JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MARCH 19, 2010
Members Present: Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*, and
Kidder*, and Senators Fuller Clark and Carson. (*) Indicates
alternate member.
(**) 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 Item #11. However, that item was conditionally approved.)
1. The meeting was convened at 9:07 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, Kidder, and Boyce, and Senator Carson.
Rep. Pilotte appointed Rep. Kidder and Rep. Boyce as alternates, respectively, for Rep. Patten and Rep. Millham, who were absent.
2. The Committee discussed the minutes of the Committee meeting on March 5, 2010.
Rep. Schmidt moved that the minutes be approved.
Rep. Gottling seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2009-167 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Newborn Screening and Newborn Hearing Screening |
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FP 2009-218 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former Division of Human Services Interim Disabled Parent (IDP) Program |
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FP 2009-221 |
DEPARTMENT OF
SAFETY |
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FP 2009-222 |
DEPARTMENT OF SAFETY Alcohol and Controlled Drug Rules |
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FP 2009-223 |
DEPARTMENT OF SAFETY Preliminary Breath Test Rules |
Rep. Schmidt moved that that the final proposals be approved.
Rep. Boyce seconded.
Adopted.
4. The Committee discussed whether to postpone action on certain items to another Committee meeting.
Rep. Boyce moved that the Committee postpone action on the following items to the continued Committee meeting on April 2, 2010:
13. Discussion
on amendments to Drafting and Procedure Manual for Administrative Rules. |
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14. FP 2009-130 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Eligibility Determination and Service Planning for Individuals With An Acquired Brain Disorder (No JLCAR deadline. Deadline has been waived.) (Formerly
Item 10(a) on 2-19-10 and 3-5-10 agendas.
Postponed pending input from policy committees.) |
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15. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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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.) |
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16. Responses
to Preliminary Objections Made in March 5, 2010 Meeting But Not Yet Received
by Committee Staff: |
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(a) OR 2009-108 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Wetlands Programs Amendments Relative to Stream Crossings (JLCAR Deadline June 8, 2010.) |
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(b) OR 2009-109 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Stream Crossings (JLCAR Deadline June 8, 2010.) |
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(c) OR 2009-176 |
LIQUOR
COMMISSION (JLCAR Deadline June 8, 2010.) |
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OTHER BUSINESS |
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17. Other |
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Sen.
Carson seconded.
Adopted.
5. The
Committee discussed Final Proposal 2009-76 from the Insurance Department
(Requirements for Accident and Health Insurance Rate Submissions). Leslie Ludeke, David Sky, and Michael Wilkey
testified for the Department.
The
Department had submitted a conditional approval request with a letter and
amended rules dated March 3, 2010.
Rep.
Millham arrived in the meeting as the discussion on this item began. Rep. Pilotte therefore appointed Rep. Boyce
as an alternate for Senator Letourneau, who was absent.
Paula
Rogers, representing Anthem Health Plans, also testified.
Sen.
Fuller Clark arrived in the meeting at this time.
Mark
C. Vattes, representing
Rep.
Schmidt moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2009-76 based on the request.
Sen.
Fuller Clark seconded.
Adopted.
6. The
Committee discussed Final Proposal 2009-157 from the Pesticide Control Board
(Appeal Hearings and Various Requirements on Certification, Licensing,
Labeling, Use in Rights-of-Way, Restricted Use Pesticides, Record Keeping, Use
Restrictions, and Training). David
Rousseau and Robert Bruleigh of the Department of Agriculture, Markets and Food
testified for the Board.
Sen.
Fuller Clark moved that the Committee approve Final Proposal 2009-157.
Rep.
Gottling seconded.
Adopted.
7. The
Committee discussed Proposed Interim Rule INT 2010-2 from the Department of
Justice (Land Sales Full Disclosure Rules).
Connie Stratton testified for the Department.
Sen.
Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2010-2.
Sen.
Carson seconded.
Adopted.
8. The
Committee discussed Proposed Interim Rule INT 2010-3 from the Department of
Justice (Condominium Rules). Connie
Stratton testified for the Department.
Sen.
Carson moved that the Committee approve Proposed Interim Rule INT 2010-3.
Sen.
Fuller Clark seconded.
Adopted.
9. The
Committee discussed Final Proposal 2010-2 from the Department of Revenue
Administration (Gambling Tax). John
Hayes, Revenue Counsel, testified for the Department.
The
Department had submitted a conditional approval request with a letter and
amended rules dated March 18, 2010.
Sen.
Fuller Clark moved that the Committee accept the conditional approval request
and conditionally approved Final Proposal 2010-2 based on the request.
Rep.
Millham seconded.
Rep.
Schmidt moved to amend the motion to add a recommendation that the Department
seek policy committee input and legislation to address the apparent
inconsistencies between the duties imposed on the Racing and Charitable Gaming
Commission under RSA 77:39, II and RSA 77:42, II to withhold and transmit taxes
to the State, and the reality that the Commission does not distribute gambling
winnings.
Sen.
Fuller Clark seconded.
On
a voice vote, the amendment was adopted.
Rep. Pilotte noted for the record that Rep. Kidder and Sen. Carson voted
no.
A
roll call vote was called for the motion as amended. The vote was as follows:
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Yes |
No |
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Rep. Schmidt |
X |
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Rep. Gottling |
X |
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Rep. Millham |
X |
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Rep. Boyce |
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X |
Rep. Kidder |
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X |
Rep. Pilotte |
X |
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Sen. Fuller Clark |
X |
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Sen. Carson |
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X |
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Total |
5 |
3 |
The
vote was 5 “yes” and 3 “no”. The motion as
amended was adopted.
10. The
Committee discussed Final Proposal 2009-164 from the Board of Registration of
Funeral Directors and Embalmers (Unlicensed Personnel, Eye Procurement, and
Preparation Room Requirements and Equipment).
Susan A. Simonds, Board Chair, testified for the Board.
The
Board had submitted a conditional approval request in an amended rule dated
March 17, 2010.
Rep.
Kidder moved that the Committee make a preliminary objection to Final Proposal
2009-164 based on (1) the annotations to the Final Proposal by Committee staff
, and (2) the Committee’s determination that Frl 701.01(b) was unclear by use
of the term “nearly air-tight,” and that Frl 701.01(m) and (j) were unclear in
the difference between an “embalming waste sink” and a “basin-lavatory
sink”. Rep. Kidder also moved that the
Committee recommend that the objection response amend the rules, and that the
amended rules specifically (1) include the changes from the Final Proposal as
indicated in the Board’s conditional approval request text dated March 17,
2010, but also address the outstanding issues in the Committee staff’s
annotations to the conditional approval request text, (2) delete Frl 308.02, (3)
delete the word “nearly” in Frl 701.01(b), and (4) clarify in Frl 701.01(j) and
(m) the difference between an “embalming waste sink” and a “basin-lavatory
sink”.
Sen
Fuller Clark seconded.
Adopted.
11. The
Committee discussed the passing of Garry Meyer, who was assisting the Committee
in the LEAN government process.
It
was the consensus of the Committee that a condolence letter would be sent from
the Committee and Committee staff to his family.
**12. The
Committee discussed Final Proposal 2009-189 from the Board of Education
(Standards for the Education of Students with a Disability). Santina Thibedeau and Paul G. Stevens of the
Department of Education testified for the Board.
The
Department orally requested a conditional approval to amend the Final Proposal
as follows:
(1) Switching the placement of the terms
“responsible” and “liable” in Ed 1128.08(a)(5);
(2) Replacing “responsible” with “liable” in the
introductory language of Ed 1128.08(b), and in Ed 1128.08(b)(5), (b)(6),
(c)(1), and (c)(2);
(3) Replacing “costs” with “funds” in Ed
1128.08(c)(2)c; and
(4) Inserting “aid” between “catastrophic” and
“costs” in Ed 1128.08(d)(3).
Rep.
Gottling moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2009-189 based on the request.
Rep.
Boyce seconded.
Adopted.
13. Rep.
Boyce moved that the Committee recess.
Rep.
Kidder seconded.
Adopted.
The
Committee adjourned at 1:55 p.m.