JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

MAY 4, 2007

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Mitchell, and Powers*, and Senators Cilley and DeVries.  (*)  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 #4 below.  However, the Committee’s preliminary objection did not include a ground on violation of Part 1, Article 28-a.)

 

1.  The Committee was convened at 9:16 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Mitchell, and Powers, and Sen. Cilley.

 

2.  The Committee discussed the minutes of the Committee meeting on April 20, 2007.

 

     Rep. Pilotte appointed Rep. Powers as an alternate, for Rep. MacKay, who was absent.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Powers seconded.

 

     Adopted.

 

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

 

     No action to postpone was taken.

 

     Sen. DeVries arrived during the discussion.

 

**4. The Committee discussed Final Proposal 2007-1 from the Department of Health and Human Services (Former Division of Public Health Services, Lead Poisoning Prevention and Control Rules).  Lisabritt Solsky and Laura V. Ford testified for the Department.

 

     The Department had requested a conditional approval in a letter and attached rule dated April 20, 2007.

 

     After discussion with the Department, Rep. Schmidt moved that the Committee make a preliminary objection based on the issue of incorporation by reference, as outlined in the relevant annotations by Committee staff, and that the affected rules were therefore contrary to the public interest due to lack of clarity and contrary to legislative intent due to conflict with RSA 541-A:12, III and IV.

 

     Sen. Cilley seconded.

 

     Adopted.

 

     Sen. Cilley left the meeting at this time.

 

5.  The Committee discussed Final Proposal 2007-23 from the Department of Health and Human Services (Division of Elderly and Adult Services, Nursing Facility Reimbursement Amendments).  Lisabritt Solsky, Mary Maguire, and Jonathan McCosh testified for the Department.

 

     The Department submitted a conditional approval request in an amended rule dated May 4, 2007.

 

     The following persons also testified:

 

            Robert Dunn of Devine Millimet, representing the N.H. Health Care Association.

            John Poirier, representing the N.H. Health Care Association.

            Betsy Miller, representing the N.H. Association of Counties.

            Robert Chase, representing the N.H. Association of Counties.

 

     Sen. Cilley returned during the discussion of this item.

 

     Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2007-23 based on the failure to specify the calculation used in the applicability of the “budget neutrality provision” as referenced in He-E 806.31(h)(3) and (m)(3), and therefore that the rules were not in the public interest due to lack of clarity and contrary to legislative intent due to conflict with RSA 541-A:3 and RSA 541-A:22, I.

 

     Rep. Powers seconded.

 

     Adopted.

 

     Sen. Cilley and Rep. Patten left the meeting at this time.

 

6.  The Committee discussed Final Proposal 2007-2 from the Board for the Licensing and Regulation of Plumbers (Fees).  Trudy Mott-Smith of the Department of Administrative Services and Todd Evans, Board Chair, testified for the Board.

 

     Sen. Cilley returned to the meeting during the discussion of this item.

 

     The Board submitted a request for conditional approval in an amended rule dated May 4, 2007.

 

     Sen. DeVries moved that the Committee conditionally approve Final Proposal 2007-2 as requested.

 

     Rep. Mitchell seconded.

 

     Adopted.

 

7.  The Committee discussed the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2006-111 (Water Quality and Quantity Programs, Sludge Management Rules). 

 

     Rep. Patten returned as the discussion began on this item.

 

     Rep. Patten moved that the Committee take oral public testimony today but not at the regular meeting on May 18, 2007, with the understanding that written testimony may be submitted within the week prior to the meeting.

 

     Rep. Mitchell seconded.

 

     Adopted.

 

     The following members of the public then testified:

 

            Rep. Jane Beaulieu.

            Shelagh Connelly, representing Resource Management, Inc. and the

                    N.H. Water Pollution Control Association.

            Christopher Rueggeberg, representing Citizens for Sludge-Free Land.

 

     Sen. Cilley and Sen. DeVries left during the public testimony.  At this point, a quorum was no longer present.

 

     After public testimony, Gretchen Hamel, Pat Hammond, and Michael Rainey testified for the Department.

 

     Rep. Mitchell left during this testimony.

 

     It was the consensus of the remaining Committee members that the Department would complete this oral testimony on May 18, 2007, and that the Objection Response would be the first item on the regular agenda.

 

8.  Rep. Patten moved that the Committee adjourn.

 

     Rep. Powers seconded.

 

     Adopted.

 

     The Committee adjourned at 1:10 p.m.