JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
FEBRUARY 5, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Casey*, Boyce*, Kidder*, and Sad*, and Senator Cilley. (*) Indicates
alternate member.
(**) 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 9:01 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Millham, Gottling, Boyce, Kidder, and Sad.
Rep. Pilotte appointed Rep. Boyce, Rep. Kidder, and Rep. Sad as alternates, respectively, for Sen. Letourneau, Sen. Carson, and Rep. Schmidt, who were absent.
2. The Committee discussed the minutes of the Committee meeting on January 15, 2010.
The Committee also discussed the mailing of minutes and attendance sign-up sheets to Committee members. It was the consensus of the Committee that action minutes of the meetings would now be sent as attachments to e-mail, with e-mail responses by members concerning attendance.
Rep. Patten moved that the minutes be approved.
Rep. Millham seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
There
was no action to postpone taken at this time.
Rep.
Schmidt arrived during the discussion of this item.
Rep.
Pilotte appointed Rep. Sad as an alternate for Sen. Cilley, who was absent.
4. The
Committee discussed Final Proposal 2009-163 from the Fish and Game Department
(Fish and Game Rules Relative to Off Highway Recreation Vehicles and
Snowmobiles). Sandra Falicon and Major
Timothy Acerno testified for the Department.
The
Department had submitted a conditional approval request in an amended rule
dated January 15, 2010.
Sen.
Cilley arrived during the discussion of this item. At this time, Rep. Sad was not a voting
member.
Rep
Patten moved that the Committee accept the conditional approval request and
approve Final Proposal 2009-163 based on the request, but with the following amendments:
(1) Insert the words “Subject to (b) below, and” at the beginning of Fis
1502.03 (a); (2) Insert the words “in writing” after the words “shall provide”
in the introduction to Fis 1506.01 (b); (3) Insert the words “pursuant to RSA
215-A: 29, XI and RSA 215-C:49, XIII” after the words “has been obtained” in
Fis 1506.01(b)(5); and (4) Editorially change the appendix by inserting
references to RSA “215-A:19” and “RSA 215-C:34” under “State Statute” for Fis
1502.03 in the cross-reference table.
Sen.
Cilley seconded.
Rep.
Pilotte appointed Rep. Sad as an alternate for Sen. Fuller Clark, who was
absent.
The
motion was adopted.
5. The
Committee discussed the response of the Insurance Department to the Committee’s
preliminary objection to Final Proposal 2009-116 (New Hampshire Long-Term Care
Partnership Program). Michael Wilkey
testified briefly for the Department.
Rep.
Patten moved that the Committee accept the response and approve the rules, and
noted that words missing in the Final Proposal copy on which the Committee had
voted on December 3, 2009 had been added to Ins 3602.06 (b) in the response.
Rep.
Gottling seconded.
Adopted.
6. The
Committee discussed the response of the Department of Health and Human Services
to the Committee’s preliminary objection to Final Proposal 2009-166 (Former
Division of Public Health Services,
Rep.
Casey arrived during the discussion of this item.
Rep.
Pilotte appointed Rep. Casey as an alternate for Sen. Merrill, who was absent.
Sen.
Cilley moved that the Committee accept the response and approve the rules.
Rep.
Schmidt seconded.
Adopted.
7. Rep.
Patten moved that the Committee adjourn.
Rep.
Schmidt seconded.
Adopted,
effectively postponing consideration of the following items to the next
Committee meeting:
12. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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|
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's
objection response deadline was waived.) |
|
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
|
|
OTHER BUSINESS |
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15. Other |
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The Committee adjourned at 10:15 a.m.