen. Cilley, who was absent.

 

     The following persons also testified:

            Rep. Ken Weyler.

            Dr. Deborah Warner, representing the Board but as a dissenting vote.

            Dr. Michael Philips, representing the N.H. Psychological Association.

 

     The following persons registered their support for the rules but did not speak:

            Sheila Renaud-Finnegan, representing the Board.

            Dr. Gail Mears, representing the Board.

            Phyllis W. Mackey.

 

     On behalf of the Board, Joan Staigers Haley requested a revised objection to Objection Response 2008-166 based on the annotations to the rules by Committee staff and on public testimony.

 

     Rep. Taylor moved that the Committee make a revised objection to Objection Response 2008-166 as requested by the Board.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

6.  After a break, with Reps. Pilotte, Schmidt, Gottling, Millham, Kidder, and Sad present, the Committee discussed Final Proposal 2010-23 from the Department of Safety (Various Road Toll Administrative Rules).  Marta Modigliani and Scott R. Bryer represented the Department.

 

     Ms. Modigliani requested a conditional approval, on behalf of the Department, to (1) replace the word “error” with the words “failure to complete a required field” in Saf-C 302.01(a)(7); (2) replace the phrase “from the political subdivision agency” with the phrase “from the agency of a political subdivision” in Saf-C 305.05(d); and (3) insert the word “shipped” after the word “direct” in Saf-C 311.07(a)(2)d.

 

     Rep. Millham moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-23 based on the request.

 

     Rep. Gottling seconded.

 

     Adopted.

 

**7. The Committee discussed Final Proposal 2010-40 from the Department of Safety (Emergency Medical Services).  Sheri Kelloway and Suzanne Prentiss testified for the Department.

 

     Rep. Taylor returned to the meeting during the discussion of this item.

 

     Joanne Erickson also testified.

 

     Janet Houston, representing N.H. EMS for Children, registered her support of the rules but did not speak.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2010-40.

 

     Rep. Sad seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2010-9 from the Board of Registration of Funeral Directors and Embalmers (Practice and Procedure).  Randy S. Gordon, Board member, testified for the Board.

 

     Rep. Gottling moved that the Committee approve Proposed Interim Rule INT 2010-9.

 

     Rep. Millham seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2010-64 from the Department of Justice (Land Sales Full Disclosure Rules).  David Rienzo represented the Department but did not speak.

 

     The Department had submitted a request for conditional approval in a letter dated August 27, 2010 and amended rules.

 

     Rep. Millham moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-64 based on the request.

 

     Rep. Kidder seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2010-65 from the Department of Justice (Condominium Rules).  David Rienzo testified for the Department.

 

      The Department had requested a conditional approval in a letter dated August 27, 2010 and amended rules dated August 25, 2010.

 

      Mr. Rienzo indicated the Department would also be willing to delete Jus 1411.01(a)(5).

 

      Rep. Schmidt moved that the Committee accept the conditional approval request, with the further amendment to delete Jus 1411.01(a)(5), and renumber the subsequent subparagraphs accordingly, and conditionally approve Final Proposal 2010-65 based on the request, as amended.

 

      Rep. Gottling seconded.

 

      Adopted.

 

11.  The Committee discussed the following two emergency rules filed by the Department of Employment Security:

 

Doc. #9761

Effective 7-26-10

Coordination of Emergency Unemployment Compensation with Regular Compensation

 

 

Doc. #9764

Effective 7-30-10

Emergency Unemployment Compensation and the State-Federal Extended Benefits Program

 

      Lon Siel testified for the Department.

 

      It was the consensus of the Committee to take no further action.

 

12.  Rep. Millham moved that the Committee adjourn.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      The Committee adjourned at 12:39 p.m.