Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

NOVEMBER 16, 2006

 

 

Members Present:   Representatives Patten, Allan, Millham, Pilotte*, and Dokmo*, and Senators Flanders and Letourneau.  (*)  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 9:10 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Millham, and Pilotte, and Sens. Flanders and Letourneau.

 

     Rep. Patten appointed Rep. Pilotte as an alternate for Rep. Taylor, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on October 19, 2006.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals (Consent Agenda – Final Proposals):

 

FP 2006-83

HEALTH SERVICES PLANNING AND REVIEW BOARD

ESWL Services

 

 

FP 2006-84

HEALTH SERVICES PLANNING AND REVIEW BOARD

Megavoltage Radiation Therapy Services

 

 

FP 2006-103

DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD

Facilities and Operating Standards Relative to Pet Shops and Adopting

Animal Shelters in New Hampshire

 

 

FP 2006-127

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Rights of Persons Receiving Mental Health Services in the Community

 

     Rep. Allan moved that the final proposals be approved.

 

     Sen. Flanders seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone items to another meeting.

 

     No action to postpone was taken.

 

5.  The Committee discussed Final Proposal 2006-66 (Slip Permits; State-Owned Residential Piers) and Final Proposal 2006-77 (Moorings and Anchorages) from the Pease Development Authority.  Robert Cheney of Sheehan, Phinney, Bass, and Green testified for the Authority.

 

     Rep. Dokmo arrived during the discussion of these items.

 

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

 

     Rep. Allan moved that the Committee approve Final Proposal 2006-77.

 

     Sen. Flanders seconded.

 

     Adopted.

 

6.  The Committee continued discussion on Final Proposal 2006-66 from the Pease Development Authority (Slip Permits; State-Owned Residential Piers).  Robert Cheney testified for the Authority.

 

     Rep. Dokmo moved that the Committee approve Final Proposal 2006-66.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-116 from the Office of Energy and Planning (Allocation of Funds to Regional Planning Commissions).  Amy Ignatius testified for the agency.

 

     Rep. Dokmo moved that the Committee approve Final Proposal 2006-116.

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2006-118 from the Fish and Game Department (Furbearer Rules (Weasel, Fisher, Coyote) and Trapping on State Managed Lands).  Sandra Falicon testified for the agency.

 

     Sen. Flanders moved that the Committee approve Final Proposal 2006-118.

 

     Rep. Allan seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2006-122 from the Fish and Game Department (State Managed Lands including Connecticut Lakes Natural Area).  Sandra Falicon testified for the agency.

 

     The Department submitted a request for conditional approval in an amended rule dated November 16, 2006.

 

     Rep. Patten read into the record written testimony from Rep. Gene Chandler on behalf of the Connecticut Lakes Headwaters Citizen Advisory Committee.

 

     Sen. Letourneau moved that the Committee (1) make a preliminary objection to Final Proposal 2006-122 on the grounds as outlined in the annotations to the Final Proposal by Administrative Rules Director Eaton and written public input from Rep. Chandler, and (2) request the Department to bring the Final Proposal and its conditional approval request to the Advisory Committee for its review and input.

 

     Rep. Allan seconded.

 

     Adopted.

 

10.  The Committee discussed Proposed Interim Rule INT 2006-40 from the Department of Environmental Services (Wetlands Programs, Wetlands In-Lieu Fee Rules).  Gretchen Hamel and Lori Sommer testified for the agency.

 

      Rep. Dokmo moved that the Committee approve Proposed Interim Rule INT 2006-40.

 

      Rep. Millham seconded.

 

      Adopted.

 

11   The Committee discussed Final Proposal 2006-128 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Rights of Persons in State Mental Health Facilities).  Raymond Perry and Maralyn Doyle testified for the agency. 

 

      Rep. Dokmo moved that the Committee approve Final Proposal 2006-128.

 

      Rep. Millham seconded.

 

      Adopted.

 

12.  The Committee adjourned at 10:10 a.m., with the understanding that the previously scheduled continued Committee meetings on November 30 and December 7 would not be held.