JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
OCTOBER 15, 2009
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*,
(**) Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Items 6 and 7. However, Item 6 was conditionally approved, and Item 7 was approved.)
1. The meeting was convened at 9:05 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Schmidt, Gottling, Millham, Kidder, and Sad.
Rep. Boyce arrived after the meeting was
convened.
Rep. Pilotte appointed Reps. Sad, Kidder,
and Boyce as alternates, respectively, for Sen. Fuller Clark, Rep. Patten, and
Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the Committee meeting on October 1, 2009.
Rep. Kidder moved that the minutes be approved, with the amendment to change “Rep. Patten” to “Rep. Pilotte” in Item #4 of the minutes.
Rep. Gottling seconded.
Adopted.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2009-111 |
INSURANCE DEPARTMENT Life Insurance and Annuities Replacement |
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FP 2009-113 |
DEPARTMENT OF SAFETY Commissioner Carnival Amusement Ride Fee Rules |
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FP 2009-121 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Admissions to Glencliff Home |
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FP 2009-122 |
PASSENGER
TRAMWAY SAFETY BOARD Passenger Tramway Fee Rules |
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FP 2009-140 |
STATE TREASURER Organization and Administration of the
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FP 2009-141 |
STATE TREASURER Procedural
Rules of the |
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FP 2009-145 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Water Quality and Quantity Programs Coastal Program Grant Rules |
Rep. Schmidt moved that the final proposals
be approved.
Rep. Gottling seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued Committee meeting on
October 29, 2009:
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9. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-68 |
Former Division of Mental Health and Developmental Services Complaint Resolution Procedures for Family Centered Early Supports and Services (JLCAR Deadline November 5, 2009.) |
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(b) FP 2009-69 |
Former Division of Mental Health and Developmental Services Family Centered Early Supports and Services (JLCAR Deadline November 5, 2009.) |
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(c) FP 2009-129 |
Former Division of Mental Health and Developmental Services Committee for the Protection of Human Subjects (JLCAR Deadline November 16, 2009.) |
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10. Response to Preliminary Objection Made in September
3, 2009 Meeting But Not Yet Received by Committee Staff: |
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OR 2009-79 |
PUBLIC UTILITIES COMMISSION Utility Pole Attachments (JLCAR
Deadline December 8, 2009.) |
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11. Response to Preliminary Objection Made in
September 17, 2009 Meeting But Not Yet Received by Committee Staff: |
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OR 2009-96 |
DEPARTMENT OF SAFETY Board of Electricians Practice and
Procedural Rules and Bureau of Electrical Safety and Licensing Rules (JLCAR
Deadline December 22, 2009.) |
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12. Responses to Preliminary Objections Made in
October 1, 2009 Meeting But Not Yet Received by Committee Staff: |
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(a) OR 2009-104 |
N.H. RETIREMENT SYTEM Code of Ethics (JLCAR Deadline January 5, 2010) |
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(b) OR 2009-95 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Allocation and Distribution of Incentive Fund Grants (JLCAR Deadline January 5, 2010.) |
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OTHER BUSINESS |
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13. Other |
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Rep. Boyce seconded.
Adopted.
5. The Committee discussed Proposed Interim Rule
INT 2009-18 from the Department of Environmental Services (Drinking Water Programs,
Privately Owned Water Redistribution Systems).
Gretchen Hamel testified for the Department.
The Department submitted an Amended
Proposed Interim Rule dated October 14, 2009.
Rep. Taylor arrived during the discussion
of this item.
Rep. Pilotte appointed Rep. Taylor as an
alternate for Sen. Merrill, who was absent.
Rep. Schmidt moved that the Committee
approve the Amended Proposed Interim Rule INT 2009-18.
Rep. Taylor seconded.
Adopted.
Sen. Cilley arrived in the meeting at this
time.
**6. The Committee discussed Final Proposal 2009-119
from the Department of Environmental Services (Drinking Water Programs,
Emergency Bulk Water Supply for Public Water Systems). Gretchen Hamel and James Tilley testified for
the Department.
The Department had submitted a request
for conditional approval in a letter and amended rule dated October 14, 2009.
Rep. Gottling moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-119 based on the request.
Rep. Taylor seconded.
Adopted.
**7. The Committee discussed Final Proposal 2009-120
from the Department of Environmental Services (Water Quality and Quantity
Programs, Large Groundwater Withdrawals).
Gretchen Hamel and Stephen Roy testified for the Department.
Sen. Cilley moved that the Committee
approve Final Proposal 2009-120.
Rep. Schmidt seconded.
Adopted.
8. The Committee discussed Final Proposal 2009-94
from the Department of Health and Human Services (Former Division of Human Services,
Dental Services). Dr. Margaret Snow and
Frank Nachman testified for the Department.
Written testimony dated September 16, 2009
had been submitted by N.H. Legal Assistance.
Sen. Cilley moved that the committee make a
preliminary objection to Final Proposal 2009-94 on the ground that the final
proposal was contrary to the public interest (1) by being unclear that
termination because of non-compliance with the rules would be due to the
recipient or the recipient’s parents having direct control of the circumstances
causing non-compliance, and (2) by being unclear what “direct control” means.
Rep. Taylor seconded.
On a show of hands, the vote was 3 “yes”
and 5 “no”, with the Chair not voting.
The motion was not adopted.
Rep. Millham moved that the Committee
approve Final Proposal 2009-94.
Rep. Schmidt seconded.
On a show of hands, the vote was 5 “yes”
and 4 “no”, with the Chair voting yes to break the tie.
The motion was adopted.
9. The Committee discussed Final Proposal 2009-58
from the Department of Health and Human Services (Former Division of Mental
Health and Developmental Services, Housing Security Guarantee Program). Raymond Perry and Kristina Riera testified
for the Department.
The Department had requested a conditional
approval in a letter and amended rule dated September 28, 2009.
Rep. Taylor left the meeting during the
discussion of this item.
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-58 based on the request.
Sen. Cilley seconded.
Adopted.
10. The Committee discussed Final Proposal
2009-101 form the Department of Health and Human Services (Former Division of
Public Health Services,
Sen. Cilley left the meeting, and Rep.
Taylor returned, as the discussion began on this item.
Rep. Millham moved that the Committee
approve Final Proposal 2009-101.
Rep. Sad seconded.
Adopted.
11. The Committee discussed Final Proposal
2009-114 (Former Division of Public Health Services, Rules for Hospitals). John Martin and Rodney Bascom testified for
the Department.
The Department had requested a conditional
approval in a letter and adopted rule dated September 28, 2009 and a revised
request for conditional approval in a letter and adopted rule dated October 14,
2009.
Rep. Schmidt moved that the Committee
accept the revised conditional approval request and conditionally approve Final
Proposal 2009-114 based on the request and recommend that the Department
initiate rulemaking to (1) amend He-P 300 to include the list of infections
hospitals must report, and (2) amend He-P 802.21(m) and (n) to include the cross
references to the rules in He-P 300 containing the list.
Rep. Millham seconded.
Adopted.
12. After a break, with Reps. Pilotte, Schmidt,
Gottling, Millham, Boyce, Kidder, and Sad present, the Committee discussed
whether to postpone further items to another meeting.
It was the consensus of the Committee to
postpone action on the following items to the next Committee meeting on October
29, 2009:
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7. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(f) FP 2009-124 |
Former Division of Human Services Pharmaceutical Services (JLCAR Deadline November 16, 2009.) |
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(g) FP 2009-125 |
Commissioner Drug Use Review Board (JLCAR Deadline November 16, 2009.) |
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(h) FP 2009-123 |
Former Division of Public Health Services Food Protection Program - Fee/Fine Increases (JLCAR Deadline November 16, 2009.) |
13. The Committee discussed Final Proposal
2009-128 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Community Mental Health Services).
Raymond Perry and Erik Riera testified for the Department.
Rep. Taylor returned to the meeting as the
discussion began on this item.
The Department had requested a conditional
approval in a letter and amended rule dated October 12, 2009, with a further
amendment orally to He-M 426.12(s) by replacing the words “file a complaint
pursuant to He-M 202” with “appeal pursuant to He-C 200”.
The following persons also testified:
Ken Lewis, representing N.H. Peer
Supports and Mental Health Peer Support.
Pat Tal, representing N.H. Peer
Supports and Mental Health Peer Support.
Denise Leville, representing Genesis
Behavioral Health of Laconia, N.H.
Jeanne Peschier, a client of
Riverbend,
Jay Couture, representing the N.H.
Community Behavioral Health Association.
Peter W. Janello, representing the
N.H. Community Behavorial Health Association.
Gail Coburn, representing the
Monadnock Family Services.
Written testimony was also provided by Michael
J. Cohen, representing the National Alliance on Mental Illness,
Rep. Boyce moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2009-128 based on the request, including the amendment to He-M 426.12(s).
Rep. Schmidt seconded.
Adopted.
Rep. Pilotte noted for the record that Reps. Millham and Taylor voted
“no”, and that Rep. Pilotte voted in the majority.
14. The Committee again discussed postponement of
items to the next Committee meeting.
Rep. Taylor moved that the Committee
postpone action on the following items, previously postponed by consensus, to
the continued Committee meeting on October 29, 2009:
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7. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
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(f) FP 2009-124 |
Former Division of Human Services Pharmaceutical Services (JLCAR Deadline November 16, 2009.) |
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(g) FP 2009-125 |
Commissioner Drug Use Review Board (JLCAR Deadline November 16, 2009.) |
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(h) FP 2009-123 |
Former Division of Public Health Services Food Protection Program - Fee/Fine Increases (JLCAR Deadline November 16, 2009.) |
Rep. Schmidt seconded.
Adopted.
15. Rep. Taylor moved that the Committee recess.
Rep. Schmidt seconded.
Adopted.
The Committee recessed at 1:19 p.m.