JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
DECEMBER 1, 2011
Members Present: Representatives Patten,
Pilotte, Schmidt, Manuse, Kidder*,
(**) 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 Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Kidder, Sad,
Winter, and Tremblay, and Sen. Carson.
Rep.
Schmidt arrived in the meeting shortly after the meeting convened.
Rep.
Patten designated Sen. Carson, Rep. Kidder, and Rep. Tremblay as alternates,
respectively, for Sen. White, Rep. McGuire, and Sen. Lambert, who were absent.
Sen.
Kelly arrived in the meeting at this time.
Rep.
Sad and Rep. Winter were not voting members at this time.
2. The
Committee discussed the minutes of the Committee meeting on November 17, 2011.
Rep.
Pilotte moved that the minutes be approved.
Rep.
Schmidt seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
Committee meeting.
No
action to postpone was taken at this time.
4. The
Committee discussed the proposed meeting schedule for the Committee in 2012 as
reviewed in the Committee meeting on November 17, 2011.
Rep.
Schmidt moved that the Committee approve the meeting schedule, with the
understanding that there is currently no scheduled continued meeting date
between the February 17, 2012 and March 16, 2012 regular meeting dates.
Rep.
Kidder seconded.
Adopted.
Rep.
Patten directed Committee staff to remind the Committee in February 2012 that
no continued meeting was yet scheduled between the February 17, 2012 and March
16, 2012 regular meeting dates.
5. The
Committee discussed the response of the Pharmacy Board to the Committee’s
preliminary objection to Final Proposal 2011-41 (Unused Prescription Drug
Program Rules). James Queenan, Executive
Director of the Board, testified for the Board.
Sen.
Merrill and Rep. Manuse arrived in the meeting as the discussion began on this
item.
Rep.
Schmidt moved that the Committee accept the response and approve the rules,
with a request to the Acting Director of the Office of Legislative Services
that she accept as an editorial change the insertion in Ph 1409.01(h) of the
correction citation of the rule of the Department of Environmental Services as
noted in the annotation by Committee staff.
Sen.
Carson seconded.
Adopted.
6. The
Committee discussed the response of the Department of Safety to the Committee’s
preliminary objection to Final Proposal 2011-93 (State Fire Code Rules). State Fire Marshal William Degnan and Sheri
Kelloway testified for the Department.
Sen.
Groen and Rep. Taylor arrived in the meeting as the discussion began on this
item. Rep. Taylor was not a voting
member at this time.
Rep.
Winter left the meeting during the discussion of this item.
The
Committee took a break in the discussion.
After the break, with Reps. Patten, Pilotte, Schmidt, Manuse, Kidder,
Taylor, and Tremblay, and Sens. Groen, Kelly, and Carson present, the following
persons testified in the following order:
Mark
Tibbets,
Shawn
Murray representing the N.H. Fire Chiefs Association.
Richard
Shaefer, Hopkinton Fire Chief, representing the Hopkinton Fire Department.
Les
A. Cartier, retired Fire Chief of the Candia Volunteer Fire Department.
Richard
Wood, Nashua Fire Marshal, representing Nashua Fire Rescue.
Wendy
Smigelski, representing the N.H. Department of Health and Human Services.
Sen.
Merrill had returned to the meeting during the testimony by Mark Tibbets.
The following persons registered their support of the rules but did not speak:
Robert
Dunn, of Devine Millimet, representing the N.H. Health Care Association.
Kevin
Pratt, Raymond Fire Chief, representing the Town of
The following persons had submitted written
testimony prior to the meeting:
Steven Cutter, representing
Leslie Melby, representing the N.H.
Hospital Association.
Les A. Cartier, retired Fire Chief
of the Candia Volunteer Fire Department.
John D. Ela, representing Epoch
Corporation of
Richard M. Heath, representing the
N.H. Board of Fire Control.
Lawrence Thibodeau, representing
Hampshire Fire Protection Co., Inc.
Virginia M. Barry, Commissioner of
Education, representing the N.H. Department of Education.
Nicholas J. Cricenti and Jeffrey M.
Murphy, Fire Protection Engineers.
It
was the consensus of the Committee to postpone action on this item to the
regular Committee meeting on December 15, 2011.
7. Rep.
Pilotte moved that the Committee adjourn.
Sen. Kelly seconded.
Adopted.
The
Committee adjourned at 12:15 p.m., thereby postponing action on the following
items to the Committee meeting on December 15, 2011:
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14. OR 2011-71* |
ASSESSING STANDARDS BOARD Certification of Assessors (JLCAR
Deadline January 10, 2012.) *Response not yet filed. |
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15. Discussion and approval of amended Drafting and Procedure Manual for Administrative Rules. |
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OTHER BUSINESS 16. Other |
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