JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MAY 16, 2008

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, Millham*, Gottling*, and Casey*, and Senator Fuller Clark.  (*)  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 #6 and #17.  However, Item #6 was approved, and Item #17 was conditionally approved.)

 

1.  The Committee was convened at 9:12 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Gottling, and Casey, and Sen. Fuller Clark.

 

     Rep. Pilotte appointed Rep. Gottling and Rep. Casey as alternates, respectively, for Rep. Powers and Rep. MacKay, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on May 2, 2008.

 

     Rep. Patten moved that the minutes be approved.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals) as well as the following proposed interim rule:

 

FP 2008-12

N.H. LOTTERY COMMISSION

Rules for All Instant Lottery Games

 

 

FP 2008-27

FISH AND GAME DEPARTMENT

2008/2009 Wildlife Rules

 

 

FP 2008-28

FISH AND GAME DEPARTMENT

Wild Turkey Rules

 

 

FP 2008-34

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Adoptive Report Writing Service Providers

 

 

FP 2008-35

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Child In-Home Service Providers

 

 

FP 2008-41

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health & Developmental Services

Autism Registry

 

 

FP 2008-49

BOARD OF ACCOUNTANCY

Return to Active Practice; Continuing Education

 

 

FP 2008-53

WATER WELL BOARD

Water Well Board Organizational Rules

 

 

INT 2008-14

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

New Hampshire Child Care Program Licensing Rules

 

 

 

     Sen. Fuller Clark moved that the Committee approve the final proposals and proposed interim rule.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

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

 

4.  The Committee discussed Final Proposal 2008-33 from the Department of Health and Human Services (Commissioner, Certification for Payment Standards for Community Based In-Home Services Providers).  Dawn Landry testified for the Department.

 

     The Department had submitted a request for conditional approval in a letter and attached rule dated May 13, 2008, with the further amendment stated orally to change the rule citation in He-C 6339.05(b) from “He-C 6339.24” to “He-C 6339.22”.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-33 as requested.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2008-25 from the Department of Health and Human Services (Former Division of Public Health Services, Communicable Diseases).  Kathryn Frey and Dr. Jose Montero testified for the Department

 

     The Department submitted a conditional request in the meeting with an amendment to He-P 301.14(a) and an Incorporation by Reference Statement.

 

     Sen. Fuller Clark moved that the Committee conditionally approve Final Proposal 2008-25 as requested.

 

     Rep. Millham seconded.

 

     Adopted.

 

**6.   The Committee discussed Final Proposal 2008-20 from the Department of Health and Human Services (Water Quality and Quantity Programs, Surface Water Quality Standards).  Gretchen Hamel testified for the Department.

 

         Rep. Patten moved that the Committee approve Final Proposal 2008-20.

 

         Rep. Schmidt seconded.

 

         Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2008-12 from the Police Standards and Training Council (Rules of Practice and Procedure).  Keith H. Lohmann testified for the Council.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-12.

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2008-13 from the Police Standards and Training Council (Application and Qualifications, Continued Status, Ethical Standards and Training Approval).  Keith H. Lohmann testified for the Council.

 

     Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-13.

 

     Rep. Gottling seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2008-13 from the N.H. Lottery Commission (Rules of N.H. Hot Lotto).  Rick Wisler testified for the Commission.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-13 with a recommendation to the Commission that it seek legislation to exempt from RSA 541-A the requirements set by the Hot Lotto Game Group for Hot Lotto, and the Powerball Game Group for Powerball, that cannot otherwise be met under the timeframes required by RSA 541-A, as in Sw 4001.10(e) and Sw 3001.10(e).

 

     Rep. Schmidt seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2008-14 from the N.H. Lottery Commission (Rules of Second Chance Drawings).  Rick Wisler testified for the Commission.

 

      Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-14.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

11.  The Committee discussed Final Proposal 2008-39 from the Department of Agriculture, Markets and Food (Equine Quarantine form CEM Countries).

 

      The Department had submitted a request for conditional approval in a letter and amended rule dated May 14, 2008.

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2008-39 as requested, and including the editorial changes indicated in comments by Committee staff to the conditional approval request.

 

      Rep. Patten seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2008-50 from the Department of Agriculture, Markets, and Food (Testing of Domestic Animals).

 

      The Department had submitted a request for conditional approval in a letter and amended rule dated May 14, 2008.

 

      Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-50 as requested with a recommendation to the Director of Legislative Services that the she accept as an editorial change in the adopted rule the retention of the words “firm, corporation” otherwise proposed to be deleted in the conditional approval request.

 

      There was further discussion, but no action was taken at this time.

 

      Rep. Casey left the meeting at this time.

 

13.  The Committee discussed whether to postpone action on certain items to the next Committee meeting.

 

      Rep. Schmidt moved that the Committee postpone action on the following items to the continued Committee meeting on June 6:

 

15. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2008-43

Former Division of Human Services

Rules Related to Resources for Cash and Medical Assistance Eligibility, and

Certification Periods and Verification Requirements in the Food Stamp Program

(JLCAR Deadline June 16, 2008.)

 

 

(b)  FP 2008-29

Former Division of Public Health Services

Financial Assistance to Partially Fund Towns or Cities for Mosquito Control

(JLCAR Deadline June 16, 2008.)

 

 

(c)  FP 2008-52

Former Division of Public Health Services

Educational Health Centers

(JLCAR Deadline June 16, 2008.)

 

 

16. SITE EVALUATION COMMITTEE

 

 

(a)  FP 2008-4

Organizational Rules

(JLCAR Deadline June 16, 2008.)

 

 

(b)  FP 2008-5

Procedural Rules and Rules Governing Applications

(JLCAR Deadline June 16, 2008.)

 

 

17. FP 2008-26

DEPARTMENT OF SAFETY

Various Official Motor Vehicle Inspection Requirements Rules

(JLCAR Deadline June 16, 2008.)

 

 

18. WATER WELL BOARD

 

 

(a)  FP 2008-54

Water Well Board Procedural Rules

(JLCAR Deadline June 16, 2008.  Existing rules will expire June 13, 2008.)

 

 

(b)  FP 2008-55

Water Well Board Board Rules

(JLCAR Deadline June 16, 2008.  Existing rules will expire June 13, 2008.)

 

 

 

      Sen. Fuller Clark seconded.

 

      Adopted.

 

14.  After a break, with Reps. Pilotte, Patten, Schmidt, Millham, Gottling, and Casey present, the Committee resumed discussion of Final Proposal 2008-50 from the Department of Agriculture, Markets, and Food (Testing of Domestic Animals).

 

      Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-50 as requested, but with the substantive and editorial changes indicated in comments by Committee staff to the conditional approval request.

 

      Rep. Millham seconded.

 

      Adopted.

 

      Sen. Fuller Clark returned to the meeting at this time.

 

15.  The Committee discussed the response of the Pari-Mutuel Commission to the Committee’s preliminary objection to Final Proposal 2007-218 (Track Licensing).  Paul Kelley and Sheri Eldridge testified for the Commission.

 

      Daniel J. Callaghan, of Devine and Millimet, testified for Rockingham Venture, Inc. and

      Yankee Greyhound Racing, Inc.

 

      Sen. Fuller Clark moved that the Committee accept the response and approve the rules.

 

      Rep. Patten seconded.

 

      Adopted.

 

16.  The Committee discussed Final Proposal 2007-215 from the Public Utilities Commission (Electric Renewable Portfolio Standard).  Donald M. Kreis, Commission General Counsel, and Clifton C. Below, Commissioner, testified for the Commission.

 

      The Commission had submitted a request for conditional approval in a letter and amended rules dated May 15, 2008.

 

      The following persons also testified:

            Heidi Kroll of Gallagher, Callahan and Gartrell, representing Granite State Hydropower

                    Association, Inc.

            Tom Tarpey, representing Granite State Hydropower Association, Inc.

 

      Alexandra Blackmore had submitted written testimony for National Grid, although a representative of National Grid was no longer available to give oral testimony when the Committee discussed this item.

 

      Sen. Fuller Clark moved that the Committee conditionally approve Final Proposal 2007-215 as requested, including the Commission’s language to rules Puc 2505.11(i) on page 19, Puc 2507.03(c)(1) on page 22, and Puc 2507.03(f) on page 23.

 

      Rep. Patten seconded.

 

      Adopted.

 

**17.   The Committee discussed Final Proposal 2007-198 from the Board of Education (Standards for the Education of Students with a Disability).  Santina Thibedeau and Terry Brune of the Department of Education testified for the Board.

 

      The Board requested a conditional approval with a letter and amended rule dated May 14, 2008.

 

      The following persons also testified:

            Gerald Zelin, representing the N.H. Association of Special Education Administrators.

            Alison Minutelli of Woodleigh, Starr, and Peters, representing the N.H. School Administrators Association.

            Richard Cohen, representing the Disabilities Rights Center, Inc.

            Bonnie A. Dunham.

            Patricia Ann Swonger, representing the State Advisory Committee on the Education of Children with Disabilities.

            Susan M. Frenette.

            Angela O’Connor.

            Sandra Plocharczyk, representing the N.H. School Administrators Association.

            Brian Bulke, representing the N.H. School Administrators Association.

            Cheri Sullivan.

            Jackie Teague.

 

      Rep. Casey moved that the Committee conditionally approve Final Proposal 2007-198 as requested, with the amendment to insert the words “consistent with the provisions of (d)-(f) above” after the words “shall take place” in Ed 1125.02(g).

 

      Rep. Gottling seconded.

 

      On a show of hands, the vote was 5 “yes” and 2 “no”.

 

      The motion was adopted.  Rep. Pilotte noted for the record that Rep. Schmidt and Rep. Millham voted “no”.

 

18.  Rep. Patten moved that the Committee recess to the continued meeting on June 6, 2008.

 

      Rep. Schmidt seconded.

      Adopted.

 

      The Committee recessed at 2:36 p.m., thereby postponing consideration of the following items to the meeting on June 6:

 

19. Discussion on amendments to Committee rules regarding reconsideration.

      (Formerly item #11 on 5-2-08 agenda.)

 

 

 

OTHER BUSINESS

 

20. Other