Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

AUGUST 4, 2005

 

 

Members Present: Representatives Patten, Bicknell, Wall, Dodge*, Carson*, Millham*, and Pilotte*, and Senators Flanders, Clark, and Clegg*.  (*) 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, 9, 10, and 11 below.  Item 6 received a preliminary objection including the ground of violating Part 1, Article 28-a.  However, Item 9 was approved.  Also, Items 10 and 11 were conditionally approved, and Part 1, Article 28-a was not an issue in the conditions.)

 

1.  The meeting was convened at 9:04 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Dodge, Carson, Millham, and Pilotte, and Sen. Clegg.

 

     Rep. Patten appointed Sen. Clegg, Rep. Dodge, Rep. Carson, Rep. Millham, and Rep. Pilotte as alternates, respectively, for Sen. Martel, Rep. Allen, Rep. Bicknell, Rep. Wall, and Rep. Taylor, who were absent.

 

2.  The Committee discussed state and federal requirements for submission by the public of social security numbers.  Kevin Landry and Lisabritt Solsky testified for the Department of Health and Human Services.  Sen. Clark arrived as the discussion of this item began, and Rep. Wall arrived during the discussion.

 

     No further action was taken by the Committee.

 

     Since Rep. Wall had arrived, Rep. Patten appointed Rep. Millham as an alternate for Sen. Letourneau, who was absent.

 

3.  The Committee discussed the minutes of the regular Committee meeting of July 21, 2005.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Rep. Carson seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another Committee meeting.

 

     No action to postpone was taken at this time.

 

5.  The Committee discussed the response of the Governing Board of Respiratory Care Practioners to the Committee's preliminary objection to Final Proposal 2005-14 (Requirements for Licensure).  Trudy Mott-Smith from the Department of Administrative Services testified for the Governing Board.

 

     This item had been tabled by the Committee at its meeting on July 21, 2005 and had to be taken off the table to be considered.

 

     Sen. Clark moved that the Committee take this item off the table.

 

     Rep. Wall seconded.

 

     Adopted.

 

     Sen. Flanders arrived during the discussion of this item.

 

     Trudy Mott-Smith requested, on behalf of the Governing Board, a revised objection to Final Proposal 2005-14 in order to remove from Resp 302.02(j) the last provision relative to the Physical Therapy Governing Board and the reference to 42 U.S.C. 666(a)(13).

 

     Rep. Dodge moved that the Committee make a revised objection to Final Proposal 2005-14 as requested.

 

     Sen. Clegg seconded.

 

     Adopted.  Rep. Patten noted for the record that Rep. Pilotte voted "no".

 

     Sen. Clegg left the meeting at this time.

 

**6. The Committee discussed the Final Proposal 2005-31 from the Department of Environmental Services (Division of Water, Septage Management Rules).  Commissioner Michael Nolin, Gretchen Hamel, and Richard Flanders testified for the agency.

 

     Sen. Clegg returned to the meeting, and Rep. Bicknell arrived, as discussion on this item began.

 

     The following persons provided public testimony:

 

              Prof. Caroline Snyder.

              Diane and Josiah Bartlett of Moultonboro, N.H.

              William Gosse, representing the N.H. Association of Septage Haulers.

              Angelika Ingrid Ratsep and Linda Ratsep, representing Helvi Ratsep of Moultonborough, N.H.

              Mary MacDonald, representing Resource Management Inc.

              Michael P. Bentley, of Lane and Bentley, P.C., representing Gerald A. Bell of Swanzey, N.H.

              Darlene Johnson, representing the N.H. Association of Septage Haulers.

              Ned Beecher, representing New England Biosolids and Residuals Association.

              Jennifer Patterson, representing the N.H. Department of Justice.

              Richard Cote and Beth Croteau of East Swanzey, N.H.

 

     Rep. Pilotte left during the public testimony.

 

     Kevin Madden, representing Monadnock Septic Service, Inc., registered his opposition to the rules but did not speak.

 

     After public testimony, Gretchen Hamel, Pat Hannon, and Christopher Way testified for the Department.

 

     Sen. Clark moved that the Committee made a preliminary objection to Final Proposal 2005-31 on the grounds as outlined in public testimony and in the annotations to the final proposal by Committee Attorney Morrell.

 

     Rep. Wall seconded.

 

     Adopted.

 

7.  Lunch break at 1:00 p.m.

 

8.  Reconvening at 1:40 p.m., with Reps. Patten, Bicknell, Dodge, and Wall, and Sens. Flanders and Clegg present, the Committee discussed Final Proposal 2005-46 from the Department of Environmental Services (Division of Water, Coastal Program Grant Rules).  Gretchen Hamel testified for the agency.

 

     Gretchen Hamel, on behalf of the Department, had submitted a request for a conditional approval in a letter and attached rule dated July 15, 2005.

 

     Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-46 as requested.

 

     Rep. Wall seconded.

 

     Adopted.

 

**9. The Committee discussed Final Proposal 2005-93 from the Department of Environmental Services (Division of Water, Dam Program - Definitions, Access to Files, Duties). Gretchen Hamel and James Gallagher testified for the agency.

 

        Sen. Clark returned to the meeting as the discussion on this item began.

 

        Rep. Bicknell moved that the Committee approve Final Proposal 2005-93.

 

        Rep. Wall seconded.

 

        Adopted.

 

**10. The Committee discussed Final Proposal 2005-95 from the Department of Environmental Services (Division of Water, Dam Program Rules).  Gretchen Hamel and James Gallagher testified for the agency.

 

     Gretchen Hamel, on behalf of the Department, had requested a conditional approval in a letter and attached rule dated July 26, 2005.

 

     Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-95 as requested and on the condition that the words "under the auspices of the department's river restoration program" be inserted after the word "dam" in Env-Wr 601.01.

 

     Sen. Flanders seconded.

 

     Adopted.

 

**11. The Committee discussed Final Proposal 2005-96 from the Department of Environmental Services (Division of Waste Management, Hazardous Waste Small Quantity Generator Self-Certification Program.)  Gretchen Hamel and John Duclos testified for the agency.

 

     Gretchen Hamel, on behalf of the Department, had requested a conditional approval in a letter and attached rule dated August 3, 2005.

 

     Sen. Flanders moved that the Committee conditionally approve Final Proposal 2005-96 as requested and on the condition that the words "MasterCard® or Visa® card" in Env-Wm 514.03(g) be replaced by "credit card" so that Env-Wm 514.03(g) reads "Payment shall be made in the form of cash, check, money order, or credit card."

 

     Rep. Wall seconded.

 

     Adopted.

 

12.  The Committee discussed Final Proposal 2005-65 from the Department of Health and Human Services (Former Division of Public Health Services, Laboratories and Laboratory Service Rules). Lisabritt Solsky and Brook Dupee testified for the agency.

 

      The Commissioner had requested a conditional approval in a letter and attached rule dated July 28, 2005.

 

      Sen. Clark moved that the Committee conditionally approve Final Proposal 2005-65 as requested.

 

      Rep. Wall seconded.

 

     Adopted.

 

     Rep. Patten noted for the record Rep. Dodge's concern that He-P 808.12(b)(3)b. should be in the Department's adjudicative rules.

 

13.  The Committee discussed Final Proposal 2005-66 from the Department of Health and Human Services (Former Division of Public Health Services, Collection Station Rules.).  Lisabritt Solsky and Brook Dupee testified for the agency.

 

      The Commissioner had requested a conditional approval in a letter and attached rule dated July 28, 2005.

 

      Sen. Flanders moved that the Committee conditionally approve Final Proposal 2005-66 as requested by the Department and on the condition that the introductory clause to He-P 817.04(b) read "The applicable $50.00 fee, in accordance with RSA 151:5, shall be:".

 

     Sen. Clark seconded.

 

     Adopted.

 

14.  The Committee discussed the response of the Lottery Commission to the Committee's preliminary objection to Final Proposal 2006-5 (Rules of Practice and Procedure).

 

      Sen. Clark moved that the Committee accept the response.

 

      Rep. Dodge seconded.

 

      Adopted.

 

15.  The Committee discussed the emergency rule filed by the Department of Resources and Economic Development under Document #8318, effective April 4, 2005, relative to forest fire service and administrative fines.

 

      It was the consensus of the Committee that the Committee staff draft a letter for the meeting on August 18, 2005 to be sent by the Committee to the Department stating that the agency should not put new administrative fines in an emergency rule.

 

16.  The Committee discussed the emergency rule filed by the Department of Safety under Document #8319, effective April 5, 2005, relative to electrical requirements for carnival amusement rides.

 

      It was the consensus of the Committee that the Committee staff draft a letter for the meeting on August 18, 2005 to be sent by the Committee to the Department stating that (1) the agency should seek legislation to address the authority regarding electrical requirements in the emergency rule and (2) the Committee will send a copy of the rules to the Building Code Review Board.

 

17.  The Committee discussed holding weekly Committee meetings.

 

18.  The Committee adjourned at 3:00 p.m. thereby postponing action on the following items:

 

9.      Remaining Responses to Preliminary Objections Made in July 7, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline October 11, 2005)

 

 

(a)  OR 2005-64

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Medically Needy Eligibility.

 

10.    Remaining Responses to Preliminary Objections Made in July 21, 2005 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline October 26, 2005)

 

         (a)  OR 2004-201

NATUROPATHIC BOARD OF EXAMINERS

Specialty Certification in Naturopathic Childbirth

 

 

         (b)  OR 2005-7

LOTTERY COMMISSION

Rules for Sales Agents

 

OTHER BUSINESS

11.    Other