Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

DECEMBER 22, 2005

 

 

Members Present:   Representatives Patten, Taylor, Allan, Carson*, Millham*, and Pilotte,* and Senators Flanders, Letourneau, Estabrook, and Clegg.  (*) Indicates alternate member.

 

(**)  Indicates where Part 1, Article 28-a was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The recessed meeting from December 15 was convened at 9:06 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Taylor, Allan, Carson, Pilotte, and Millham, and Sens. Flanders, Clegg, and Estabrook.

 

     Rep. Patten appointed Reps. Carson, Millham, and Pilotte as alternates, respectively, for Rep. Bicknell, Sen. Letourneau, and Rep. Wall, who were absent.

    

2.  The Committee discussed the minutes of the regular Committee meeting on December 15, 2005.

 

     Rep. Taylor moved that the minutes be approved.

 

     Rep. Carson seconded.

 

     Adopted.

 

3.  The Committee discussed Final Proposal 2005-104 from the Board of Education (Administration in Public Schools).  Sarah L. Browning testified for the agency.

 

     Sen. Letourneau arrived during the discussion of this item.

 

     Rep. Patten appointed Rep. Millham as an alternate for Sen. Clark, who was absent.

 

     Sen. Estabrook and Clegg left during the discussion of this item.

 

     Rep. Carson moved that the Committee make a preliminary objection to Final Proposal 2005-104 to address Committee concerns to Ed 301.01(a) introductory language and (a)(5), Ed 311.01, Ed 311.02(f) and (g); and Ed 311.02 (k).

 

     Sen. Letourneau seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2005-145 from the Department of Resources and Economic Development (Rules for the Division of Parks and Recreation).  Chris Gamache testified for the agency.

 

     Sen. Estabrook returned to the meeting during the discussion of this item.

 

Sen. Letourneau moved that the Committee approve Final Proposal 2005-145.

 

Rep. Allan seconded.

 

Adopted.

 

5.  The Committee discussed Final Proposal 2005-137 from the Insurance Department (Ins 1902 Minimum Standards for Medicare Policies Issued Prior to Adoption of Insurance Regulation Ins 1905).  Deborah O’Loughlin and Maureen Hartsmith testified for the agency.

 

      Rep. Taylor moved that the Committee conditionally approve Final Proposal 2005-137 in order to (1) remove the language “for approval by the Commissioner” in Ins 1902.09(g); (2) delete Ins 1902.10 in order to remove the language “obtain prior written approval of the commissioner” in Ins 1902.10; (3) delete Ins 1902.13; (4) delete Ins 1902.19; (5) add a reference to Ins 1905 in Ins 1902.09 (f)(6); and (6) delete Ins 1902.14.

 

     Sen. Flanders seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2005-138 from the Insurance Department (Ins 1903 Medicare Supplement Insurance).  Deborah O’Loughlin and Maureen Hartsmith testified for the agency.

 

     Rep. Taylor moved that the Committee conditionally approve Final Proposal 2005-138 on the condition that Ins 1903.06 and Ins 1903.08 be deleted.

 

     Sen. Flanders seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2005-164 from the College Tuition Savings Plan Advisory Commission (New Hampshire College Tuition Savings Plan Unique Annual Allocation Program).  State Treasurer Michael Ablowich and Edward R. MacKay testified for the agency.

 

     The agency submitted a written request for conditional approval with proposed amendments to Final Proposal 2005-164.

 

     Sen Estabrook moved that the Committee conditionally approve Final Proposal 2005-164 as requested.

 

     Rep. Carson seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2005-165 from the College Tuition Savings Plan Advisory Commission (New Hampshire College Tuition Savings Plan Unique Endowment Allocation Program).  State Treasurer Michael Ablowich and Edward R. MacKay testified for the Agency.

 

     The agency submitted a written request for conditional approval with proposed amendments to Final Proposal 2005-165.

 

     Sen. Flanders moved that the Committee conditionally approve Final Proposal 2005-165 as requested.

 

      Sent Estabrook seconded.

 

     Adopted.

 

     Sen. Estabrook and Rep. Carson left the meeting at this time.

 

9.    The Committee discussed the response of the Department of Health and Human Services to the Committee’s revised objection to Final Proposal 2005-150 (Former Division of Public Health Services, Newborn Screening and Newborn Hearing Screening).  Kathryn Frey and Lisa Bujno testified for the agency.

 

     Rep. Carson returned to the meeting during the discussion of this item.

 

     Rep. Taylor moved that the Committee accept the response and approve the rules.

 

     Rep. Millham seconded.

 

     Adopted.

 

10.The Committee discussed the response of the Board for the Licensing and Regulation of Plumbers to the Committee’s revised objection to Final Proposal 2005-88 (Licensing Requirements).  Tedd Evans, Board Vice-Chair, and Trudy Mott-Smith, of the Department of Administrative Services, testified for the Board.

 

     Sen. Clegg returned to the meeting during the discussion of this item.

 

     Sen. Flanders moved that the Committee accept the response and approve the rules with the recommendation to the Director of the Office of Legislative Services that she accept as an editorial change to Plu 302.03 (e)(1) the replacement of the words “has been found guilty or entered a plea of no contest to any felony or misdemeanor done after the age of majority” with the words “has been convicted of a crime done after the age of majority, pursuant to RSA 332-A:1.”

 

     Sen Clegg seconded.

 

     Adopted.

 

11.Sen. Flanders moved that the Committee adjourn.

 

     Sen. Letourneau seconded.

 

Adopted.

 

The Committee adjourned at 11:55 a.m., effectively postponing the following items to the next Committee meeting on January 20, 2006:

 

20.    Remaining Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline February 21, 2006.)

 

 

         (a)  OR 2005-115

BOARD OF DENTAL EXAMINERS

Housekeeping, Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty Clarification, Changes to Ethical Duties

 

21.    Remaining Responses to Preliminary and Revised Objections made in December 1, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline March 7, 2006.)

 

         (a)  OR 2005-152

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Electrologists

 

 

OTHER BUSINESS

 

22.    Other