JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

SEPTEMBER 18, 2008

 

 

Members Present:   Representatives Pilotte, Patten, MacKay, Schmidt, Gottling, Casey*, and Boyce*, and Senators Fuller Clark and Kenney*.  (*)  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 9:01 a.m. by Rep. Pilotte as Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, MacKay, Schmidt, Gottling, and Casey.

 

     Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Fuller Clark, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on September 4, 2008.

 

     Rep. MacKay moved that the minutes be approved.

 

     Rep. Patten seconded.

 

     Adopted.

 

     Sen. Fuller Clark had arrived during the discussion of this item, but did not vote.

 

     At this time, Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Cilley, who was absent.

 

3.  The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):

 

FP 2008-63

BOARD OF EDUCATION

Alternative Education Programs

 

 

FP 2008-92

GOVERNING BOARD OF PHYSICAL THERAPISTS

Ethical Standards

 

 

FP 2008-97

FISH AND GAME DEPARTMENT

Threatened and Endangered Wildlife Rules

 

 

FP 2008-126

DIVISION OF PERSONNEL

DEPARTMENT OF ADMINISTRATIVE SERVICES

Amendments to Rules on Dismissal During Probationary Period and Layoff

 

 

FP 2008-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Family Planning Services

 

 

FP 2008-133

DEPARTMENT OF EMPLOYMENT SECURITY

Signature Required

 

 

FP 2008-134

DEPARTMENT OF EMPLOYMENT SECURITY

Most Recent Employer

 

 

FP 2008-144

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Elimination of the Transitional Assessment Planning Category of Assistance, Expanded Post-Secondary Work Activities, and Eligibility Changes to the Interim Disabled Parent Category of Assistance

 

 

FP 2008-145

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Disregards & Deductions for the Adult Categories of Assistance, Financial Assistance to Needy Families, & Nursing Facility Assistance

 

 

FP 2008-146

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Redeterminations for Financial and Medical Assistance

 

     Rep. Schmidt moved that the final proposals be approved.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

4.  The Committee discussed the following amended response from the agency indicated to a preliminary objection of the Committee (Consent Agenda - Responses to Objections):

 

OR 2007-221

BOARD OF EDUCATION

Modern Language, Reading & Writing Specialist, Social Worker and Dance;  Also Certification for Physical Education, Classical Languages, and Music

 

     Rep. Patten moved that the Committee accept the amended response and approve the rules.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

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

 

     Sen. Fuller Clark moved that the Committee postpone action on the following items to the continued Committee meeting on October 2, 2008:

 

12. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(d)  FP 2008-95

Commissioner

Certification for Payment Standards for Community-Based Behavioral Health Service Providers

(JLCAR Deadline October 20, 2008.)

 

 

(e)  FP 2008-138

Commissioner

Certification for Payment Standards for Recreation Service Providers

(JLCAR Deadline October 20, 2008.)

 

 

(f)  FP 2008-142

Former Division of Public Health Services

Home Hospice Care Providers

(JLCAR Deadline October 20, 2008.)

 

 

(g)  FP 2008-147

Former Division of Human Services

Home and Community-Based Care Medically Needy Eligibility

(JLCAR Deadline October 20, 2008.)

 

 

13. LUNCH BREAK

 

 

14. OR 2008-40

PHARMACY BOARD

Mail-Order Pharmacies

(JLCAR Deadline October 22, 2008.)

(Formerly Item #19 on 8-21-08 and 9-4-08 agendas.)

 

 

15. OR 2008-72

BOARD OF REGISTRATION IN OPTOMETRY

Out-of-State Contact Lens Dispensers, Continuing Education for Optometrists, Standard of Conduct, and Contact Lens Follow-up Care

(JLCAR Deadline November 4, 2008.)

 

 

16. OR 2008-84

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Community Residences at the Residential Care and Supported Residential Care Level

(JLCAR Deadline November 4, 2008.  Objection Response not yet reviewed by Committee Staff.)

 

 

17. Remaining Responses to Preliminary Objections Made in June 20, 2008 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2007-220

Liquor Commission

License Information Requirements

(No JLCAR Deadline.  Agency's objection response deadline of August 4, 2008 has been waived.)

 

 

OTHER BUSINESS

 

18. Other

 

 

     Rep. Casey seconded.

 

     Adopted.

 

     Sen. Kenney arrived at this time.

 

     Rep. Pilotte appointed Sen. Kenney as an alternate for Sen. Letourneau, who was absent.

 

6.  The Committee discussed Final Proposal 2008-101 from the Insurance Department (Electronic Filings).  Deborah O’Loughlin and Barbara Richardson testified for the Department.

 

     Rep. Boyce arrived during the discussion of this item.

 

     Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Downing, who was absent.

 

     Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-101 with the understanding that a date did not have to be inserted editorially in the rules after the references to the SERFF computer filing system which was incorporated by reference.

 

     Rep. Casey seconded.

 

     Adopted.

 

7.  The Committee discussed Proposed Interim Rule INT 2008-34 from the Racing and Charitable Gaming Commission (Games of Chance).  Paul M. Kelley and Sheri Eldridge testified for the Commission.

 

     Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-34 with the recommendation that the Commission address in the regular rulemaking process the issues outlined in the annotations to the Proposed Interim Rule by Committee staff, namely, how an appropriate bonding amount is determined, the reference to aggravating and mitigating factors in Pari 1217.01(g)(2), and deletion of the word “the” in Pari 1215.08(i)(2).

 

     Rep. Schmidt seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2008-35 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide (CO2) Budget Trading Program).  Gretchen Hamel, Robert Scott, and Joanne Morin testified for the Department.

 

     The Department requested a conditional approval in a letter and amended rule dated September 18, 2008.

 

     Rep. Casey and Rep. MacKay left the meeting during the discussion of this item.

 

     Sen. Fuller Clark moved that the Committee conditionally approve Proposed Interim Rule INT 2008-35 as requested by the Department, with the additional change to Env-A 4602.55 by replacing the words “acting upon authorization of the department” with “acting at the direction of the department.”

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Rep. Pilotte noted for the record that the vote was 6 “yes” and 1 “no”, with Sen. Kenney voting “no”.

 

9.  The Committee discussed Proposed Interim Rule INT 2008-36 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide (CO2) Allowance Auction Program).  Gretchen Hamel, Robert Scott and Joanne Morin testified for the Department.

 

     Rep. MacKay returned during the discussion of this item.

 

     Sen. Fuller Clark moved that the Committee approve Proposed Interim Rule INT 2008-36 with the understanding that the issues raised by the Committee for Proposed Interim Rule INT 2008-35 are also applicable to INT 2008-36, and would be addressed in the regular rulemaking process for the rules in INT 2008-36.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

10.  The Committee discussed again Proposed Interim Rule INT 2008-35 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide, (CO2) Allowance Auction Program).

 

     The following persons testified:

 

         Lynn Tillotson, representing Public Service of N.H.

         Linda Landis, representing Public Service of N.H.

 

     No further action was taken.

 

11.  The Committee discussed Final Proposal 2008-118 from the Department of Environment Services (Water Quality and Quantity Programs, Water Use Registration and Reporting).  Gretchen Hamel and Derek Bennett testified for the Department.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-118.

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

12.  After a break, with Reps. Pilotte, Patten, MacKay, Schmidt, Gottling, and Boyce, and Sen. Fuller Clark present, the Committee discussed the amended response  to the Committee’s preliminary objection to Final Proposal 2008-37 from the Department of Agriculture, Markets, and Food (Nursery and Nursery Stock).  Douglas Cygan testified for the Department.

 

     Rep. Patten moved that the Committee accept the amended objection response and approve the rules, with the recommendation that the agency seek legislation to clarify the authority to waive license fees as set forth in Agr 2501.03(f).

 

     Rep. Boyce seconded.

 

     Adopted.

 

13.  The Committee discussed Final Proposal 2008-76 from the Board of Education (Early Childhood Education).  Dr. Judith Fillion testified for the Board.

 

      Sen. Fuller Clark moved that the Committee approve Final Proposal 2008-76.

 

      Rep. MacKay seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2008-128 from the Real Estate Commission (Application Procedures; Fees; Accreditations; Examinations; Continuing Education; Licenses; Ongoing Requirements; Code of Ethics; and Conduct of Licensees).  Beth Edes testified for the Commission.

 

     The Commission had submitted a request for conditional approval in a letter and amended rule dated September 17, 2008.

 

     Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-128 on the grounds (1) that Rea 302.01 be deleted from this rulemaking proceeding, and (2) that Rea 301.01(a)(17), Rea 301.01(b)(16), Rea 401.01(a)(20), and Rea 401.01(b)(14) be amended to delete the following phrase from the rules: “regarding any pending criminal charges…or any similar offense or offenses.”

 

     Sen. Fuller Clark seconded.

 

     Adopted.

 

15.  The Committee discussed Final Proposal 2008-136 from the Department of Health and Human Services (Former Division of Human Services, Medical Assistance for Home Care of Children with Severe Disabilities).  Michel Holt and Jane Hybsch testified for the Department.

 

     Sen. Fuller Clark left during the discussion of this item.

 

      Rep. Patten moved that the Committee approve Final Proposal 2008-136.

 

      Rep. MacKay seconded.

 

      Adopted.

 

16.  The Committee discussed Final Proposal 2008-143 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Community Mental Health Services).  Raymond Perry and Erik Riera testified for the Department.

 

      The Department had requested a conditional approval in a letter and amended rule dated September 17, 2008.

 

      Rep. Schmidt left the meeting during the discussion of this item, and Rep. Casey and Sen. Kenney returned.

 

      Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-143 as requested.

 

      Rep. Boyce seconded.

 

      Adopted.

 

17.  The Committee discussed Final Proposal 2008-137 from the Department of Health and Human Services (Former Division of Human Services, Citizenship/Identity Requirements for All Categories of Financial and Medical Assistance).  Joyce St. Onge and Jennifer Jones testified for the Department.

 

      Sen. Fuller Clark returned to the meeting during the discussion of this item.

 

      The following persons also testified:

 

         Jonathan Baird, representing N.H. Legal Assistance.

         Dan Feltis, representing N.H. Legal Assistance.

         Arnie Alpert, representing the American Friends Service Committee.

 

     Rep. Patten moved that the Committee approve Final Proposal 2008-137.

 

     Rep. MacKay seconded.

 

     Adopted.

 

     Rep. Pilotte noted for the record that the vote was 6 “yes” and 2 “no”, with Sen. Fuller Clark and Rep. Casey voting “no”.

 

18.  Rep. Boyce moved that the Committee recess.

 

      Rep. Patten seconded.

 

      Adopted.

 

     The Committee recessed at 1:03 p.m.