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:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(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.)

 

 

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

 

 

(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 Henniker, N.H.

            Jack Krantz of Henniker, N.H.

 

     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 Rockingham County, representing the counties.

            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

 

19. Other