JOINT
LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 5, 2007
Members Present: Representatives
Pilotte, Patten, MacKay, Schmidt, Powers*, and Casey*, and Senators Fuller
Clark, Cilley, DeVries, Letourneau, and Downing. (*) Indicates
alternate members.
(**)
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 meeting was convened at 9:05 a.m. by Rep.
Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, Powers, and Casey, and Sens. DeVries and Downing.
Rep. Pilotte appointed Rep. Casey as an alternate for Rep. Mitchell, who was absent.
Rep. Pilotte then appointed Rep. Powers as an alternate for Sen. Fuller Clark, who also was absent.
Sens. Letourneau, Fuller Clark, and Sen. Cilley arrived shortly after the appointment, so Rep. Powers was not voting.
2. The Committee discussed re-scheduling the regular meeting on January 19, 2007.
It was the consensus of the Committee to re-schedule the regular meeting to January 18, 2007.
Rep. Patten moved that the Committee request the Director of the Office of Legislative Services to waive, pursuant to RSA 541-A:40, IV, the 14-day filing deadline for (1) final proposals filed on January 5, 2007 pursuant to RSA 541-A:12, I, and (2) proposed interim rules filed on January 5, 2007 pursuant to RSA 541-A:19, I, so that such rules could be placed on the agenda for January 18, 2007.
Sen. Fuller Clark seconded.
Adopted.
Rep. Patten moved that the Committee request the Director of the Office of Legislative Services to waive, pursuant to RSA 541-A:40, IV, the 7-day minimum notice period for notice in the Rulemaking Register for proposed interim rules filed on January 4, 2007 pursuant to RSA 541-A:19, V.
Sen. Fuller Clark seconded.
Adopted.
3. The Committee discussed the minutes of the Committee meeting of December 21, 2006.
Sen. Fuller Clark moved that the minutes be approved.
Rep. Patten seconded.
Adopted.
4. The Committee discussed the response of the Fish and Game Department to the Committee’s preliminary objection to Final Proposal 2006-122 (State Managed Lands Rules Including Connecticut Lakes National Area) (Consent Agenda – Responses to Objections).
Rep. Patten moved that the Committee accept the response and approve the rules.
Rep. MacKay seconded.
Adopted.
5. The Committee discussed Final Proposal 2006-123 from the Department of Agriculture, Markets, and Food (Livestock Events) (Consent Agenda – Preliminary or Revised Objections).
Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2006-123 on the grounds as outlined in the annotations to the final proposal by Administrative Rules Director Eaton.
Sen. Fuller Clark seconded.
Adopted.
6. The Committee
discussed whether to postpone action on certain items to another meeting.
No action was taken to postpone at this
time.
7. The Committee discussed Proposed Interim Rule
INT 2006-45 from the Department of Employment Security (Reimbursing Employers). Lon Siel testified for the Department.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2006-45.
Sen. Fuller Clark seconded.
Adopted.
8. The Committee discussed Proposed Interim Rule
INT 2006-46 from the Department of Employment Security (Charging for Benefits
in Cases of Two or More Concurrent Employers).
Lon Siel testified for the Department.
Sen. Fuller Clark moved that the Committee
approve Proposed Interim Rule INT 2006-46.
Rep. Patten seconded.
Adopted.
9. The Committee discussed Final Proposal
2006-139 from the Department of Labor (Safety and Health of Employees). Cynthia Flynn testified for the Department.
Rep. Patten moved that the Committee
approve Final Proposal 2006-139.
Rep. MacKay seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule
INT 2006-41 from the Board of Licensure for Land Surveyors (Rules Regarding
Re-examinations, Fees, Disciplinary Matters).
Louise Lavertu testified for the Board.
Sen. Letourneau moved that the Committee
approve Proposed Interim Rule INT 2006-41.
Sen. Fuller Clark seconded.
Adopted.
11. The Committee discussed Final Proposal
2006-150 from the Board of Medicine (Rules Regarding Practice and Procedures
for Physicians Licensed in
This was a late-filed rule. To be placed on the agenda so as to be
subject to a Committee vote, the 14-day filing deadline under RSA 541-A:12, I
had to be waived by the Director of the Office of Legislative Services after
consultation with the Chair and Vice-Chair of the Committee.
Sen. Fuller Clark left the meeting to
consult with the Director.
12. After a break, with Reps. Pilotte, Patten,
MacKay, Schmidt, Powers, and Casey, and Sens. Fuller Clark, DeVries, Cilley,
Letourneau, and Downing present, the Committee discussed changes to rules of
the House of Representatives pursuant to a memorandum of October 24, 2006 from
Speaker Scamman to Rep. Patten as Chair of the study committee established by
HB 1351 on how to improve the processes of the Committee.
No further action was taken.
13. The Committee discussed Final Proposal
2006-134 from the Department of Health and Human Services (Former Division of
Human Services, Durable Medical Equipment, Prosthetic and Orthotic Devices, and
Medical Supplies).
Rep. Thomas E. Donovan testified.
Sen. Fuller Clark moved that the Committee
recess on this item to later in the meeting.
Rep. Patten seconded.
Adopted.
14. The Committee discussed Final Proposal
2006-150 from the Board of Medicine (Rules Regarding Practice and Procedures
for Physicians Licensed in
Prior to this discussion the Director of
the Office of Legislative Services had waived, pursuant to RSA 541-A:40, IV,
the 14-day deadline under RSA 541-A:12, I, so this item was now on the agenda
and could be voted upon.
Sen. Fuller Clark moved that the Committee
make a preliminary objection to Final Proposal 2006-150 on the grounds as
outlined in the annotations to the final proposal by Committee Attorney
Morrell.
Sen. Letourneau seconded.
Adopted.
15. The Committee discussed an emergency rule He-E
806.31 (Document #8769, effective 12-1-06) filed by the Department of Health
and Human Services (Former Division of Elderly and Adult Services, Nursing
Facility Reimbursement Amendments).
Douglas McNutt and Lisabritt Solsky testified for the Department.
No further action was taken.
16. The Committee discussed Final Proposal
2006-134 from the Department of Health and Human Services (Former Division of
Human Services, Durable Medical Equipment, Prosthetic and Orthotic Devices, and
Medical Supplies).
The Committee by consensus reconvened on
this item.
Rep. MacKay left the meeting as the
discussion began. Rep. Pilotte appointed
Rep. Powers as an alternate for Rep. MacKay.
The following members of the public
testified:
Tim Gormley, representing the State
Council on Aging.
Rep. Suzanne Butcher.
Carol Stamatakis, representing the N.H.
Council on Developmental Disabilities.
Sharron Quirk,
representing the National Multiple Sclerosis Society, Central New England
Chapter.
Jerry Deschamps.
Michelle
Winchester, representing the Institute for Health, Law and Ethics of the
Bill Godfrey.
Ken Mailloux, representing FSIL-SILC.
Cindy Robertson, representing the
Disabilities Rights Center, Inc.
Kristin Phillips.
Dawn-Marie Look.
Joel S. Look.
Diana Morin.
Maureen Stimpson registered her opposition
to the rules but was not present to testify at the time she was called.
For the record Sen. Fuller Clark submitted
e-mail and other letters received from the following members of the public in
opposition to the rules:
Brenda Libby.
Gregg and Linda Sargent.
Carol Wright.
Sandra Scruton.
Diana Morin.
Joanne Dodge.
Cathy Spinney.
Crystol J. Grimes.
Wayne Goss.
Terry Skinner.
Pete Eldredge.
Lisabritt Solsky, Jane Hybsch, and
Jonathan Gallo testified for the Department.
The Department had submitted a conditional
approval request in a letter and attached rule dated January 2, 2007.
Sen. Letourneau moved the question.
Rep. Patten seconded.
Adopted.
Sen. DeVries moved that the Committee make
a preliminary objection to Final Proposal 2006-134 on the grounds identified in
public testimony.
Sen. Downing seconded.
Adopted.
Rep. Pilotte noted for the record that Rep. Schmidt and Sen. Letourneau
voted “no”.
No further action was taken to reconsider
the prior vote to make a preliminary objection.
17. Lunch break at 1:50 p.m.
18. Reconvening at 2:33 p.m., with Reps. Pilotte,
Schmidt, Powers, and Casey, and Sens. Downing and Cilley present, the Committee
discussed Final Proposal 2006-86 from the Pari-Mutuel Commission (Bingo Games).
Sens. Letourneau and DeVries arrived as
the discussion on this item began.
The
following members of the public testified:
Richard L. Bouley, representing Anagnost
Companies.
Patricia Haskins, representing Anagnost
Companies, Bingo Hall.
Joanne Zevos, representing Anagnost
Companies, Manchester Bingo.
Sheri Eldridge and Sadir Naik, Deputy
Director of the Commission, then testified.
Sen. DeVries moved that the Committee make
a preliminary objection to Final Proposal 2006-86 on the grounds as stated in
public comment and recommend that Pari 1014.01 be amended to specify delayed
implementation of the use of new forms for an instructional period.
Sen. Cilley seconded.
After further discussion, Sen. DeVries
withdrew her motion and Sen. Cilley her second, and Sen. DeVries moved that the
Committee recess on this item so that the agency could develop a request for
conditional approval.
Rep. Casey seconded.
Adopted.
19. The Committee discussed Final Proposal
2006-140 from the Department of Health and Human Services (Former Division of
Public Health Services, Financial Assistance to Partially Fund Towns or Cities
for Mosquito Control Activities).
Lisabritt Solsky testified for the Department.
Rep. Casey moved that the Committee
postpone action on this item to its meeting on January 18.
Sen. DeVries seconded.
Adopted.
Rep. Pilotte noted for the record that the vote was 6 “yes” and 2 “no”,
with Sens. Downing and Letourneau voting “no”.
20. The Committee discussed again Final Proposal
2006-86 from the Pari-Mutuel Commission (Bingo Games). Sheri Eldridge and Sadir Naik, Deputy
Director, testified for the Commission.
Sheri Eldridge requested a conditional
approval on behalf of the Commission to make the following changes: (1) replace the words “penalties of false
swearing under RSA 641:2 or” with “penalty of” in the certification statements
contained in the rules noted in the annotations to the final proposal by
Committee Attorney Morrell; and (2) insert a new paragraph Pari 1014.01(c) to
read: “Notwithstanding (a) above, until July 1, 2007, charitable organizations
may continue to use the following: (1) A.-39; (2) Bingo Monthly Financial
Report; and (3) Carryover Coverall Monthly Financial Report.”
Rep. Casey left during the discussion of
this item.
Sen. DeVries moved that the Committee
conditionally approve Final Proposal 2006-86 as requested.
Rep. Schmidt seconded.
Adopted.
21. The Committee discussed Final Proposal 2006-87
from the Pari-Mutuel Commission (Lucky 7 Tickets). Sheri Eldridge and Sadir Naik, Deputy Director,
testified for the Commission.
Sheri Eldridge requested a conditional
approval on behalf of the Commission, to make the following changes: (1)
replace the words “penalties of false swearing under RSA 641:2 or” with
“penalty of” in the certification statements contained in the rules noted in
the annotations to the final proposal by Committee Attorney Morrell; and (2)
insert a new paragraph Pari 1111.01(c) to read: “Notwithstanding (a) above,
until July 1, 2007, charitable organizations may continue to use the Lucky 7
Monthly Financial Report.”
Sen. DeVries moved that the Committee
conditionally approve Final Proposal 2006-154 as requested.
Sen. Downing seconded.
Adopted.
22. The Committee discussed Final Proposal
2006-154 from the Pari-Mutuel Commission (Games of Chance). Sheri Eldridge and Sadir Naik, Deputy
Director, testified for the Commission.
The following persons also testified:
Richard L. Bouley, representing Universal
Gaming.
Alex Koutroubas, representing Universal
Gaming.
Sen. DeVries moved that the Committee make
a preliminary objection to Final Proposal 2006-154 based on annotations to the
final proposal by Committee Attorney Morrell, and on public comment, with a
special concern regarding the lack of consistency in who pays for license fees
compared with who pays for a bond, uniform application of the rules, and due
process.
Rep. Powers seconded.
Adopted.
23. The Committee discussed Final Proposal
2006-124 from the Department of Agriculture (Docking Tails of Horses).
Sen. Downing moved that the Committee
approve Final Proposal 2006-124.
Rep. Powers seconded.
Adopted.
24. The Committee discussed Final Proposal
2006-121 from the Fish and Game Department (Snowshoe Hare). Sandra Falicon testified for the Department.
The Committee also briefly discussed Final
Proposal 2006-119 from the Fish and Game Department (Use of Leashed Dogs for
Tracking Big Game Animals).
Sen. Cilley left the meeting prior to the
motion and vote on Final Proposal 2006-121.
Sen. Letourneau moved that the Committee
approve Final Proposal 2006-121.
Sen. Downing seconded.
Adopted.
Rep. Pilotte noted for the record that there were 2 “no” votes, one of
which was by Rep. Powers.
25. Rep. Schmidt moved that that the Committee
postpone action on the following items to the next Committee meeting on January
18, 2007:
|
15. (d) FP 2006-140 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Financial Assistance to Partially (JLCAR Deadline
January 22, 2007. Existing emergency
rules will expire January 13, 2007.) |
|
19. (a) FP 2006-119 |
FISH
AND GAME DEPARTMENT Use of Leashed Dogs for Tracking Big Game Animals (JLCAR Deadline January 22, 2007.) |
|
20. INT
2006-42 |
PUBLIC
UTILITIES COMMISSION N.H.
Code for Energy Conservation in New Building Construction (JLCAR Deadline March 8, 2007. Existing regular rules will expire February
1, 2007.) |
Sen. Downing seconded.
Adopted.
26. Sen. Letourneau moved that the Committee
adjourn.
Sen. Downing seconded.
Adopted.
The Committee adjourned at 5:20 p.m.