JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 8, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Boyce, Kidder*, and
Sad*, and Sens. Fuller Clark, Merrill, and Carson. (*) Indicates
alternate member.
(**) 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 #5. However, that item was approved.)
1. The meeting was convened at 9:02 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Kidder, Sad, Schmidt, and Boyce.
Rep. Pilotte appointed Rep. Kidder, Rep.
Sad, and Rep. Boyce as alternates, respectively, for Rep. Millham, Rep.
Gottling, and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the Committee meeting on December 17, 2009.
Rep. Patten moved that the minutes be approved.
Rep. Schmidt seconded.
Adopted.
3. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Schmidt moved that the following items
be postponed to the regular Committee meeting on January 15, 2010:
17. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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18. Response to Preliminary Objection Made in
December 3, 2009 Meeting But Not Yet Received by Committee Staff: |
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(a)
OR 2009-116 |
INSURANCE DEPARTMENT New Hampshire Long-Term Care Partnership Program (JLCAR
Deadline March 9, 2010.) |
Rep. Patten seconded.
Adopted.
4. The Committee discussed Final Proposal
2009-156 from the Pease Development Authority (Moorings and Anchorages). Geno Marconi, Director of the Division of
Ports and Harbors, and Robert Cheney, special counsel, testified for the
Authority.
Sen. Fuller Clark, Sen. Merrill, and Sen.
Carson arrived during the discussion of this item. Rep. Kidder left during the discussion of
this item.
The Authority had requested a conditional
approval in a letter dated January 7, 2010 and amended rule dated January 8,
2010.
The following persons also testified:
Doreen Connor, Esq., representing Jack
and Betsy Krantz of
Jack Krantz of
Rep. Patten moved that the Committee accept
the conditional request and conditionally approve Final Proposal 2009-156 based
on the request.
Sen. Carson seconded.
Adopted.
Rep. Pilotte noted for the record that Sen. Fuller Clark and Rep. Sad
voted “no”, and Rep. Pilotte voted “yes”.
**5. After a break, with Reps. Pilotte, Patten,
Schmidt, and Sad, and Sen. Carson present, the Committee discussed Final
Proposal 2009-178 from the Department of Health and Human Services (Former
Division of Human Services, Emergency Assistance Program). Jennifer Jones and Carrie Nelson testified
for the Department.
Rep. Boyce and Sen. Merrill returned
to the meeting shortly after the discussion began, thereby creating a quorum as
noted by Rep. Pilotte.
Sarah Dustin also testified.
Rep. Patten moved that the Committee
approve Final Proposal 2009-178.
Sen. Carson seconded.
Adopted. Rep. Pilotte noted for the record that he
voted “no”.
6. The Committee discussed the response by
the Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2009-95 (Commissioner, Allocation and Distribution
of Incentive Fund Grants). Eileen Mullen
and Deanna Baker testified for the Department.
The Department had also submitted an
Amended Objection Response in a letter and amended rule dated December 29,
2009.
The following persons also testified:
Monica Zulauf, representing the YMCA
of Manchester, N.H.
Diane Gill, Human Services
Administrator for
Rep. Anne Grassie, representing N.H.
Children’s Trust Fund.
Keryn Bernard-Kriegl, representing
the N.H. Children’s Trust Fund.
Rep. Schmidt moved that the Committee
accept the Amended Objection Response and approve the rules.
Sen. Merrill seconded.
Adopted.
7. Rep. Patten moved that the Committee
adjourn.
Sen. Carson seconded.
Adopted.
The Committee adjourned at 11:35 a.m.,
thereby postponing consideration of the following item to the regular Committee
meeting on January 15, 2010:
OTHER BUSINESS |
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19. Other |
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