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
Expiring Rules Related to the Definition of Assistance Group for Financial and Medical Assistance, and Living with a Specified Relative in the Financial Assistance to Needy Families (FANF) Program

 

 

FP 2011-171

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services
Social Security Life Expectancy Table Reference Update

 

 

 

     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 Family Resource Center, who read and submitted written testimony from James E. Michalik, Executive Director.

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.