JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

REGULAR MEETING

TENTATIVE AGENDA

 

 

OCTOBER 15, 2009 - 9:00 a.m.

ROOMS 306/308 LEGISLATIVE OFFICE BUILDING

 

Senate Members of JLCAR

House Members of JLCAR

Jacalyn L. Cilley

Maurice L. Pilotte

Martha Fuller Clark

Peter B. Schmidt

Amanda Merrill

Betsey L. Patten

Robert J. Letourneau

Suzanne H. Gottling

Sharon M. Carson

Alida I. Millham

Kathleen G. Sgambati (Alt.)

Laurie J. Boyce (Alt.)

Matthew S. Houde (Alt.)

Kathleen N. Taylor (Alt.)

Betsi DeVries (Alt.)

Kimberley S. Casey (Alt.)

Michael Downing (Alt.)

Tara A. Sad (Alt.)

 

David H. Kidder (Alt.)

 

 

 

The times and order specified for the agenda and items listed below are only tentative.  The Committee may change the order or may change the amount of time allotted for such items.

 

 

1.    9:00 am    Convene and Review Minutes

  8.    1:00 pm    LUNCH BREAK

 

  9.    2:00 pm    FP's 2009-68, 69, & 129 He-M

Consent Agenda

10.    3:00 pm    OR's from 9-3-09 Meeting

2.    9:05 am    Final Proposals

11.    3:15 pm    OR's from 9-17-09 Meeting

3.    9:10 am    Objection Responses

12.    3:30 pm    OR's from 10-1-09 Meeting

4.    9:12 am    Preliminary Objections

 

 

Other Business

Regular Agenda

13.    3:45 pm    Other

5.    9:13 am    Postpone Items

 

6.    9:15 am    INT 2009-18 & FP 2009-119 Env-Dw,

 

                      & FP 2009-120 Env-Wq

 

7.    9:45 am    FP's 2009-94 He-W, 2009-58 He-M,

 

                      2009-101 & 114 He-P, 2009-128 He-M

 

                      2009-124 He-W, 2009-125 He-C,

 

                      & 2009-123 He-P

 

 

FP - Final Proposal

OR - Preliminary Objection Response

ROR - Revised Objection Response

ER - Emergency Rule

INT - Interim Rule

EXP - Expedited Repeal


1.   Convene and Review Minutes

 

JLCAR Deadlines Noted Below:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

 

CONSENT AGENDA

 

2.   Committee Approval of Final Proposals:

 

 

(a)  FP 2009-111

Approval

INSURANCE DEPARTMENT

Life Insurance and Annuities Replacement

(JLCAR Deadline October 29, 2009.)

 

 

(b)  FP 2009-113

Approval

DEPARTMENT OF SAFETY

Commissioner

Carnival Amusement Ride Fee Rules

(JLCAR Deadline November 9, 2009.)

 

 

(c)  FP 2009-121

Approval

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Admissions to Glencliff Home

(JLCAR Deadline November 13, 2009.)

 

 

(d)  FP 2009-122

Approval

PASSENGER TRAMWAY SAFETY BOARD

Passenger Tramway Fee Rules

(JLCAR Deadline October 29, 2009.)

 

 

(e)  FP 2009-140

Approval

STATE TREASURER

Organization and Administration of the New Hampshire State Treasury

(JLCAR Deadline November 16, 2009.)

 

 

(f)  FP 2009-141

Approval

STATE TREASURER

Procedural Rules of the New Hampshire State Treasury

(JLCAR Deadline November 16, 2009.)

 

 

(g)  FP 2009-145

Approval

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Coastal Program Grant Rules

(JLCAR Deadline November 16, 2009.)

 

 

3.   Committee Acceptance of Agency Responses to Objections:

 

 

(No Items)

 

 

 

4.   Committee Issuance of Preliminary or Revised Objections to Final Proposals:

 

(No Items)

 

 

NOTE:

 

The following proposals were conditionally approved by the Committee on the dates indicated.  Also noted are whether there are agency responses and subsequent confirmation by the Office of Legislative Services that the proposals have been amended as conditionally approved.  No further Committee action is required in that case.

 

Conditionally Approved July 16, 2009:

 

FP 2009-28

BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS

Renewal, Continuing Education, Reinstatement, Ongoing Requirements

(Response received 9-18-09 and confirmed 9-23-09.)

 

 

Conditionally Approved September 3, 2009:

 

 

FP 2008-185

DEPARTMENT OF JUSTICE

Victims' Compensation

(Response received 9-16-09 and confirmed 9-18-09.)

 

 

Conditionally Approved September 17, 2009:

 

 

FP 2009-77

DEPARTMENT OF SAFETY

Driver Education Rules

(Response received 10-6-09 and confrmed 10-7-09.)

 

 

FP 2009-115

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Special Supplemental Nutrition Program for Women, Infants and Children (WIC)

(Response received 9-18-09 and confirmed 9-18-09.)

 

 

Conditionally Approved October 1, 2009:

 

 

FP 2009-103

N.H. RETIREMENT SYSTEM

Participation in the NHRS

(Response received 10-13-09 and confirmed 10-13-09.)

 

 

FP 2009-91

INSURANCE DEPARTMENT

Purchasing Alliances

(Response received 10-7-09 and confirmed 10-9-09.)

 

 

REGULAR AGENDA

 

5.   Consider postponing action on certain items to another meeting.

 

 

6.   DEPARTMENT OF ENVIRONMENTAL SERVICES

 

 

(a)  INT 2009-18

Amended INT - Approval

Drinking Water Programs

Privately Owned Water Redistribution Systems

(JLCAR Deadline December 31, 2009.  Rule implements 2008, 279:1-9, effective July 1, 2009.)

 

 

(b)  FP 2009-119

Conditional Approval

Drinking Water Programs

Emergency Bulk Water Supply for Public Water Systems

(JLCAR Deadline November 16, 2009.)

 

 

(c)  FP 2009-120

Approval

Water Quality and Quantity Programs

Large Groundwater Withdrawals

(JLCAR Deadline November 16, 2009.)

 

 

7.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-94

Approval

Former Division of Human Services

Dental Services

(JLCAR Deadline October 19, 2009.)

(Formerly Item 11(b) on 9-17-09 and 10-1-09 agendas.)

 

 

(b)  FP 2009-58

Conditional Approval

Former Division of Mental Health and Developmental Services

Housing Security Guarantee Program

(JLCAR Deadline October 19, 2009.)

(Formerly Item 13(a) on 9-17-09 and 10-1-09 agendas.)

 

 

(c)  FP 2009-101

Approval

Former Division of Public Health Services

Educational Health Centers and Adult Day Programs

(JLCAR Deadline October 19, 2009.)

(Formerly Item 13(c) on 9-17-09 and 10-1-09 agendas.)

 

 

(d)  FP 2009-114

Conditional Approval with Recommendation

Former Division of Public Health Services

Rules for Hospitals

(JLCAR Deadline October 19, 2009.)

(Formerly Item 13(d) on 9-17-09 and 10-1-09 agendas.)

 

 

(e)  FP 2009-128

Conditional Approval

Former Division of Mental Health and Developmental Services

Community Mental Health Services

(JLCAR Deadline November 16, 2009.)

 

 

(f)  FP 2009-124

Postponed to 10/29/09 Continued Meeting

Former Division of Human Services

Pharmaceutical Services

(JLCAR Deadline November 16, 2009.)

 

 

(g)  FP 2009-125

Postponed to 10/29/09 Continued Meeting

Commissioner

Drug Use Review Board

(JLCAR Deadline November 16, 2009.)

 

 

(h)  FP 2009-123

Postponed to 10/29/09 Continued Meeting

Former Division of Public Health Services

Food Protection Program - Fee/Fine Increases

(JLCAR Deadline November 16, 2009.)

 

 

8.   LUNCH BREAK

 

 

9.   DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-68

Postponed to 10/29/09 Continued Meeting

Former Division of Mental Health and Developmental Services

Complaint Resolution Procedures for Family Centered Early Supports and Services

(JLCAR Deadline November 5, 2009.)

 

 

(b)  FP 2009-69

Postponed to 10/29/09 Continued Meeting

Former Division of Mental Health and Developmental Services

Family Centered Early Supports and Services

(JLCAR Deadline November 5, 2009.)

 

 

(c)  FP 2009-129

Postponed to 10/29/09 Continued Meeting

Former Division of Mental Health and Developmental Services

Committee for the Protection of Human Subjects

(JLCAR Deadline November 16, 2009.)

 

 

10. Response to Preliminary Objection Made in September 3, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2009-79

Postponed to 10/29/09 Continued Meeting

PUBLIC UTILITIES COMMISSION

Utility Pole Attachments

(JLCAR Deadline December 8, 2009.)

 

 

11. Response to Preliminary Objection Made in September 17, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2009-96

Postponed to 10/29/09 Continued Meeting

DEPARTMENT OF SAFETY

Board of Electricians Practice and Procedural Rules and Bureau of Electrical Safety and Licensing Rules

(JLCAR Deadline December 22, 2009.)

 

 

12.   Responses to Preliminary Objections Made in October 1, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-104

Postponed to 10/29/09 Continued Meeting

N.H. RETIREMENT SYSTEM

Code of Ethics

(JLCAR Deadline January 5, 2010)

 

 

(b)  OR 2009-95

Postponed to 10/29/09 Continued Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Allocation and Distribution of Incentive Fund Grants

(JLCAR Deadline January 5, 2010.)

 

 

OTHER BUSINESS

 

13. Other