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):

 

 

 

FP 2009-167

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Newborn Screening and Newborn Hearing Screening

 

 

FP 2009-218

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Interim Disabled Parent (IDP) Program

 

 

FP 2009-221

DEPARTMENT OF SAFETY
Breath Alcohol Procedure Rules

 

 

FP 2009-222

DEPARTMENT OF SAFETY

Alcohol and Controlled Drug Rules

 

 

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.

 

 

14. FP 2009-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health & Developmental 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.)

 

 

15. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(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.)

 

 

16. Responses to Preliminary Objections Made in March 5, 2010 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-108

DEPARTMENT OF ENVIRONMENTAL SERVICES

Wetlands Programs

Amendments Relative to Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(b)  OR 2009-109

DEPARTMENT OF ENVIRONMENTAL SERVICES
Wetlands Programs

Stream Crossings

(JLCAR Deadline June 8, 2010.)

 

 

(c)  OR 2009-176

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline June 8, 2010.)

 

 

OTHER BUSINESS

 

17. Other

 

 

     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 America’s Health Insurance Plans, a trade association, also testified.

 

     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:

 

 

Yes

No

 

 

 

Rep. Schmidt

X

 

Rep. Gottling

X

 

Rep. Millham

X

 

Rep. Boyce

 

X

Rep. Kidder

 

X

Rep. Pilotte

X

 

 

 

 

Sen. Fuller Clark

X

 

Sen. Carson

 

X

 

 

 

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.