JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
OCTOBER 6, 2011
Members Present: Representatives Patten, Pilotte,
Schmidt, McGuire, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and Senators
Merrill, Groen, and Carson*. (*) Indicates alternate members.
(**)
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, which received a preliminary objection, but the
issue of Part 1, Article 28-a was not one of the bases for the objection.)
1. The
meeting was convened at 9:00 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
Kidder, Sad, Tremblay, and Winter, and Sens. Merrill, Groen, and
Rep.
McGuire arrived shortly after the Committee convened.
Rep.
Patten designated Rep. Kidder, Sen. Carson, Rep. Sad, and Rep. Winter as
alternates, respectively, for Rep. Manuse, Sen. White, Sen. Kelly, and Sen.
Lambert, who were absent. Rep. Tremblay
was therefore not a voting member.
Rep.
Manuse then arrived in the meeting, and therefore Rep. Kidder was no longer a
voting member.
2. The
Committee discussed the minutes of the Committee meeting on September 15, 2011.
Rep.
Pilotte moved that the minutes be approved.
Rep.
Winter seconded.
Adopted.
3. The
Committee discussed whether to postpone items to another meeting.
No
action to postpone was taken.
4. The
Committee discussed Final Proposal 2011-92 from the Department of Safety
(Authority to Cite Fire Safety Violator Rules).
Sheri Kelloway and State Fire Marshall William Degnan testified for the
Department.
Rep.
Schmidt moved that the Committee conditionally approve Final Proposal 2011-92
on the grounds that Saf-C 1102.02(a) be amended to replace the words “pursuant
to” with the words “and shall grant authority if the applicant complies with
the provisions of.”
Sen.
Merrill seconded.
Adopted.
**5. The Committee discussed Final Proposal 2011-93
from the Department of Safety (State Fire Code Rules). Sheri Kelloway and State Fire Marshal William
Degnan testified for the Department.
Rep. Patten noted that the Committee had
received a letter dated October 6, 2011 from B.J. Branch of Backus, Meyer, and
Branch, representing the Deerfield Fair Association.
Rep. Manuse moved that the Committee
make a preliminary objection to Final Proposal 2011-93 on the grounds that the
rules violated the public interest.
Rep. McGuire seconded.
The following persons then testified:
Harriet E. Cady, representing the
Deerfield Fair Association.
Rep. James Belanger.
Rep. Manuse amended his motion to
include that the rules were also contrary to the public interest by not being
capable of uniform application and leading to oral rulemaking.
Rep. McGuire amended her second.
After further discussion, Rep. Patten
restated Rep. Manuse’s motion that the Committee make a preliminary objection
to Final Proposal 2011-93 on the grounds that the rules were contrary to the
public interest under Committee Rules 403.01(d) [not being drafted in clear and
understandable language], and 403.02(b)(3) [not being capable of uniform enforcement],
contrary to legislative intent under Committee Rule 402.02(b)(2) [allowing for
oral rulemaking], and had a substantial economic impact not recognized in the
fiscal impact statement under Committee Rule 404.01(a), with a request for
clarification, in a detailed breakdown, of the differences between the
documents proposed to be incorporated by reference and the existing versions.
Rep. McGuire confirmed her second.
After a break, with Reps. Patten,
Pilotte, McGuire, Manuse, Kidder, Sad, and Winter, and Sens. Merrill, Groen,
and
Rep. Patten designated Rep. Kidder as an
alternate for Rep. Schmidt, who was now absent.
A roll call vote was taken. The vote was as follows:
|
Yes |
No |
|
|
|
Rep. Winter |
X |
|
Rep. Sad |
|
X |
Rep. Kidder |
X |
|
Rep. Manuse |
X |
|
Rep. McGuire |
X |
|
Rep. Pilotte |
X |
|
Rep. Patten |
X |
|
|
|
|
Sen. Merrill |
X |
|
Sen. Groen |
X |
|
Sen. Carson |
X |
|
|
|
|
Totals |
9 |
1 |
The vote was 9 “yes” and 1 “no”. The motion was adopted.
6. The Committee discussed the following items
from the Insurance Department:
|
|
FP 2011-75 |
Antifraud Plan Standards (JLCAR
Deadline October 13, 2011.) |
|
|
OR 2011-42 |
Coverage for Individuals Under the Age of
19 (JLCAR
Deadline November 22, 2011.) |
It was the consensus of the Committee to
request a waiver from the Acting Director of the Office of Legislative Services
from the October 13, 2011 deadline to act on Final Proposal 2011-75.
Rep. Pilotte moved that the Committee
postpone action on Final Proposal 2011-75 and Objection Response 2011-42 to the
next Committee meeting on October 20, 2011.
Rep. Sad seconded.
Adopted.
Rep. Manuse, Rep. Winter, and Rep. McGuire
left the meeting at this time.
7. The Committee discussed Final Proposal 2011-71
from the Assessing Standards Board (Certification of Assessors).
Rep. Patten recused herself as Committee
Chair in order to testify as the Board Chair.
Sen. Merrill as Committee Vice-Chair became Acting Chair of the
Committee for discussion of this item.
Stephan Hamilton also testified for the Board.
Sen. Groen moved that the Committee make a
preliminary objection to Final Proposal 2011-71 based on Committee staff’s
annotations.
Sen. Carson seconded.
Adopted.
Sen. Groen left the meeting at this time.
8. The Committee discussed the response by the
Department of Agriculture to the Committee’s preliminary objection to Proposed
Interim Rule INT 2011-20 (Certification Seal Rules). Commissioner Lorraine Merrill and Karen Soper
testified for the Department.
Sen. Carson moved that the Committee accept
the response and approve the rules.
Rep. Kidder seconded.
Adopted.
9. The Committee adjourned by consensus at 11:48
a.m., thereby postponing consideration of the following item to the Committee
meeting on October 20, 2011:
|
|
OTHER BUSINESS 17. Other |
|
|
|