JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 20, 2012
Members Present: Representatives Patten,
McGuire, Schmidt, Kidder*, Tremblay*, and Winter*, and Senators Merrill and
White. (*) 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 #10. However, that item was approved).
1. The
Committee began its discussion at 9:10 a.m. with Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. McGuire and Tremblay,
and Senator White.
A
quorum was not yet present, so the meeting could not be convened, motions made
and seconded, or votes taken.
2. The
Committee discussed Final Proposal 2011-139 from the Board of Education
(Proceedings and Denial, Suspension, or Revocation for Certified
Personnel). Dr. Judith Fillion of the
Department of Education testified for the Board.
Sen.
Merrill arrived during the discussion of this item.
Rep.
Schmidt arrived later, thereby establishing a quorum.
The
Committee recessed on this item.
3. The
meeting was now convened at 9:15 a.m. with Rep. Patten as Chair.
Members
now present, aside from Rep. Patten, were Reps. McGuire, Schmidt, and Tremblay,
and Sens. Merrill and White.
Rep.
Patten designated Rep. Tremblay as an alternate for Rep. Pilotte, who was
absent.
4. The
Committee resumed discussion of Final Proposal 2011-139 from the Board of
Education (Proceedings and Denial, Suspension, or Revocation for Certified
Personnel). Dr. Judith Fillion of the
Department of Education testified for the Board.
Rep.
McGuire moved that the Committee approve Final Proposal 2011-139.
Sen.
Merrill seconded.
Adopted.
5. The
Committee discussed the minutes of the Committee meeting on January 6, 2012.
Rep.
McGuire moved that the minutes by approved.
Rep.
Schmidt seconded.
Adopted.
6. The
Committee discussed the following Final Proposals (Consent Agenda – Final
Proposals):
|
|
FP 2011-94 |
BOARD OF LICENSING FOR FORESTERS Board of Licensing for Foresters Rules
Regarding Application/Licensure Fees, Renewal Notices, and Continuing
Education. |
|
|
FP 2011-143 |
DEPARTMENT OF EMPLOYMENT SECURITY Organizational Rules |
|
|
FP 2011-144 |
DEPARTMENT OF EMPLOYMENT SECURITY Definitions for Employer Requirements |
|
|
FP 2011-153 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Federal Standards Annual Update |
|
|
FP 2011-165 |
DEPARTMENT OF SAFETY Motor Vehicle Equipment Waiver Rules |
|
|
FP 2011-166 |
DEPARTMENT
OF SAFETY Permits for Hospital Emergency Lights Rules |
|
|
FP 2011-167 |
DEPARTMENT OF SAFETY Hardship Registration Rules |
|
|
FP 2011-170 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services |
|
|
FP 2011-171 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services |
|
|
Sen.
Merrill moved that the Committee approve the final proposals.
Rep.
Schmidt seconded.
Adopted.
7. The
Committee discussed whether to postpone action on certain items to another
meeting.
No
action to postpone was taken at this time.
8. The
Committee discussed Final Proposal 2011-158 from the Department of Safety
(Alcohol Ignition Interlock Device Rules).
Sheri Kelloway and Brad Fralick testified for the Department.
Sen.
Merrill moved that the Committee approve Final Proposal 2011-158.
Rep.
McGuire seconded.
Adopted.
9. The
Committee discussed the request by the Department of Safety to the Acting
Director of the Office of Legislative Services for an editorial change to
existing rule Saf-C 1408.01(b)(3)c. relative to a registration fee for a
carnival or amusement ride. Sheri
Kelloway testified for the Department.
It
was the consensus of the Committee to recommend to the Acting Director that the
requested change be considered an editorial change not requiring a rulemaking
proceeding to make.
**10. The
Committee discussed Final Proposal 2011-145 from the Department of Health and
Human Services (Former Division of Human Services, Determination of the
One-Third Reduction in the State Supplement Program (SSP) Grant). Maya Glover and Jennifer Jones testified for
the Department.
Sen.
Merrill moved that the Committee approve Final Proposal 2011-145.
Rep.
McGuire seconded.
Adopted.
11. The
Committee discussed Final Proposal 2011-169 from the Department of Health and
Human Services (Former Division of Human Services, Home Visiting New Hampshire
and Child/Family Health Care Support Services).
Michael Holt and Lisabrett Solsky testified for the Department.
The
following persons also testified:
Joann
Cobb, representing Child and Family Services.
Gina Belanger, representing the
Kerry Wiley, representing Home Visiting
N.H.
Cherie LeBel, representing Home Visiting
N.H.
Becky Berk, representing the N.H.
Children’s Trust, Inc., who also submitted written testimony.
The
Committee recessed, and returned after a break with Reps. Patten, McGuire,
Schmidt, and Tremblay, and Sen. White present.
Since a quorum was not present, no motions and seconds could be made or
votes taken.
Michael
Holt and Lisabritt Solsky resumed testimony for the Department.
Rep.
Kidder arrived at the meeting at this time, restoring the quorum. Rep. Patten designated Rep. Kidder as an
alternate for Rep. Manuse, who was absent.
Sen.
White moved that the Committee approve Final Proposal 2011-169.
Rep.
McGuire seconded.
Adopted.
12. The
Committee discussed Final Proposal 2011-163 from the Department of Health and
Human Services (Former Division of Human Services, Physician Services). Michael Holt testified for the Department.
Rep.
Schmidt moved that the Committee make a preliminary objection to Final Proposal
2011-163 on the ground as outlined in the annotation by Committee staff
relative to incorporation by reference of Internet content without a specific
date.
Rep.
McGuire seconded.
Adopted.
It
was the consensus of the Committee that the objection response would be on the
agenda of the continued Committee meeting scheduled for February 3, 2012.
13. The
Committee discussed Final Proposal 2011-164 from the Department of Health and
Human Services (Former Division of Public Health Services, Healthcare
Associated Infections Reporting).
Michael Holt and Kathryn Frey testified for the Department.
The
Department had requested a conditional approval in a letter and amended rule
dated January 19, 2012.
Sen.
White left the meeting during the discussion of this item. There was no quorum at that point.
After
further discussion, Rep. Winter arrived in the meeting, restoring the quorum.
Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-164 based on the request, with the further amendment to He-P 309.01(b) to insert the words “the material incorporated by reference in” after the words “defined by NHSN”.
Rep.
McGuire seconded.
Rep.
Patten designated Rep. Winter as an alternate for Sen. White, who was absent.
The
motion was adopted.
14. The
Committee recessed by consensus at 12:14 p.m.
It
was also the consensus of the Committee to meet on February 3, 2012 unless the
Department of Health and Human Services indicates to the Chair or Committee
staff that it can wait until the regular meeting on February 17, 2012 for
Committee action on the objection response to Final Proposal 2011-163.