JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
AUGUST 16, 2007
Members Present: Representatives
Pilotte, Patten, MacKay, Schmidt, Millham*, and Powers*, and Senators Cilley,
DeVries, and Downing. (*) 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 Committee was convened at 9:00 a.m. by
Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, Millham, and Powers, and Senator Downing.
Rep. Pilotte appointed Rep. Powers and Rep. Millham as alternates, respectively, for Rep. Mitchell and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the Committee meeting on July 19, 2007.
Rep. Patten moved that the minutes be approved.
Rep. MacKay seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2007-49 |
BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Organizational Rules |
|
|
FP 2007-50 |
BOARD FOR THE LICENSING AND REGULATION OF PLUMBERS Initial Plumbing Licensing and Water Treatment Technician Certification |
|
|
FP 2007-65 |
BOARD OF TAX AND LAND APPEALS Organizational Rules |
|
|
FP 2007-86 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Expiring
Rules Related to the Unemployed Parent Program and Deprivation Due to
Continued Absence or Incapacity in the Temporary Assistance to Needy Families
Program |
|
|
FP 2007-88 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Water Notice to Municipalities of Rulemaking
Affecting Watersheds |
Sen. Downing arrived during the discussion of this item.
Rep. Millham moved that the Committee approve the final proposals.
Rep. Schmidt seconded.
Adopted.
4. The Committee discussed whether to postpone action on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee postpone action on the following items to the continued Committee meeting on September 6, 2007:
13. DEPARTMENT
OF HEALTH AND HUMAN SERVICES |
|
|
|
(b) FP 2007-21 |
Former Division of Mental Health and Developmental Services Medical Assistance Services Provided by Education Agencies (JLCAR Deadline September 7, 2007. Existing interim rules will expire October
22, 2007). |
15. BOARD
OF TAX AND LAND APPEALS |
||
|
|
|
|
(a) FP 2007-66 |
Rules Applicable to All Procedures (JLCAR
Deadline September 10, 2007.) |
|
|
|
|
(b) FP 2007-67 |
Procedural Rules for Specific Types of
Appeals (JLCAR
Deadline September 10, 2007.) |
|
|
|
|
(c) FP 2007-68 |
Notice of Tax Date; Rules Governing
Exemption Applications to Municipalities; (JLCAR
Deadline September 10, 2007.) |
Rep.
Patten seconded.
Adopted.
5. The Committee discussed Final Proposal 2007-36 from the Insurance Department (Continuing Care Retirement Communities). Deborah O’Loughlin testified for the Department.
Sen. Cilley arrived as the discussion began on this item.
Rep. Schmidt moved that the Committee make a preliminary objection to Final Proposal 2007-36 based on the annotations to the final proposal by Committee Attorney Morrell, with the exception of the annotation to Ins 1811.01, and, upon the request of the Department, to broaden the scope of the objection to Ins 1809.01(d) and (e)(2) to include Ins 1809.01 in its entirety.
Sen. Downing seconded.
Adopted.
6. The Committee discussed Final Proposal 2007-89 from the Pari-Mutuel Commission, (Bingo Games and Lucky 7 Tickets). Sheri Eldridge testified for the Commission.
Attorney Eldridge had submitted a conditional approval request on behalf of the Commission in a letter and attached rule date August 9, 2007.
Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-89 as requested.
Rep. MacKay seconded.
Adopted.
7. The
Committee discussed Final Proposal 2007-87 from the Department of Safety (Pilot
Speed Zone on
Sen. DeVries arrived as the discussion on this item began.
The following persons also testified:
Rep.
James Pilliod.
Debra
Durbin, representing
Warren
Clark of
Rusty
McLear of
Dick
Bouley, representing the Winnipesauke Family Alliance for Boating Safety.
The following persons registered their opposition to the final proposal
but did not speak:
Donald Lee of
Elizabeth H. Frago of
Rita Mayo of
Patricia Helsinger of
Mary Hutchins of
Susan P. Lee of
Jocelyn Winster of
Boating Safety.
Paula Bertholdt of
Sandy Helve of Meredith and
for Boating Safety.
Ripley Forbes of
Boating Safety.
Richard Waitt of
Bill Bertholdt of
Boating Safety.
Sen. Cilley moved that the Committee make
a preliminary objection to Finial Proposal 20076-87 based on the following: (1)
public testimony, including that the rule was contrary to legislative intent
because the subject matter requires specific statutory authority and was
contrary to the public interest because the rule is designed to benefit the
administrative convenience of the agency to the detriment of the public, (2)
the rule is contrary to legislative intent because it attempts to implement a
bill (HB 162 in the 2005-2006 session) that the legislature defeated, and (3)
the rule is beyond the authority of the agency, which had cited RSA 270:12, but
the statute mandates that a rule to limit boat speeds must be required by the
public interest as a result of a public petition, and the agency was using the
rule to provide information to the House Transportation Committee, for which a
rule was not needed.
Rep. MacKay seconded.
Adopted.
8. After a break with Reps. Pilotte, Patten, MacKay, Schmidt, and Powers, and Sens. Cilley and Downing present, the Committee discussed Proposed Interim Rule INT 2007-16 from the Department of Safety (Interim Bungee Jumping Rules). Marta Modigliani testified for the Department.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 20076-16 with the understanding that the Department would address in the regular rulemaking proceeding the issues outlined in the annotations to the proposed interim rule by Committee Attorney Morrell.
Rep. Powers seconded.
Adopted.
9. The Committee discussed Final Proposal 2007-95
from the Department of Safety (Dealer Registration Rules). Sheri Kelloway testified for the Department.
Rep. Millham and Sen. DeVries returned to
the meeting during the discussion of this item, and Rep. Patten left.
Brendan Perry, representing the N.H. Auto
Dealers Association, also testified.
Sen. Cilley moved that the Committee
approve Final Proposal 2007-95 with the recommendation that the Department seek
legislation to specifically authorize the 5-year prohibition in Saf-C 2010.03(c)
on opening a dealership, and with the recommendation to the Director of the
Office of Legislative Services that she accept as an editorial change in the
adopted rule the replacement of “change” with “decreased” in Saf-C 2003.10(e).
Rep. Schmidt seconded.
Adopted.
10. The Committee discussed postponing further
items to the continued Committee meeting on September 6, 2007.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued meeting:
13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
|
|
|
(a) INT 2007-17 |
Former
Division of Mental Health and Developmental Services Eligibility
Determination and Service Planning for Individuals with an (JLCAR
Deadline October 25, 2007. Existing
rules will expire October 20, 2007.) |
|
|
(c) FP 2007-84 |
Former
Division of Human Services Home Health Services (JLCAR
Deadline September 17, 2007.) |
(d) FP 2007-85 |
Former
Division of Human Services (JLCAR
Deadline September 14, 2007.) |
Sen. DeVries seconded.
Adopted.
11. Lunch break at 12:20 p.m.
12. Reconvening at 1:05 p.m., with Reps. Pilotte,
MacKay, Millham, Powers, and Schmidt, and Sens. Cilley and DeVries present, the
Committee discussed postponing further items to the continued meeting on
September 6, 2007.
Rep. Schmidt moved that the Committee
postpone action on the following item to the continued meeting:
12. INT 2007-18 |
DEPARTMENT
OF RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Job Training Grant Program (JLCAR
Deadline November 1, 2007. Former
rules of the Department of Regional-Community Technical Colleges were
repealed July 1, 2007 by SB 97 |
Rep. MacKay seconded.
Adopted.
13. The Committee discussed Proposed Interim Rule
INT 2007-20 from the Motor Vehicle Industry Board (Interim Motor Vehicle
Industry Board Hearing and Procedural Rules).
Marta Modigliani of the Department of Safety testified for the Board.
Rep. Schmidt moved that the Committee
conditionally approve Proposed Interim Rule INT 2007-20 on the condition that
Mvi 104 be deleted from the proposal and with the recommendation that the Board
address in the regular rulemaking process the issues outlined in the
annotations to the proposed interim rule by Committee Attorney Morrell.
Rep. MacKay seconded.
Adopted.
14. The Committee discussed Proposed Interim Rule INT 2007-19 from the Department of Environmental Services (Division of Water, Subdivision and Individual Sewage Disposal System Design Rules). Gretchen Hamel testified for the Department.
Rep. MacKay moved that the Committee approve Proposed Interim Rule INT 2007-19.
Sen. DeVries seconded.
Adopted.
15. The Committee discussed Proposed Interim Rule INT 2007-21 from the Department of Environmental Services (Air Related Programs, NOx Budget Trading Program). Gretchen Hamel testified for the Department.
Sen. DeVries moved that the Committee approve Proposed Interim Rule INT 2007-21.
Rep. Millham seconded.
Adopted.
16. The Committee discussed Final Proposal 2007-79 from the Water Council (Water Council Organizational Rules). Gretchen Hamel of the Department of Environmental Services testified for the Council.
Sen. DeVries moved that the Committee approve Final Proposal 2007-79.
Rep. Schmidt seconded.
Adopted.
17. The Committee discussed Final Proposal 2007-80 from the Water Council (Water Council Procedural Rules). Gretchen Hamel of the Department of Environmental Services testified for the Council.
Sen. DeVries moved that the Committee approve Final Proposal 2007-80 with the recommendation to the Director of the Office of Legislative Services that she accept as editorial changes in the adopted rules (1) the deletion of the word “improper” in the phrase “the improper communication” in Env-WC 202.10(c), and (2) an amendment to the 2nd sentence of Env-WC 203.09(b) to begin: “The notice pursuant to RSA 541-A:31, III shall include, but not be limited to, a statement that the hearing is to consider…” etc.
Rep. Powers seconded.
Adopted. Rep. Pilotte noted for the record that he voted “no”.
18. Sen. DeVries moved that the Committee recess.
Rep. Schmidt seconded.
Adopted.
The
Committee recessed at 2:03 p.m.