JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
DECEMBER 27, 2007
Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, and Millham*,
and Senators Fuller
(**) 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 Committee was convened at 9:04 a.m. by
Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, and Schmidt, and Senators DeVries and Burling.
Rep. Pilotte appointed Rep. Burling as an alternate for Sen. Cilley, who was absent.
2. The Committee discussed the minutes of the Committee meeting on December 6, 2007.
Rep. Schmidt moved that the minutes be approved.
Rep. Patten seconded.
Adopted.
3. The Committee discussed a proposed meeting schedule for 2008.
Rep. Patten moved that the Committee approve the proposed schedule.
Rep. Schmidt seconded.
Adopted.
4. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2007-121 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Requirements for Licensure |
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FP 2007-122 |
GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS Continued Status |
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FP 2007-144 |
DEPARTMENT OF ADMINISTRATIVE SERVICES Bureau of Risk Management Loss Prevention |
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FP 2007-146 |
BOARD OF DENTAL EXAMINERS Board
Fees |
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FP 2007-147 |
POLICE
STANDARDS AND TRAINING COUNCIL Organizational
Rule Revision |
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FP 2007-148 |
POLICE STANDARDS AND TRAINING COUNCIL Form A Filing Deadline |
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FP 2007-153 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Authorized Representatives and the Client's Responsibility to Supply Accurate Information and Report Changes |
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FP 2007-154 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Portable Fuel Container Spillage Control |
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FP 2007-155 |
FISH AND GAME DEPARTMENT 2008 Wild Turkey Rules |
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FP 2007-163 |
FISH
AND GAME DEPARTMENT Various
Marine Rules - Area Closure, Reducing Take of Oyster, and Reducing the
Commercial Size Limit on Haddock |
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FP 2007-177 |
DEPARTMENT OF HEALTH
AND HUMAN SERVICES Former Division of
Mental Health and Developmental Services Administrative
Review of Complaint Investigation Findings |
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FP 2007-171 |
MIDWIFERY COUNCIL Certification Based on Reciprocity (JLCAR
Deadline January 25, 2008.) |
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FP 2007-172 |
MIDWIFERY COUNCIL Reinstatement of Certification (JLCAR
Deadline January 25, 2008.) |
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FP 2007-173 |
MIDWIFERY COUNCIL Revocation, Suspension and Other Sanctions (JLCAR
Deadline January 25, 2008.) |
Rep. Patten moved that the Committee approve the Final Proposals.
Rep. MacKay seconded.
Adopted.
Rep. Millham arrived at the meeting at
this time.
Rep. Pilotte appointed Rep. Millham as an
alternate for Sen. Letourneau, who was absent.
5. The Committee discussed the response by the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2007-151 (Former Division of Public Health
Services, Indoor Smoking Rules).
Lisabritt Solsky and Kathryn Frey testified for the Department.
Sen. Burling moved that the Committee make
a final objection to Final Proposal 2007-151 on the ground that there was a
significant question on apparent lack of authority for administrative fines in
He-P 1906.02.
Rep. Schmidt seconded.
A roll call vote was called. The vote was as follows:
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YES |
NO |
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Sen. DeVries |
X |
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Sen. Burling |
X |
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Rep. Patten |
X |
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Rep. Schmidt |
X |
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Rep. MacKay |
X |
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Rep. Millham |
X |
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Rep. Pilotte |
X |
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TOTAL |
7 |
0 |
The vote was 7 “yes” and 0 “no”. The motion was adopted.
Sen. Burling moved that the Committee vote
to sponsor a joint resolution to He-P 1906.02 on the ground of apparent lack of
authority for administrative fines, that the resolution recommend that the
legislature clarify its intentions as to penalties, and that the resolution
originate in the Senate.
Rep. Schmidt seconded.
After further discussion, Sen. Burling
amended his motion to remove the recommendation that the resolution originate
in the Senate and request instead that the House and Senate move expeditiously
on the resolution.
Rep. Schmidt amended his second.
A roll call vote was called. The vote as follows:
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YES |
NO |
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Sen. DeVries |
X |
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Sen. Burling |
X |
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Rep. MacKay |
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Rep. Schmidt |
X |
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Rep. Patten |
X |
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Rep. Millham |
X |
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Rep. Pilotte |
X |
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TOTAL |
7 |
0 |
The vote was 7 “yes” and 0 “no”.
Sen. Burling moved that there be a sense
of the Committee that the remainder of He-P 1900 other than
He-P 1906.02 be deemed effectively approved by the Committee.
Rep. Patten seconded.
Adopted.
6. The Committee discussed Proposed Interim Rule
INT 2007-33 from the Department of Health and Human Services (Former Division
of Public Health Services, Lead Poisoning Prevention and Control Rules). Kathryn Frey and Laura Vincent Ford testified
for the Department.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2007-33.
Rep. Patten seconded.
Adopted.
7. The Committee discussed Final Proposal
2007-158 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Resignation of Receiving Facilities
for Developmental Services. Michele
Beasley and Ken Nielsen testified for the Department.
Sen. Burling left the meeting during the
discussion of this item.
Rep. Patten moved that the Committee
approve Final Proposal 2007-158.
Rep. MacKay seconded.
Adopted.
8. The Committee discussed Final Proposal
2007-159 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Admission to and Discharge from a
Developmental Services Designated Receiving Facility). Michele Beasley and Ken Nielsen testified for
the Department.
Rep. Patten moved that the Committee approve
Final Proposal 2007-159.
Rep. MacKay seconded.
Adopted.
9. The Committee discussed Final Proposal
2007-160 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Conditional Discharge from a
Designated Receiving Facility for Developmental Services). Michele Beasley and Ken Nielsen testified for
the Department.
Rep. Patten moved that the Committee
approve Final Proposal 2007-160.
Rep. Millham seconded.
Adopted.
10. The Committee discussed Final Proposal
2007-161 from the Department of Health and Human Services (Former Division of
Mental Health and Developmental Services, Transfers Between Designated
Receiving Facilities in the Developmental Services System). Michele Beasley and Ken Neilsen testified for
the Department.
Sen. Fuller Clark arrived during the
discussion of this item.
Sen. DeVries moved that the Committee
approve Final Proposal 2007-161.
Rep. Patten seconded.
Adopted.
11. The Committee discussed Final Proposal 2007-175
from the Department of Health and Human Services (Former Office of Alcohol and
Drug Abuse Prevention, Phase II Programs).
Michael Holt and James Shanelaris testified for the Department.
Sen. DeVries moved that the Committee
approve Final Proposal 2007-175.
There was no second, as public testimony
was then given by Peter Dalpuba on behalf of Lewis Craig, Executive Director of
Rep. Patten moved that the Committee
approve Final Proposal 2007-175.
Rep. Millham seconded.
On a show of hands, the vote was 2 “yes”
and 5 “no”. The motion was not
adopted.
Sen. Fuller Clark moved that the Committee
make a preliminary objection to Final Proposal 2007-175 on the ground, based on
public testimony, regarding the potential inadequacy of the fiscal impact
statement as it relates to He-A 903.01(c) and He-A 904.01 (a)(l).
Rep. MacKay seconded.
Adopted.
Rep. Pilotte noted for the record that
Reps. Patten and Millham voted “no”.
12. After a break, with Sen. Fuller Clark and Sen.
DeVries, and Reps. Patten, MacKay, Schmidt, and Millham present, and Sen.
Fuller Clark as Vice-Chair now chairing the meeting, the Committee discussed
postponing items to the continued Committee meeting on January 4.
Rep. Patten moved that the Committee
postpone action on the following items to the meeting on
January 4, and that the first agenda item be the discussion of the joint
resolution concerning He-P 1906.02 in Final Proposal 2007-151:
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11. FP 2007-145 |
DEPARTMENT OF ADMINISTRATIVE SERVICES Loss Prevention, Guidelines for Risk
Management (JLCAR
Deadline waived.) |
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12. FP 2007-96 |
BOARD OF EDUCATION Speech-Language Specialist (JLCAR
Deadline January 4, 2008.) |
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14. FP 2007-156 |
DEPARTMENT OF LABOR Boilers and Pressure Vessels (JLCAR Deadline January 17, 2008.) |
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15. FP 2007-164 |
DEPARTMENT OF REVENUE ADMINISTRATION Business (JLCAR Deadline January 21, 2008.) |
Rep. Schmidt seconded.
Adopted.
13. The Committee discussed Proposed Interim Rule
INT 2007-30 from the Public Utilities Commission (Utility Pole
Attachments). Donald Kreis testified for
the Commission.
The following persons also
testified:
Kath Mullholand, representing
segTel, Inc.
Carolyn Cole, representing segTel,
Inc.
Maura Weston, representing New
England Cable and Telecommunications Association.
Rep. Schmidt moved that the Committee
approve Proposed Interim Rule INT 2007-30 and recommend that the Commission
address in the regular rulemaking proceeding the issues as outlined in public
testimony and in the annotations to the Proposed Interim Rule by Committee
Attorney Morrell.
Rep. Patten seconded.
Adopted.
14. The Committee discussed Proposed Interim Rule
INT 2007-31 from the Public Employee Labor Relations Board (Written Majority
Authorization). Donald Mitchell,
Executive Director of the Board, testified for the Board.
Sen. DeVries moved that the Committee
approve Proposed Interim Rule INT 2007-31 with the recommendation (1) to the
Board that it address in the regular rulemaking process the issues as outlined
in the annotations to the Proposed Interim Rule by Committee Attorney Lucas,
and (2) to the Director of the Office of Legislative Services that she accept
as an editorial change the deletion of the words “under oath” in Pub 301.05(f).
Rep. Schmidt seconded.
Adopted.
15. The Committee discussed Final Proposal
2007-117 from the Public Employee Labor Relations Board (Practice and
Procedures; Public Employee Labor Relations).
Donald Mitchell, Executive Director of the Board, testified for the
Board.
Sen. DeVries moved that the Committee
approve Final Proposal 2007-117.
Rep. Schmidt seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule
INT 2007-32 from the Adult Parole Board (Rules of the Adult Parole Board).
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2007-32 with the recommendation that the
Board address in the regular rulemaking proceeding the issues outlined in the
annotations to the Proposed Interim Rule by Committee Attorney Morrell.
Rep. Schmidt seconded.
Adopted.
17. The Committee discussed Final Proposal
2007-140 from the Insurance Department (Practices and Procedures). Deborah O’Loughlin and Chiara Dolcino
testified for the Department.
Rep. Patten moved that the Committee
approve Final Proposal 2007-140.
Rep. Millham seconded.
Adopted.
18. The Committee discussed Final Proposal
2007-152 from the Insurance Department (Reporting of Statistical Data by Property
and Casualty Insurance Companies).
Deborah O’Loughlin and Chiara Dolcino testified for the Department.
Rep. Patten moved that the Committee
approve Final Proposal 2007-152.
Sen. DeVries seconded.
Adopted.
19. Rep. Schmidt moved that the Committee recess.
Rep. Patten seconded.
Adopted.
The Committee recessed at 12:55 p.m.