JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
SEPTEMBER 6, 2007
Members Present: Representatives
Pilotte, Patten, MacKay, and Millham*, and Senators Cilley, DeVries,
Letourneau, 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 9:14 a.m. by
Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, and Millham, and Sens. Cilley, DeVries, and Letourneau.
Rep. Pilotte appointed Rep. Millham as an alternate for Rep. Schmidt, who was absent.
2. The Committee discussed the minutes of the Committee meeting on August 16, 2007.
Rep. Patten moved that the minutes be approved.
Rep. Millham seconded.
Adopted.
3. The Committee discussed Proposed Interim Rule INT 2007-18 from the Department of Resources and Economic Development (Rules for the Job Training Grant Program). Leanne Lavoie testified for the Department.
Sen. Downing arrived as the discussion on this item began.
Sen. Cilley moved that the Committee approve Proposed Interim Rule INT 2007-18 with the recommendation that, in the regular rulemaking process, the Department would address the issues in the annotations by Administrative Rules Director Eaton and also clarify how the point scoring system in Res 2706.02 operates, including clarification of the scale categories in Res 2706.02(b) and how points are awarded in rating grant applications.
Sen. DeVries seconded.
Adopted.
4. The Committee discussed Final Proposal 2007-66 from the Board of Tax and Land Appeals (Rules Applicable to All Procedures). Board Chairman Paul Franklin, Anne Stelmach, and Melanie Ekstrom testified for the Board.
The Board had requested a conditional approval in a letter dated August 28, 2007 and amended rules dated August 15, 2007, and submitted an amended request dated September 5, 2007.
Rep. Millham moved that the Committee conditionally approve Final Proposal 2007-66 as requested.
Rep. Patten seconded.
Adopted.
5. The Committee discussed Final Proposal 2007-67 from the Board of Tax and Land Appeals (Procedural Rules for Specific Types of Appeals). Board Chairman Paul Franklin, Anne Stelmach, and Melanie Ekstrom testified for the Board.
The Board had requested a conditional approval in a letter dated August 28, 2007 and amended rules dated August 15, 2007, and submitted an amended request dated September 5, 2007.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-67 as requested.
Rep. Millham seconded.
Adopted.
6. The Committee discussed Final Proposal 2007-68 from the Board of Tax and Land Appeals (Notice of Tax Rate; Rules Governing Exemption Applications to Municipalities; Filing Fees). Board Chairman Paul Franklin, Anne Stelmach, and Melanie Ekstrom testified for the Board.
The Board had requested a conditional approval in a letter dated August 28, 2007 and amended rules dated August 15, 2007.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-68 as requested.
Sen. DeVries seconded.
Adopted.
7. After a break, with Reps. Pilotte, MacKay, and Millham, and Sens. Cilley, DeVries, Letourneau, and Downing present, the Committee discussed Proposed Interim Rule INT 2007-17 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Eligibility Determination and Service Planning for Individuals with an Acquired Brain Disorder). Michele Beasley and Ken Nielsen testified for the Department.
Sen. Downing moved that the Committee approve Proposed Interim Rule INT 2007-17.
Rep. MacKay seconded.
Adopted.
8. The Committee discussed Final Proposal 2007-21 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Medical Assistance Services Provided by Education Agencies). Ken Nielsen and Barbara Joyce Reed testified for the Department.
Daniel
Courter, representing MSB of Somersworth, testified for several
Rep. MacKay moved that the Committee make a preliminary objection to Final Proposal 2007-21 on the eleven issues in public testimony by Daniel Courter, annotations to the final proposal by Administrative Rules Director Eaton, and the discussion of Ken Nielsen and Barbara Joyce Reed relative to the annotations to He-M 1301.04(g) and He-M 1301.04(u)(5).
Sen. Downing seconded.
Adopted.
9. The Committee discussed Final Proposal 2007-84
from the Department of Health and Human Services (Former Division of Human
Services, Home Health Services). Michael
Holt testified for the Department.
Rep. Millham moved that the Committee
approve Final Proposal 2007-84.
Rep. MacKay seconded.
Adopted.
10. The Committee discussed Final Proposal 2007-85
from the Department of Health and Human Services (Former Division of Human
Services, New Hampshire Employment Program/Family Assistance Program). Michael Holt testified for the Department.
Rep. Millham moved that the Committee
approve Final Proposal 2007-85.
Sen. Downing seconded.
Adopted.
11. As other business, the Committee discussed a request
by Trudy Mott-Smith of the Department of Administrative Services, on behalf of
the Board of Managers of the Veterans’ Home, to the Director of the Office of
Legislative Services relative to an editorial change outside of rulemaking to
selected rules Ve-H 200. The Committee
had approved these rules as a consent item (Final Proposal 2006-181) on May 18,
2007. The Director of the Office of
Legislative Services had requested the Committee’s input about whether it
considered the changes as editorial (that is, not substantive). Trudy Mott-Smith testified.
Sen. Letourneau moved that the Committee
recommend to the Director that she accept as editorial changes the requested
changes from “attorney” to “representative” in Ve-H 200.
Sen. DeVries seconded.
Adopted.
12. Sen. DeVries moved that the Committee adjourn.
Sen. Downing seconded.
Adopted.
The
Committee adjourned at 12:09 p.m.