JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

MARCH 5, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Boyce*, and Sad*, and Senator Cilley.  (*)  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 Items #8, #9, #11, and #12 relative to Final Proposals 2009-108 and 2009-109, which received preliminary objections.)

 

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, Schmidt, Gottling, Boyce, and Sad.

 

2.  The Committee discussed the minutes of the Committee meeting on February 19, 2010.

 

     Rep. Pilotte appointed Rep. Boyce and Rep. Sad as alternates, respectively, for Rep. Millham and Sen. Fuller Clark, who were absent.

 

     It was the consensus of the Committee that a paper copy of the minutes continue to be included in the Committee member meeting packets. 

 

     Rep. Patten moved that the minutes be approved, with the correction to change the header from “February 5, 2010” on pages 2 through 6 to “February 19, 2010”.

 

     Rep. Boyce seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     Rep. Pilotte noted for the record that the following item had been withdrawn:

 

INT 2010-1

BANKING DEPARTMENT
Public Deposit Investment Pool

(JLCAR Deadline May 6, 2010.  Former rules expired April 2, 1998.)

 

     Rep. Schmidt moved that the Committee postpone the following item to the next Committee meeting on March 19, 2010:

 

12. FP 2009-76

INSURANCE DEPARTMENT
Requirements for Accident and Health Insurance Rate Submissions

(JLCAR Deadline March 19, 2010.)

 

     Rep. Patten seconded.

 

     Adopted.

 

     Rep. Millham arrived in the meeting at this time.  Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Letourneau, who was absent. 

 

4.  The Committee discussed an emergency rule filed by the Department of Health and Human Services (Commissioner, Employment-Related Child Care Program Cost-Share Determination) that became effective March 1, 2010 (Document #9165).

 

     It was the consensus of the Committee to take no further action. 

 

5.  The Committee discussed Final Proposal 2009-130 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Eligibility Determination and Service Planning for Individuals with An Acquired Brain Disorder).  Kenneth Nielsen and Matthew Ertas testified for the Department.

 

     The Department had requested a conditional approval in a letter and amended rule dated March 3, 2010.

 

     Sen. Cilley arrived in the meeting as the discussion on this item began.

 

     The following persons also testified:

            Richard Cohen, representing the Disabilities Rights Center.

            Cathy Spinney.

            Catherine M. Costanzo, representing the Brain Injury Association of New Hampshire.

            Amy Messer, representing the Brain Injury Association of New Hampshire.

            Jan Larsen, representing ABLE N.H.

            Jonathan A. Lanteigne.

            Rosalie Johnson.

            Ellen M. Edgerly (and daughter Sara).

            Kathryn Wallenstein.

 

     Jeff Dickinson registered his opposition to the Final Proposal but did not speak.

 

     Sen. Cilley moved that the Committee request a waiver from the Director of the Office of Legislative Services pursuant to RSA 541-A:40, IV of the March 5, 2010 Committee deadline for action on Final Proposal 2009-130 on the ground in Committee rule 305.02(e).

 

     Rep. Boyce seconded.

 

     Sen. Cilley also moved, as a second part to the original motion, that the Committee consult with the House and Senate policy committees and the Fiscal Committee whether Final Proposal 2009-130 was contrary to legislative intent, and that transcripts of the Committee meeting be sent.

 

     Rep. Boyce seconded.

 

     The motion in both parts was adopted.

 

     Sen. Cilley moved that the Committee make a preliminary objection to Final Proposal 2009-130, based on public testimony, that the rules are contrary to legislative intent, and send a copy of the objection to the appropriate House and Senate policy committees for their recommendations and comments.

 

     Rep. Boyce seconded.

 

     Carol J. Holahan, the Director of the Office of Legislative Services, also testified and indicated that the waiver request was granted.

 

     After further discussion, Sen. Cilley withdrew her motion and Rep. Boyce withdrew her second.

 

     It was the consensus of the Committee that the policy committees to be consulted would be the House Health, Human Services and Elderly Affairs Committee, the House and Senate Finance Committees, the Senate Health and Human Services Committee, and the joint Fiscal Committee.

 

     Consideration of Final Proposal 2009-130 was effectively postponed to the next Committee meeting.

 

6.  After a break, with Reps. Pilotte, Patten, Schmidt, Gottling, Millham, Boyce, and Sad present, the Committee discussed Final Proposal 2009-206 from the Department of Health and Human Services (Former Division of Public Health Services, Reflexology, Structural Integrators, and Asian Bodywork Therapists).  Maya Blanchette, Christine Topham, and Elizabeth Maynard testified for the Department.

 

     The Department had requested a conditional approval in a letter and amended rule dated March 1, 2010.

 

     Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-206 based on the request.

 

     Rep. Millham seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2009-107 from the Department of Environmental Services (Wetlands Programs, Stream Crossings – Definitions).  Gretchen Hamel and Rene Pelletier testified for the Department.

 

     Rep. Pilotte read through the names on the testimony cards relative to stream crossings in order to determine from the audience whether anyone wished to testify on Final Proposal 2009-107.  No one indicated they wished to.

 

     It was the consensus of the Committee to take no action at this time but to consider the next item.

 

**8. The Committee discussed Final Proposal 2009-108 from the Department of Environmental Services (Wetlands Programs, Amendments Relative to Stream Crossings).  Gretchen Hamel and Rene Pelletier testified for the Department

 

        The Department had requested a conditional approval in a letter and amended rule dated March 3, 2010. 

 

        It was the consensus of the Committee not to take action at this time but to consider the next item.

 

**9. The Committee discussed Final Proposal 2009-109 (Department of Environmental Services, Wetlands Programs, Stream Crossings).  Gretchen Hamel and Rene Pelletier testified for the Department.

 

        The Department had requested a conditional approval in a letter and amended rule dated March 3, 2010.

 

        The Committee took no action but proceeded to take testimony on both Final Proposal 2009-109 and Final Proposal 2009-108.

 

        The following persons testified:

            William Cass, representing the N.H. Department of Transportation.

            Kent Perry, Road Agent for Lyndeborough, representing the Lyndeborough Highway Department.

            Tom Thomson, representing Thomson Family Tree Farm.

            Richard Roach, representing the U.S. Army Corps of Engineers.

            Paul G. Sanderson, representing the Local Government Center.

            Susan Olsen, representing the Local Government Center.

            George Kimball.

            Tom Chrisenton.

 

        The following persons registered their opposition to the Final Proposals but did not speak:

            Rep. Candace W. Bouchard, Chair of the House Public Works and Highways Committee.

            Adam Schmidt, representing the N.H. Snowmobile Association.

 

        The following persons registered their support for the Final Proposals but did not speak:

            Douglas Bechtel, representing the Nature Conservancy, who had also presented written testimony.

            Carl L. Quiram, who had also presented written testimony.

 

        After public testimony, Gretchen Hamel, Rene Pelletier, and Mary Ann Tilton testified for the Department.

 

        The Committee took no action on this item at this time.

 

10.   The Committee discussed again Final Proposal 2009-107 from the Department of Environmental Services (Wetlands Programs, Stream Crossings – Definitions).

 

        Rep. Patten moved that the Committee approve Final Proposal 2009-107.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

**11. The Committee discussed again Final Proposal 2009-108 from the Department of Environmental Services (Wetlands Programs, Amendments Relative to Stream Crossings). 

 

         Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-108 based on the annotations to the Final Proposal by Committee staff, public testimony, and the issues addressed by the Department’s conditional approval request.

 

         Rep. Millham seconded.

 

         Adopted.

 

**12. The Committee discussed again Final Proposal 2009-109 from the Department of Environmental Services (Wetlands Programs, Stream Crossings).

 

         Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-109 based on the annotations to the Final Proposal by Committee staff, public testimony, and the issues addressed by the Department’s conditional approval request.

 

         Rep. Gottling seconded.

 

         Adopted.

 

13.     The Committee discussed Final Proposal 2009-176 from the Liquor Commission (Agency Store Rules).

 

         Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-176 based on Committee staff annotations to the Final Proposal.

 

         Rep. Schmidt seconded.

 

         Adopted. 

 

14.     The Committee discussed Final Proposal 2009-217 from the Current Use Board (Criteria for Current Use).

 

         Rep. Patten moved that the Committee approve Final Proposal 2009-217.

 

         Rep. Gottling seconded.

 

         Adopted.

 

15.     The Committee discussed again briefly the withdrawal by the agency of the following item:

 

14. INT 2010-1

BANKING DEPARTMENT
Public Deposit Investment Pool

(JLCAR Deadline May 6, 2010.  Former rules expired April 2, 1998.)

 

         No further action was taken.

 

16.     Rep. Schmidt moved that the Committee adjourn.

 

         Rep. Millham seconded.

 

         Adopted.

 

         The Committee adjourned at 1:55 p.m., effectively postponing consideration of the following items to the next Committee meeting:

 

        

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.)