Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

OCTOBER 5, 2006

 

 

Members Present:   Representatives Patten, Allan, Carson*, Pilotte*, Dokmo*, Mitchell*, and MacKay*, and Senators Flanders, Clegg, Letourneau, Estabrook, and Larsen*.

(*)  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 9:00 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, MacKay, Carson, Pilotte, and Dokmo, and Sen. Flanders.

 

     Rep. Patten appointed Reps. MacKay, Pilotte, Carson, and Dokmo as alternates, respectively, for Rep. Millham, Rep. Taylor, Sen. Clegg, and Sen. Letourneau, who were absent.

 

2.  The Committee discussed the minutes of the regular Committee meeting on September 21, 2006.

 

     Sen. Flanders moved that the minutes be approved.

 

     Rep. Allan seconded.

 

     Rep. Letourneau arrived in the meeting at this time.

 

     The motion was adopted.

 

     Senators Clegg and Estabrook and Rep. Mitchell arrived at this time.

 

     Rep. Patten appointed Rep. Mitchell as an alternate for Rep. Wall, who was absent.

 

     Since Sen. Clegg was now present, Rep. Patten appointed Rep. Carson as an alternate for Sen. Clark, who was absent.

 

     Since Sen. Letourneau was now present, Rep. Dokmo was not a voting member at this point.

 

3.  The Committee discussed Proposed Interim Rule INT 2006-37 from the Department of Health and Human Services (Former Division of Human Services, The Deficit Reduction Act of 2005 and Temporary Assistance to Needy Families (TANF) Program Changes).  Terry Smith and Laura Collins testified for the Department.

 

     Commission John Stephen had submitted a letter to Rep. Patten dated October 4, 2006, which Rep. Patten read into the record.

 

     Keith Bates, representing the N.H. Local Welfare Association, had submitted written testimony in a letter to Rep. Patten dated September 20, 2006.

 

     Jacqueline Whitnough, representing the City of Concord, had submitted written testimony in a letter to Rep. Patten dated September 20, 2006. 

 

     The following persons also testified:

 

            Jonathan Baird, representing N.H. Legal Assistance and the Family Assistance Advisory Council.

 

            Theresa de Langis, representing the Governor’s TANF Advisory Council.

 

            Christen Bergeron, liaison between the Governor’s Office & the Governor’s TANF Advisory Council.

 

     Sen. Larsen arrived during the testimony of Jonathan Baird.

 

     After a break, with Reps. Patten, Allan, MacKay, Carson, Pilotte, and Mitchell present, and Sens. Flanders, Clegg, Letourneau, Estabrook, and Larsen present, the Committee resumed hearing public testimony.

 

     Rep. Patten read into the record the written testimony of Martha Yager, representing AFSC-NH.

 

     Sara Dustin then testified.

 

     Rep. Dokmo returned to the meeting during the testimony of Sara Dustin.

 

     Laura Collins, Terry Smith, and Lynn Wilder then testified for the Department and submitted proposed amendments to the rules.

 

     Rep. Patten appointed Sen. Larsen instead of Rep. Carson as an alternate for Sen. Clark, who was still absent.  Rep. Carson was therefore not a voting member at this point.

 

     Sen. Clegg moved that the Committee conditionally approve Proposed Interim Rule INT 2006-37 as requested by the Department in its written amendments, with the exception of the amendment to He-W 655.03(b), and on the grounds that references to “medical assistance” be removed, and that He-W 655.03(b) and He-W 655.01(a) be deleted from the proposal.

 

     Sen. Flanders seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

YES

NO

Rep. Patten

X

 

Rep. Allan

X

 

Rep. Pilotte

 

X

Rep. Mitchell

 

X

Rep. MacKay

X

 

 

 

 

Sen. Flanders

X

 

Sen. Clegg

X

 

Sen. Letourneau

X

 

Sen. Estabrook

 

X

Sen. Larsen

 

X

 

 

 

Total

6

4

 

     The vote was 6 “yes” and 4 “no”.

 

     The motion was adopted.

 

4.  Sen. Clegg moved that the Committee postpone action on the following items to the regular Committee meeting on October 19, 2006:

 

4.      OR 2006-92

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Assisted Living Residence - Supported Residential Health Care

(JLCAR Deadline December 26, 2006.)

 

5.      Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)

 

 

OTHER BUSINESS

 

6.      Other

 

 

     Rep. Allan seconded.

 

     Adopted.

 

5.  The Committee adjourned at 12:36 p.m.