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 |
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FP 2006-120 |
FISH AND GAME DEPARTMENT Marine Rules – Cod Length and Recreational Season |
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FP 2006-125 |
DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD Wolf Hybrids |
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FP 2006-133 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Early and Periodic Screening, Diagnosis, and Treatment Services |
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FP 2006-141 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services General Program Information |
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FP 2006-148 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Hazardous Waste Manifest Rules – Definitions |
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FP 2006-149 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Waste Management Hazardous Waste Manifest Rules |
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FP 2006-151 |
DEPARTMENT OF SAFETY 2006 Watercraft Restriction Rules |
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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 |
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(a)
FP 2006-86 |
Bingo Games (JLCAR Deadline January 11, 2007.) |
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(b)
FP 2006-87 |
Lucky 7 Tickets (JLCAR Deadline January 11, 2007.) |
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(c)
FP 2006-154 |
Games of Chance (JLCAR
Deadline January 15, 2007. Existing
interim rules expire January 21, 2007.) |
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17. LUNCH BREAK |
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18. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD |
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(a)
FP 2006-123 |
Livestock Events (JLCAR Deadline January 11, 2007.
Former regular rules expired August 21, 2006.) |
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(b)
FP 2006-124 |
Docking Tails of Horses (JLCAR Deadline January 11, 2007.
Former regular rules expired July 1, 2006.) |
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19. FISH AND GAME DEPARTMENT |
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(a)
FP 2006-119 |
Use of Leashed Dogs for Tracking Big Game
Animals (JLCAR
Deadline January 22, 2007.) |
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(b)
FP 2006-121 |
Snowshoe Hare (JLCAR
Deadline January 22, 2007.) |
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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.) |
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21. Remaining
Responses to Preliminary Objections made in November 16, 2006 Meeting But Not
Yet Received by Committee Staff. |
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(a) OR 2006-122 |
FISH AND GAME DEPARTMENT State Managed
Lands Rules Including (JLCAR Deadline February 21, 2007.) |
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OTHER BUSINESS |
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22. Other |
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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 |
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(a)
INT 2006-45 |
Reimbursing Employers (JLCAR
Deadline March 8, 2007. Most of HB
1588 effective January 1, 2007.) |
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(b)
INT 2006-46 |
Charging for Benefits in Cases of Two or
More Concurrent Employers |
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(JLCAR
Deadline March 8, 2007. Most of HB
1588 effective January 1, 2007.) |
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12. FP
2006-139 |
DEPARTMENT
OF LABOR Safety
and Health of Employees (JLCAR Deadline January 5, 2007. Former interim rules expired October 9,
2006.) |
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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.) |
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14. Discussion
of the following Final Proposal: |
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FP
2006-150 |
BOARD OF MEDICINE Rules
Regarding Practice and Procedures for Physicians Licensed in (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 |
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(b)
Discussion on the following emergency rule effective December 1, 2006: |
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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.) |
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(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.) |
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(d)
FP 2006-140 |
Former Division of Public Health Services Financial Assistance to Partially (JLCAR Deadline January 22, 2007. Existing emergency rules expire January 13,
2007.) |
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Sen. DeVries seconded.
Adopted.
22. The Committee recessed at 11:40 a.m.