JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
SEPTEMBER 17, 2009
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Boyce*, Kidder*, and Sad*, and Senators Cilley, Merrill, and Carson. (*)
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 9:00 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Schmidt, Gottling, Millham, Kidder, and Sad.
Rep. Pilotte appointed Rep. Sad and Rep. Kidder
as alternates, respectively, for Sen. Fuller Clark and Sen. Letourneau, who
were absent.
2. The Committee discussed the minutes of the Committee meeting on September 3, 2009.
Rep. Patten moved that the minutes be approved.
Rep. Schmidt seconded.
Adopted.
Rep. Gottling abstained from voting.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2009-43 |
BOARD OF EDUCATION Science for Middle and High School
Certification and Teacher Preparation Programs |
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FP 2009-73 |
REAL ESTATE APPRAISER BOARD Application Process and Classification Overview |
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FP 2009-74 |
REAL ESTATE
APPRAISER BOARD Fee Schedule |
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FP 2009-84 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Special Certifications, Documentation of Receipt of Special Certifications |
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FP 2009-89 |
GOVERNING BOARD OF RESPIRATORY CARE
PRACTITIONERS Eligibility Requirements for Reinstatement of
Lapsed Licenses |
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FP 2009-99 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Expiring Rules Related to Extensions to the
FANF 60-Month Time Limit |
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FP 2009-100 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Distribution of Child Support Payments |
Rep. Patten moved that the final proposals be approved.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone action
on certain items to another meeting.
Sen. Carson arrived during the discussion
of this item.
Rep. Patten moved that the Committee
postpone action on the following items to the continued Committee meeting on
October 1, 2009:
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13. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-58 |
Former Division of Mental Health and Developmental Services Housing Security Guarantee Program (JLCAR Deadline October 19, 2009.) |
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(b) FP 2009-95 |
Commissioner Allocation and Distribution of Incentive Fund Grants (JLCAR Deadline October 19, 2009.) |
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(c) FP 2009-101 |
Former Division of Public Health Services Educational (JLCAR Deadline October 19, 2009.) |
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(d) FP 2009-114 |
Former Division of Public Health Services Rules for Hospitals (JLCAR Deadline October 19, 2009.) |
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14. OR
2009-64 |
BANKING DEPARTMENT Collateralization of Public Deposits (JLCAR
Deadline October 19, 2009. Former interim
rule expired December 21, 2008.) (Formerly Item 17 on 9-3-09 agenda.) |
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15. Response to Preliminary Objection Made in
September 3, 2009 Meeting But Not Yet Received by Committee Staff: |
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OR 2009-79 |
PUBLIC UTILITIES COMMISSION Utility Pole Attachments (JLCAR
Deadline December 8, 2009.) |
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OTHER BUSINESS |
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16. Other |
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Sen. Carson seconded.
Adopted.
5. The Committee discussed Final Proposal 2009-77
from the Department of Safety (Driver Education). Virginia Beecher, Sheri Kelloway, and James
G. O’Leary testified for the Department.
Sen. Cilley and Rep. Boyce arrived as the
discussion began on this item.
Sen. Merrill also arrived during the discussion
of this item. At this point, Rep. Boyce,
as an alternate, was not a voting member since alternates had already been
appointed for all absent regular members.
The Department had submitted a conditional
approval request with a letter dated September 16, 2009 and selected, amended
rules dated September 15, 2009.
The following persons also testified:
Rep. Paul Ingersoll.
Gaye Holt, representing the N.H.
Driver Education Teachers Association.
Cheryl Imbody.
John L. Costa, representing the N.H.
Driver Education Teachers Association.
Dennis Royal.
John Ross, representing Mr. Ross’s
Rep. Patten moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2009-77 based on the request, with the exception that Saf-C 3105.03(c) be
deleted from the Final Proposal, and recommend that the Department seek clear
statutory authority under RSA 263:46-a regarding information form applicants on
arrests and indictments, RSA 189:13-a regarding fingerprints from applicants,
and to incorporate by reference the curriculum guide in Saf-C 3114.13(a),
notwithstanding RSA 541-A:12, III.
Rep. Schmidt seconded.
Adopted.
6. After a break, with Reps. Pilotte, Patten, Gottling,
and Boyce, and Sen. Carson present, the Committee discussed Final Proposal
2009-96 from the Department of Safety (Board of Electricians Practice and
Procedural Rules and Bureau of Electrical Safety and Licensing Rules). Sheri Kelloway and Mark R. Hilbert testified
for the Department.
Rep. Pilotte appointed Rep. Boyce as an
alternate for Rep. Millham, who was absent.
Reps. Kidder and Sad, and Sens. Merrill,
and Cilley returned to the meeting as the discussion began on this item.
The following persons also testified:
Steven Rancourt, representing the
Electrical Contractors Business Association.
Jeff Beaudin, representing Gemini
Electric.
Henry J. Szumiesz, representing the
Electricians’ Board.
Mark Krantz, representing Gemini
Electric.
Al Lawrence, representing Artisan
Electric and the Electrical Contractors Business Association.
Rep. Patten moved that the Committee make a
preliminary objection to Final Proposal 2009-96 on the grounds as outlined in
(1) the annotations to the Final Proposal by Committee staff, (2) public
testimony, and (3) the concerns of the Committee as discussed in the meeting,
including deletion of the word “durable” in Saf-C 9204.02(a)(2) and replacement
of “90 days” with “5 years” in Saf-C 9212.01(b).
Rep. Boyce seconded.
Adopted.
Sen. Cilley left the meeting at this time.
7. The Committee discussed whether to postpone
certain items to another Committee meeting.
Peter Foley, representing the N.H.
Retirement System, briefly testified.
Sen. Merrill left the meeting at this time.
8. The Committee discussed Final Proposal
2009-102 from the Pharmacy Board (Pharmacist Administration of Influenza
Vaccines). James M. Queenan, Executive
Director, testified for the Board.
Sen. Cilley returned to the meeting as the
discussion began on this item.
Rep. Patten moved that the Committee
approve Final Proposal 2009-102.
Sen. Carson seconded.
Adopted.
9. The Committee discussed Final Proposal
2009-115 from the Department of Health and Human Services (Former Division of
Public Health Services, Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC)). Michael
Holt and Kate Frey testified for the Department.
The Department had requested a conditional
approval in a letter and an amended rule dated September 16, 2009.
Sen. Cilley moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2009-115 based on the request.
Sen. Carson seconded.
Adopted.
10. Sen. Cilley moved that the Committee recess to
the continued meeting on October, 1, 2009.
Rep. Schmidt seconded.
Adopted.
Adoption thereby postponed action on the
following additional items to the continued meeting:
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8. INSURANCE
DEPARTMENT |
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(a) FP 2009-91 |
Purchasing Alliances (JLCAR Deadline October 1, 2009.) |
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(b) FP 2009-98 |
Minimum Standards for Medicare Supplement Policies (JLCAR Deadline October 1, 2009.) |
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9. N.H.
RETIREMENT SYSTEM |
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(a) FP 2009-103 |
Participation in the NHRS (JLCAR Deadline October 19, 2009.) |
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(b) FP 2009-104 |
Code of Ethics (JLCAR Deadline October 19, 2009. Interim rule will expire October 2, 2009.) |
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(c) FP 2009-105 |
Filing of NHRS Forms (JLCAR Deadline October 19, 2009. Existing regular rules will expire October 10, 2009.) |
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10. Discussion on proposed electronic filing
pilot program procedures pursuant to HB 252. |
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11. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(b) FP 2009-94 |
Former Division of Human Services Dental Services (JLCAR Deadline October 19, 2009.) |
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