Joint Legislative Committee on Administrative Rules
Action Minutes
APRIL 21, 2006
Members Present: Representatives
Patten, Taylor, Allan, Millham*, Dokmo*, and Pilotte*, and Senators Clegg,
Clark, and Estabrook. (*) Indicates
alternate member.
(**)
Indicates were Part 1, Article 28-a was
an issue in the Committee’s discussions or decisions in this meeting. (See Items 9 and 13. Item 9 was approved, and Item 13 received a
preliminary objection.)
1. The meeting was convened at 9:05 a.m. by Rep.
Patten as Vice Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Allan, Dokmo, Taylor, Pilotte, and Millham.
Rep. Patten appointed Reps. Millham,
Pilotte, and Dokmo as alternates, respectively, for Rep. Bicknell, Rep. Wall,
and Sen. Flanders, who were absent.
2. The Committee discussed the minutes of the
continued meeting on April 7, 2006.
Rep.
Pilotte moved that the minutes be approved with the amendment in Item 4 on page
2 that the name of Senator Estabrook be replaced by Sen. Clark.
Rep.
Taylor seconded.
Adopted.
3. The Committee discussed the following final
proposals (Consent Agenda – Final Proposals):
FP 2005-204 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Regulated Toxic Air Pollutants Amendments |
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FP 2005-217 |
INSURANCE DEPARTMENT Minimum Standards for Medicare
Supplement Policies |
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FP 2005-221 |
BOARD OF
EDUCATION |
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FP 2005-236 |
BOARD OF
NATURAL SCIENTISTS Application
and Certification Requirements, Expiration and Renewal Notices and Ethical
Standards |
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FP 2006-9 |
DEPARTMENT OF
SAFETY Vessel
Registration Rules |
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FP 2006-11 |
DEPARTMENT
OF EMPLOYMENT SECURITY Rules
Concerning Appeals of Employer Liability Determinations, Appeal Tribunal
Hearings, Approval of Fees, Petitions for Adoption, Amendment or Repeal of
Rules; and Declaratory Rulings |
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FP
2006-12 |
DEPARTMENT OF EMPLOYMENT SECURITY Filing Requirements, Deduction and Withholding from Benefits,
Voluntary Quit Without Good Cause, Leaving of Self-Employment or Closing
Business, End of School Year |
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FP
2006-13 |
DEPARTMENT OF EMPLOYMENT SECURITY Employer Requirements, Administration and Claimant Requirements |
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FP 2006-21 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Pharmaceutical Services - Non-Covered Items |
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FP 2006-26 |
DEPARTMENT OF SAFETY 2005 Watercraft Petition Rules and Repeal of Swim Raft Rule |
Sen. Clegg arrived during the discussion of
this item.
Rep. Dokmo moved that the Committee approve
the final proposals.
Rep. Pilotte seconded.
Adopted.
4. The
Committee discussed whether to postpone action on certain items to another
meeting.
No
action to postpone was taken at this time.
5. The Committee discussed the request by the
Public Utilities Commission to the Office of Legislative Services to make
changes to adopted rules Puc 400 (Document #8348, effective 5-10-05) as part of
the rule certification process pursuant to RSA 541-A:15, I. Thomas Getz, the Commission Chairman, and
Suzanne Amidon testified for the agency.
Sen. Clegg moved that it was permissible in
the Committee’s view to insert the missing text in question to Puc 452.03
(f)(1)-(3) as an editorial change.
Rep. Allan seconded.
Adopted.
6. The Committee discussed the response by the
Board of Barbering, Cosmetology, and Esthetics to the Committee’s preliminary
objection to Final Proposal 2005-140 (Application Procedures, Licensing
Requirements, and Renewal Form). Lynda
Elliot testified for the Board. George
Copadis, Commissioner of the Department of Labor, also testified.
Rep. Dokmo moved that the Committee, in
lieu of voting to sponsor a joint resolution, make a final objection to Final
Proposal 2005-140 on the grounds that the Board has no authority to establish
apprenticeship programs in the rules because of the authority of the Department
of Labor, through its Apprenticeship Council, over apprentices.
Sen. Clegg seconded.
A roll call vote was called. The vote was as follows:
|
YES |
NO |
Rep. Patten |
X |
|
Rep. Taylor |
X |
|
Rep. Allan |
X |
|
Rep. Millham |
X |
|
Rep. Pilotte |
X |
|
Rep. Dokmo |
X |
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|
Sen. Clegg |
X |
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Total |
7 |
0 |
There were 7 yes and 0 no votes. The motion was adopted.
Sen. Clegg left the meeting at this time.
7. The Committee discussed Final Proposal
2005-231 from the Board of Nursing (Nurse Licensure Compact Rules). Margaret Walker testified for the
agency.
Sen. Clegg returned to the meeting during
the discussion of this item.
Rep. Dokmo moved that the Committee make a
preliminary objection to Final Proposal 2005-231 on the grounds that the
incorporated model rules of the Nurse Licensure Compact must be written in the rules so as not to
conflict with RSA 541-A:12, III.
Rep. Pilotte seconded.
Adopted.
8. The Committee discussed Final Proposal 2006-16
from the Department of Safety (Alcohol and Controlled Drug Rules). Sheri Kelloway testified for the agency.
The Department had submitted a request for
conditional approval in an amended rule dated April 19, 2006.
Sen. Clark arrived during the discussion of
this item.
Rep. Taylor moved that the Committee
conditionally approve Final Proposal 2006-16 as requested.
Sen. Clegg seconded.
Adopted.
**9. The Committee discussed Proposed Interim Rule
INT 2006-12 from the Department of Safety (Interim Statewide Protocols and
Quality Management Program Rules). Sheri
Kelloway and Susan Prentiss testified for the agency.
Rep. Taylor moved that the Committee
approve Proposed Interim Rule INT 2006-12.
Sen. Clark seconded.
Adopted.
10.The Committee discussed Final Proposal
2005-218 from the Insurance Department (Ins 1906 Discontinuance and Replacement
of Group Accident and Health Coverage).
Deborah O’Loughliin and Maureen Hartsmith testified for the agency.
Sen. Clark moved that the Committee make a
preliminary objection to Final Proposal 2005-218 on the grounds that Ins
1906.06 (g) was not clear and understandable.
Rep. Taylor seconded.
Adopted.
11.The Committee discussed Proposed Interim Rule
INT 2006-11 from the Health Services Planning and Review Board (Transfer of
Ownership).
Rep. Dokmo moved that the Committee approve
Proposed Interim Rule INT 2006-11.
Rep. Millham seconded.
Adopted.
12. After
a break, with Reps. Patten, Taylor, Allan, Millham, Dokmo, and Pilotte and Sen.
Clegg present, the Committee discussed Proposed Interim Rule INT 2006-14 from
the Department of Health and Human Services (Former Office of Alcohol and Drug
Abuse Prevention, Impaired Driver Intervention Program). James Shanelaris testified for the agency.
Sen.
Clegg moved that the Committee approve Proposed Interim Rule INT 2006-14.
Rep.
Taylor seconded.
Adopted.
**13. The
Committee discussed Final Proposal 2006-24 from the Department of Health and
Human Services (Commissioner, Certification for Payment Standards for
Residential Facilities). Byry Kennedy,
Michele Beasley, Peter Carter, Robert Rodler, and Timothy McAvoy testified for
the agency.
During the discussion of this item, Sen.
Estabrook arrived in the meeting, Sen. Clark returned, and Rep. Dokmo left.
The following persons also testified:
Rep. Deanna P. Rush, although she withdrew
when it was clear her testimony was to the objection response of the Department
to Final Proposal 2005-117 (Maximum
Reimbursement for Residential Child Care Rate Setting).
Kathleen McDermott, representing
Karen
Gincott, representing NFI North, Inc. of
Lou
Catano, representing Webster House of
Randy
Walker, representing Hannah House of
Erik Johannessen, representing
Before a motion was made, Sens. Estabrook and
Clegg left the meeting.
Rep. Taylor moved that the Committee make a
preliminary objection to Final Proposal 2006-24 on the grounds (1) as outlined
in the annotations by Committee Attorney Morrell on pages 4, 19, 17, and 40 of
the final proposal, (2) that the final proposal violates Part 1, Article 28-a
as outlined in the annotations by Committee Attorney Morrell; (3) public
testimony that the term “young adult” in
He-C 6350.02 (n) is unclear; and (4) lack of authority for He-C 6350.27(b) on
transitional visits.
Sen. Clark seconded.
Adopted.
14. The Committee discussed Proposed Interim Rule
INT 2006-13 from the Department of Health and Human Services (Treatment of
Specific Types of Income). Lisabritt
Solsky testified for the agency.
Sen. Clegg returned to the meeting during
the discussion of this item.
Rep. Taylor moved that the Committee
approve Proposed Interim Rule 2006-13.
Sen. Clark seconded.
Adopted.
15.After a break, with Reps. Patten, Allan,
Taylor, Millham, and Pilotte, and Sen. Estabrook present, the Committee
discussed the response of the Department of Health and Human Services to the
Committee’s preliminary objection to Final Proposal 2005-117 (Commissioner,
Maximum Reimbursement for Residential Child Care Rate Setting). Byry Kennedy and Timothy McAvoy testified for
the agency.
Sen. Clegg and Sen.
The following persons also testified:
Randy Walker, representing Hannah House of
Dan Mitchell, representing N.E. Salem
Children’s Trust.
Karen Gineott, representing NFI North, Inc.
of
John Tear, representing Spaulding Youth
Center of Northfield, N.H.
Kathleen McDermott, representing
Rep. Patten read the testimony of Rep. Deanna
P. Rush into the record.
Sen. Clegg left the meeting during the
discussion of this item.
Sen. Estabrook moved that the Committee make
a final objection to Final Proposal 2005-117 on the same ground as the
preliminary objection.
Sen. Clark seconded.
A roll call vote was called. The vote was as follows:
|
YES |
NO |
Rep. Patten |
X |
|
Rep. Taylor |
X |
|
Rep. Allan |
X |
|
Rep. Millham |
X |
|
Rep. Pilotte |
X |
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|
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Sen. Estabrook |
X |
|
Sen. Clark |
X |
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Total |
7 |
0 |
The vote was 7 yes and 0 no. The motion was adopted.
Sen. Estabrook moved that the Committee vote
to sponsor a joint resolution relative to He-C 6422.08 on the same grounds as
the final objection and recommending that the resolution put this issue to the
policy committees of the House and Senate.
Sen. Clark seconded.
A roll call vote was called. The vote was as follows:
|
YES |
NO |
Rep. Patten |
X |
|
Rep. Taylor |
X |
|
Rep. Allan |
X |
|
Rep. Millham |
X |
|
Rep. Pilotte |
X |
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Sen. Estabrook |
X |
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Sen. Clark |
X |
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Total |
7 |
0 |
The
vote was 7 yes and 0 no. The motion was
adopted.
16.The Committee discussed postponement of other
items.
Rep. Taylor moved that the Committee postpone
action on the following items, and any objection responses received, to the
continued meeting on May 5, 2006.
12. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(e) FP 2006-22 |
Former Division of Human Services Pharmaceutical Services -
Lock-In Program (JLCAR Deadline May 22, 2006.) |
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(f) FP 2006-23 |
Commissioner Scheduling of Substances (JLCAR Deadline May 22,
2006. Existing regular rules expire April 30, 2006.) |
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13. LUNCH BREAK |
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14. Remaining
Responses to Preliminary Objections made in March 24, 2006 Meeting But Not
Yet Received by Committee Staff. (JLCAR Deadline June 27, 2006.) |
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(a) OR 2005-213 |
POSTSECONDARY EDUCATION COMMISSION Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning |
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OTHER
BUSINESS |
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15. Other |
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Sen.
Clark seconded.
Adopted.
17.Rep. Taylor moved that the Committee recess
to May 5.
Sen. Clark seconded.
Adopted.
The Committee recessd at 2:15 p.m.