JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

DECEMBER 21, 2006

 

 

Members Present:   Representatives Pilotte, Patten, MacKay, Mitchell, Schmidt, Carson*, and Millham*, and Senators DeVries, Cilley, Letourneau, Downing, and Kenney*.

                                 (*)  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 Items #9, #10, and #12 below.  However, Items #9 and #12 were approved, and Item #10 was conditionally approved on a ground unrelated to Part 1, Article 28-a.).

 

1.  The meeting was convened at 9:04 a.m. by Rep. Patten.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, MacKay, Mitchell, and Schmidt, and Senators Letourneau and Kenney.  Sens. Cilley and DeVries arrived shortly after the meeting was convened.

 

2.  The Committee discussed the election of a chairperson.

 

     Sen. DeVries moved to nominate Rep. Pilotte as Chairperson.

 

     Sen. Cilley seconded.

 

     Rep. Carson arrived during the discussion of this item.

 

     There were no other nominations.

 

     Adopted.

 

3.  The Committee discussed whether to postpone items to another meeting and discussed the appointment of alternates.

 

     Sen. Downing arrived during the discussion of this item.

 

     Rep. Pilotte appointed Sen. Kenney as an alternate for Sen. Clark, who was absent.

 

     No action to postpone was made at this time.

 

4.  The Committee discussed the election of a Vice-Chairperson.

 

     Sen. DeVries moved to nominate Sen. Clark as Vice-Chairperson.

 

     Sen. Kenney seconded.

 

     There were no other nominations.

 

     Adopted.

 

5.  The Committee discussed the minutes of the Committee meeting on November 16, 2006.

 

     Sen. Letourneau moved that the minutes be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

6.  The Committee discussed the following Final Proposals and Proposed Interim Rule (Consent Agenda – Final Proposals and Proposed Interim Rule):

 

FP 2006-78

BOARD OF NURSING

Terms, Organizational Rules

 

 

FP 2006-120

FISH AND GAME DEPARTMENT

Marine Rules – Cod Length and Recreational Season

 

 

FP 2006-125

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Wolf Hybrids

 

 

FP 2006-133

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Early and Periodic Screening, Diagnosis, and Treatment Services

 

 

FP 2006-141

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

General Program Information

 

 

FP 2006-148

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Manifest Rules – Definitions

 

 

FP 2006-149

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Manifest Rules

 

 

FP 2006-151

DEPARTMENT OF SAFETY

2006 Watercraft Restriction Rules

 

 

INT 2006-44

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules for Medical Assistance and Temporary

Assistance to Needy Families

 

     Sen. Kenney moved to take Final Proposal 2006-151 off the consent agenda.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Patten moved that the Committee approve the rest of the Consent Agenda.

 

     Rep. MacKay seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-151 from the Department of Safety (2006 Watercraft Registration Rules.).

 

     Sen. Kenney moved that the Committee make a preliminary objection to Final Proposal 2006-151, based on the concern expressed by the Committee about notice to affected municipalities.

 

     Rep. Patten seconded.

 

     Adopted.

 

8.  The Committee discussed scheduling of a continued meeting, subsequent regular meetings, and an orientation meeting.

 

     Rep. Millham arrived during this discussion.

 

     It was the consensus of the Committee that the Committee meet on the following dates (regular and continued meetings starting at 9:00 a.m.):

 

     January 4, 2007 at 1:00 p.m.                          Committee Orientation

     January 5, 2007                                             Continued Meeting

     January 19, 2007                                           Regular Meeting

     February 2, 2007                                           Continued Meeting

     February 16, 2007                                         Regular Meeting

     March 2, 2007                                              Continued Meeting

     March 16, 2007                                             Regular Meeting

 

**9.   The Committee discussed Final Proposal 2006-105 from the Department of Environmental Services (Water Quality and Quantity Programs, Best Management Practices for Groundwater Protection).  Gretchen Hamel and Diana Morgan testified for the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2006-105.

 

     Rep. Mitchell seconded.

 

     Adopted.

 

**10. The Committee discussed Final Proposal 2006-130 from the Department of Environmental Services (Division of Air Resources, Other Solid Waste Incineration (OSWI)).  Gretchen Hamel and Brian Jennison testified for the Department.

 

     The Department had requested a conditional approval in a letter and attached rule from Gretchen Hamel dated December 11, 2006.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2006-130 as requested.

 

     Rep. MacKay seconded.

 

     Adopted.

 

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

 

      Rep. Patten moved that the Committee postpone the following items to the continued meeting on January 5:

 

16.   PARI-MUTUEL COMMISSION

 

 

 

 

(a)  FP 2006-86

Bingo Games

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(b)  FP 2006-87

Lucky 7 Tickets

(JLCAR Deadline January 11, 2007.)

 

 

 

 

(c)  FP 2006-154

Games of Chance

(JLCAR Deadline January 15, 2007.  Existing interim rules expire January 21, 2007.)

 

 

 

 

17.    LUNCH BREAK

 

 

 

 

 

18.  DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

 

 

 

 

(a)  FP 2006-123

Livestock Events

(JLCAR Deadline January 11, 2007.  Former regular rules expired August 21, 2006.)

 

 

 

 

(b)  FP 2006-124

Docking Tails of Horses

(JLCAR Deadline January 11, 2007.  Former regular rules expired July 1, 2006.)

 

 

 

19.    FISH AND GAME DEPARTMENT

 

 

 

 

(a)  FP 2006-119

Use of Leashed Dogs for Tracking Big Game Animals

(JLCAR Deadline January 22, 2007.)

 

 

 

 

(b)  FP 2006-121

Snowshoe Hare

(JLCAR Deadline January 22, 2007.)

 

 

 

 

20.    INT 2006-42

PUBLIC UTILITIES COMMISSION

N.H. Code for Energy Conservation in New Building Construction

(JLCAR Deadline March 8, 2007.  Existing regular rules expire February 1, 2007.)

 

 

 

21.    Remaining Responses to Preliminary Objections made in November 16, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (a)  OR 2006-122

FISH AND GAME DEPARTMENT

State Managed Lands Rules Including Connecticut Lakes National Area

(JLCAR Deadline February 21, 2007.)

 

 

OTHER BUSINESS

 

 

22.    Other

 

 

 

     Sen. DeVries seconded.

 

     Adopted.

 

**12. The Committee discussed Final Proposal 2006-131 from the Department of Environmental Services (Division of Air Resources, Hospital/Medical/Infectious Waste Incineration).  Gretchen Hamel, Brian Jennison, and Todd Moore testified for the Department.

 

      Rep. Carson had left the meeting by this time.

 

      Rep. Patten moved that the Committee approve Final Proposal 2006-131.

 

      Rep. Mitchell seconded.

 

      Adopted.  Rep. Pilotte noted for the record that Rep. Schmidt voted “no”.

 

13.  The Committee discussed Final Proposal 2006-79 from the Board of Nursing (Practice and Procedure).  Margaret Walker represented the Board and Richard Nusbaum, contracting attorney for the Board, appeared with Ms. Walker.

 

      The Board had requested a conditional approval in a letter and attached rule dated December 20, 2006.

 

      Sen. Letourneau moved that the Committee conditionally approve Final Proposal 2006-79 as requested.

 

      Rep. Patten seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2006-80 from the Board of Nursing (Disciplinary Proceedings; Complaints; Investigations; Immediate License Suspension; Disciplinary Sanctions; License Surrender; Removal of Sanctions).  Margaret Walker represented the Board and Richard Nusbaum, contracting attorney for the Board, appeared with Ms. Walker.

 

      The Board had requested a conditional approval in a letter and attached rule dated December 20, 2006.

 

      Sen. Letourneau moved that the Committee conditionally approve Final Proposal 2006-80 as requested.

 

      Rep. Patten seconded.

 

      Adopted.

 

15.  The Committee resumed discussion on Final Proposal 2006-151 from the Department of Safety (2006 Watercraft Restriction Rules).  Marta Modigliani and Curtis Duclos testified for the Department.

 

      No further action was taken to reconsider the prior vote to make a preliminary objection.

 

16.  The Committee discussed Final Proposal 2006-132 from the Department of Safety (Restoration Fee Waiver Rules).  Sheri Kelloway testified for the Department.

 

      Sen. Kenney left the meeting during the discussion of this item.

 

      Sen. Letourneau moved that the Committee approve Final Proposal 2006-132.

 

      Rep. Mitchell seconded.

 

      Adopted.

 

17.  The Committee discussed Final Proposal 2006-138 from the Department of Safety (Administrative License Suspension Rules).  Marta Modigliani and Curtis Duclos testified for the Department.

 

      Rep. MacKay moved that the Committee conditionally approve Final Proposal 2006-138 on the condition that (1) the words “or revoke” be inserted after “suspend” in Saf-C 2801.01(a), (2) the words “or revoked” be inserted after “suspended” in Saf-C 2801.01(b), and (3) paragraph Saf-C 2804.10(g) be deleted.

 

      Rep. Patten seconded.

 

      Adopted.

 

18.  The Committee discussed postponement of more items to the continued meeting.

 

      Rep. Patten moved that the Committee postpone the following items to the continued meeting on January 5, 2007:

 

11. DEPARTMENT OF EMPLOYMENT SECURITY

 

 

(a)  INT 2006-45

Reimbursing Employers

(JLCAR Deadline March 8, 2007.  Most of HB 1588 effective January 1, 2007.)

 

 

(b)  INT 2006-46

Charging for Benefits in Cases of Two or More Concurrent Employers

 

(JLCAR Deadline March 8, 2007.  Most of HB 1588 effective January 1, 2007.)

 

 

12. FP 2006-139

DEPARTMENT OF LABOR

Safety and Health of Employees

(JLCAR Deadline January 5, 2007.  Former interim rules expired October 9, 2006.)

 

 

13. INT 2006-41

BOARD OF LICENSURE FOR LAND SURVEYORS

Rules Regarding Re-examinations, Fees, Disciplinary Matters

(JLCAR Deadline February 20, 2007.  Existing regular rules will expire January 12, 2007.)

 

 

14. Discussion of the following Final Proposal:

 

FP  2006-150

BOARD OF MEDICINE

Rules Regarding Practice and Procedures for Physicians Licensed in New Hampshire

(JLCAR Deadline January 25, 2007.  Existing interim rules expired December 13, 2006.)  NOTE:  This is a late-filed rule.  To be placed on the agenda and subject to JLCAR vote, the 14-day filing deadline under RSA 541-A:12, I must be waived by the Director of OLS after consultation with the Chair and Vice-Chair of JLCAR.

 

      Sen. DeVries seconded.

 

      Adopted.

 

19.  The Committee discussed Final Proposal 2006-152 from the Department of Safety (Rules for Railroad Police).  Marta Modigliani testified for the Department.

 

      Rep. Patten moved that the Committee approve Final Proposal 2006-152.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

20.  The Committee discussed Proposed Interim Rule INT 2006-43 from the Department of Health and Human Services (Former Division of Human Services, Services Limits, Non-Covered Services, and Co-Payments).  Lisabritt Solsky and Michael Holt testified for the Department.

 

      Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2006-43.

 

      Rep. MacKay seconded.

 

      Adopted.

 

21.  The Committee discussed postponement of the remaining items to another meeting.

 

      Rep. Patten moved that the Committee postpone action on the following items to the continued Committee meeting on January 5, 2007:

 

15. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(b)  Discussion on the following emergency rule effective December 1, 2006:

 

       Document #8769

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement Amendments

He-E 806.31

(No JLCAR Deadline.  Emergency rule will expire May 30, 2007.  JLCAR may only petition for repeal, if appropriate, pursuant to RSA 541-A:18, IV.)

 

(c)  FP 2006-134

Former Division of Human Services

Durable Medical Equipment, Prosthetic and Orthotic Devices, and Medical Supplies

(JLCAR Deadline January 19, 2007.  Former regular rules expired December 29, 2003.)

 

(d)  FP 2006-140

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control Activities

(JLCAR Deadline January 22, 2007.  Existing emergency rules expire January 13, 2007.)

 

 

      Sen. DeVries seconded.

 

      Adopted.

 

22.  The Committee recessed at 11:40 a.m.