JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

Action Minutes

 

MAY 18, 2012

 

 

Members Present:   Representatives Patten, Schmidt, McGuire, Kidder*, and Winter*, and Senator Merrill.  (*)  Indicates alternate member.

 

(**)  Part 1, Article 28-a of the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:22 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Schmidt, McGuire, Kidder, and Winter, and Sen. Merrill.

 

     Rep. Patten designated Rep. Kidder and Rep. Winter as alternates, respectively, for Rep. Manuse and Rep. Pilotte, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on May 4, 2012.

 

     Sen. Merrill moved that the minutes be approved.

 

     Rep. Winter seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals (Consent Agenda – Final Proposals):

 

FP 2012-25

REAL ESTATE COMMISSION

Commission Contact Information

 

 

FP 2012-26

REAL ESTATE COMMISSION

Real Estate Examination and License Fees, Examination Schedule, Broker Education, and Dishonored Checks

 

 

FP 2012-27

REAL ESTATE COMMISSION

Copies of Written Instruments and Advertisements by Salespersons

 

 

FP 2012-28

REAL ESTATE COMMISSION

Code of Ethics for Commissioners and Commission Employees

 

 

FP 2012-29

REAL ESTATE COMMISSION

Broker Accounting of Receipts and Disbursements

 

 

FP 2012-34

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Regulated Toxic Air Pollutants

 

 

FP 2012-40

DEPARTMENT OF SAFETY

International Registration Plan Rules

 

 

FP 2012-41

DEPARTMENT OF SAFETY

Authority to Cite Fire Safety and Licensing Violators Rules

 

 

FP 2012-44

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Mental Health and Developmental Services

Special Medical Services - CHIP Transition Amendments

 

 

FP 2012-45

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Children's Health Insurance Program (CHIP) Transition Rules

 

     Rep. McGuire moved that the Committee approve the Final Proposals with the exception of Final Proposal 2012-26.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2012-26 from the Real Estate Commission (Real Estate Examination and License Fees, Examination Schedule, Broker Education, and Dishonored Checks).  Beth Edes testified for the Commission.

 

     There was a consensus from the Committee to postpone action on Final Proposal 2012-26 to the continued meeting on June 1, 2012.

 

5.  The Committee discussed the following Final Proposals from the agencies indicated and for which requests for conditional approval had been submitted (Consent Agenda – Conditional Approvals):

 

FP 2012-4*

BOARD OF EDUCATION

Library Media Specialist.

*The only substantive issue is that the agency continued to operate under expired rules as noted in the fiscal impact statement for the final proposal.

 

 

FP 2012-35

FISH AND GAME DEPARTMENT

2012 Wildlife Rules, Wildlife Control Operator Rules, and Nongame Rules

 

 

FP 2012-43*

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Public Health Services

Low-Level Radioactive Waste Management Fund

*The only substantive issue is that the agency continued to operate under expired rules as noted in the fiscal impact statement for the final proposal.

 

     Rep. McGuire moved that the Committee accept the conditional approval requests and conditionally approve the Final Proposals based on the requests.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

6.  The Committee discussed the following item:

 

10. 10:45 a.m. STATE BUILDING CODE REVIEW BOARD

 

 

OR 2012-18

Various Practice and Procedure Rules

(JLCAR Deadline July 3, 2012.  Most of the existing rules will expire July 16, 2012.)

(Formerly Item #12 on 4-20-12 and 5-4-12 agendas.)

 

     Rep. McGuire moved that the Committee postpone action on this item to the continued Committee meeting on June 1, 2012.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

7.  The Committee discussed the following items:

 

7.   Discussion on:

 

 

(a)  Amending the “Rulemaking Notice Form”.

 

 

(b)  Motion to recommend amendments to RSA 541-A.

 

     It was the consensus of the Committee to postpone action on these items to the continued Committee meeting on June 1, 2012.

 

8.  The Committee discussed Final Proposal 2012-38 from the Department of Environmental Services (Water Quality and Quantity Programs, Gender of Counselors; Sleeping Areas; Privacy-Areas).  Peter Demas testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2012-38 with the recommendation that the Committee refer the issue of Department authority over summer camps to the study committee established pursuant to HB 363 (Chapter 47, Laws of 2012).

 

     Rep. McGuire seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2012-14 from the Health Services Planning and Review Board (Physical Rehabilitation Hospitals).  Cynthia Carrier and Jeffery Peck of the Office of Health Services Planning and Review testified for the Board.

 

     Rep. McGuire moved that the Committee approve Final Proposal 2012-14.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2012-15 from the Health Services Planning and Review Board (Inpatient Psychiatric Facilities).  Cynthia Carrier and Jeffery Peck of the Office of Health Services Planning and Review represented the Board.

 

      Rep. McGuire moved that the Committee approve Final Proposal 2012-15.

 

      Sen. Merrill seconded.

 

      Adopted.

 

11.  After a break, with Reps. Patten, Schmidt, McGuire, Kidder, and Winter, and Sen. Merrill present, the Committee discussed Final Proposal 2012-39 from the Department of Safety (Vehicle Registration Rules).  Sheri Kelloway testified for the Department.  Kelly Brudniak also represented the Department but did not speak.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2012-39 with a recommendation that the Committee refer to the House and Senate policy committees the issue relative to Saf-C 514.35 and RSA 261:92 as annotated by Committee staff.

 

      Sen. Merrill seconded.

 

      It was the consensus of the Committee that the referral to the policy committees would be in the form of a letter signed by Rep. Patten and Sen. Merrill and include a transcript of the Committee meeting.

 

      The motion was adopted.

 

12.  The Committee discussed Final Proposal 2012-17 from the Department of Safety (Various Carnival – Amusement Rules).  Marta Modigliani and Fire Marshal John Degnan testified for the Department.

 

      Sen. Merrill moved that the Committee approve Final Proposal 2012-17.

 

      Rep. Kidder seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2012-32 from the N.H. Lottery Commission (Rules for the Employee Recognition Program).  Georges Roy, Leonard Manning, and Executive Director Charles McIntyre testified for the Commission.

 

      Rep. McGuire moved that the Committee conditionally approve Final Proposal 2012-32 on the condition that Sw 705.01(h) be deleted.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

14.  The Committee discussed whether to reconsider the postponement of the following items to the June 1, 2012 continued meeting.

 

7.   Discussion on:

 

 

(a)  Amending the “Rulemaking Notice Form”.

 

 

(b)  Motion to recommend amendments to RSA 541-A.

 

     It was the consensus of the Committee to discuss these items at the June 1, 2012 meeting.

 

15.  Rep. McGuire moved that the Committee recess.

 

     Rep. Kidder seconded.

 

     Adopted. 

 

     The Committee recessed at 11:07 a.m.