Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

SEPTEMBER 29, 2005

 

 

Members Present: Representatives Patten, Taylor, Allan, Millham*, and Pilotte*, and Senators Flanders, Estabrook, Martel, and Clegg*, (*) Indicates alternate member.

 

(**)  Part 1, Article 28-a at the N.H. Constitution was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:10 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Taylor, Allan, Millham, and Pilotte, and Sens. Flanders, Estabrook, and Clegg.

 

2.  The Committee discussed the minutes of the regular Committee meeting on September 16, 2005.

 

     Rep. Taylor moved that the minutes be approved.

 

     Rep. Pilotte seconded.

 

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

 

     It was the consensus of the Committee that a note be added to the minutes of September 16, 2005 that Rep. Millham had not been designated as an alternate for the vote on September 16 relative to Proposed Interim Rule INT 2005-16, as discussed in Item #24 of the minutes.  Therefore, Rep. Millham could not vote, so the vote on Proposed Interim Rule INT 2005-16 was 5 “yes” and 4 “no” instead of 6 “yes” and 4 “no”.

 

     The motion was adopted.

 

3.  Committee discussed Final Proposal 2005-121 from the Department of Health and Human Services (Former Division of Human Services, Increase on Cost Sharing for the Healthy Kids Silver Program.  This item had been tabled on September 16, 2005 to the meeting on September 29.  The item had to be taken off the table to be considered.

 

     Sen. Clegg moved that the item be taken off the table.

 

Rep. Allan seconded.

 

Adopted.

 

     Commissioner John Stephen testified for the Department, and Teresa Brooks, President of Healthy Kids Corp., testified for Healthy Kids Corp.

 

 

     Sen. Clegg moved that the Committee conditionally approve Final Proposal 2005-121 on the condition that He-W 910.06 (a)(1)-(4) be removed from the rulemaking proposal, so that the existing rule remains in effect.

 

     Sen. Allan seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2005-123 from the Department of Health and Human Services (Former Division of Human Services, Newborn Home Visit).  Dawn Landry and Jane Hybsch testified for the agency.

 

     Sen. Flanders and Sen. Estabrook left the meeting as the discussion on this item began.

 

     Sen. Clegg moved that the Committee approve Final Proposal 2005-123.

 

     Rep. Taylor seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2005-103 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Peer Support Services and Rights of Members Receiving Peer Support Services), Marilyn Doyle and Raymond Perry testified for the agency.

 

     Rep. Millham, moved that the Committee conditionally approved Final Proposal 2005-103 on the condition that the heading to He-M 315.08 be amended to say “Suspension of Membership or Participation” and that the heading to He-M 316.09 be amended to say “Member and Participant Rules”.

 

     Rep. Taylor seconded.

 

     Adopted.

 

6.  After a break, with Reps. Patten, Millham, Allan, and Pilotte, and Sen. Clegg present, the Committee discussed Final Proposal 2005-42 from the Board of Claims (Organizational Rules).  Trudy Mott-Smith of the Department of Administrative Services and Matthew Upton, Board Chairman, testified for the agency:

 

     Since a quorum was not yet present, the Committee took no action at this time.

 

7.  The Committee discussed Final Proposal 2005-43 from the Board of Claims (Procedural Rules). Matthew Upton and Trudy Mott-Smith testified for the agency.

 

     Rep. Taylor arrived during the discussion of this item, and a quorum was now present.

 

     The Committee took no action on Final Proposal 2005-43 at this time.

 

8.  The Committee resumed discussion of Final Proposal 2005-42 from the Board of Claims (Organizational Rules).  Matthew Upton testified for the agency.

 

     Rep. Allan moved that the Committee approve Final Proposal 2005-42.

 

     Rep. Millham seconded.

 

     Adopted.

 

9.  The Committee resumed discussion of Final Proposal 2005-43 from the Board of Claims (Procedural Rules).

 

     Sen. Clegg moved that the Committee approve Final Proposal 2005.43.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2005-44 from the Board of Claims (Attorney Fees; Explanation of Adopted Rules).  Matthew Upton testified for the agency.

 

     Sen. Clegg moved that the Committee approve Final Proposal 2005-44.

 

     Rep. Taylor seconded.

 

     Adopted.

 

11.  The Committee discussed Final Proposal 2005-45 from the Board of Claims (Claims).

 

     Sen. Clegg moved that the Committee approve Final Proposal 2005-45.

 

     Rep. Allan seconded.

 

     Adopted.

 

12.  The Committee discussed Final Proposal 2005-85 from the Board for the Licensing and Regulation of Plumbers (Organizational Rules).  Trudy Mott-Smith of the Department of Administrative Services, Board Chairman James Varotsis, Board member Todd Evans, and Nancy Allen, Plumbing Inspector, testified for the Board.

 

      Rep. Clegg moved that the Committee conditionally approve Final Proposal 2005-85 on the conditions that (1) Plu 103.03 (f) be amended to insert the phrase “in accordance with RSA 155-A:2, XI” at the end of the paragraph; (2) a reference be added to RSA 155-A:2, XI in the cross-reference table for Plu 103.04 (f); and (3) that Plu 104.02 (d) be amended by inserting the phrase “unless otherwise ordered by a court of competent jurisdiction” at the end of the paragraph.

 

      Rep. Taylor seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2005-86 from the Board for the Licensing and Regulation of Plumbers (Procedural Rules).  Trudy Mott-Smith of the Department of Administrative Services and Todd Evans, Board member, testified for the Board.

 

      Rep. Taylor moved that the Committee approve Final Proposal 2005-86.

 

      Rep. Pilotte seconded.

 

      Adopted.

 

14.  The Committee discussed Final Proposal 2005-87 from the Board for the Licensing and Regulation of Plumbers (Complaints of Misconduct; Settlements; Explanation of Adopted Rules).  Trudy Mott-Smith of the Department of Administrative Services and Todd Evans, Board member, testified for the Board.

 

      Sen. Clegg moved that the Committee approve Final Proposal 2005-87.

 

      Rep. Taylor seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2005-88 from the Board for the Licensing and Regulation of Plumbers (Licensing Requirements).  Trudy Mott-Smith of the Department of Administrative Services, and Todd Evans, Board member, testified for the Board.

 

     The following persons also testified:

 

              Nancy Allen, Plumbing Inspector, representing the Board.

 

     Dianne Swain, representing the N.H. Plumbing and Mechanical Contractors Association, who also submitted written testimony.

 

     Sen. Clegg moved that the Committee make a preliminary objection to Final Proposal 2005-88 on the grounds as outlined in the public testimony and in the annotations to the final proposal by Committee Attorney Morrell.

 

     Rep. Allan seconded.

 

     Adopted.

 

16.  The Committee discussed the response by the Liquor Commission to the Committee’s preliminary objection to Final Proposal 2005-91 (Rules Relating to Particular Licenses).  Ivan Bass testified for the agency.

 

        Sen. Clegg left the meeting as the discussion on this item began, and a quorum was not present.  The Committee therefore moved to the next item.

 

17.The Committee discussed a draft letter to the Department of Safety relative to an emergency rule filed by the Department of Safety on April 5, 2005 on electrical requirements for carnival amusement rides.

 

It was the consensus of the Committee members present that the letter be sent with an amendment changing the statement that the Department should seek legislation to clarify its authority to a statement that the Committee would seek legislation.

 

18.  The Committee discussed scheduling the response by the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2005-31 (Division of Water, Septage Management Rules).

 

        It was the consensus of the members present that this item be on the agenda for the regular Committee meeting on October 20, 2005.

 

19.  The Committee discussed briefly the plan by the Department of Environmental Services to re-organize and renumber its rules, as described in its letter of July 29, 2005 to the Director of the Office of Legislative Services and in the Director’s final approval letter of September 7, 2005.

 

20.  The Committee discussed the agenda for the continued meeting on October 6, 2005.

 

      It was the consensus of the Committee members present that the response by the Public Utilities Commission to the Committee’s preliminary objection on September 16, 2005 to Final Proposal 2005-97 (Rules for Electric Service) be on the agenda for the meeting on October 6, 2005 if the response is received prior to that date.

 

21.  Sen. Martel arrived at this time, and, with a quorum now present, the Committee resumed discussion of the response by the Liquor Commission to the Committee’s preliminary objection to Final Proposal 2005-91 (Rules Relating to Particular Licenses).

 

     Rep. Millham moved that the Committee accept the response and approve the rules.

 

     Rep. Taylor seconded.

 

     Adopted.

 

22.  The Committee reaffirmed the consensus relative to (1) scheduling Objection Response 2005-97 on the agenda for the continued meeting on October 6, 2005, (2) scheduling Objection Response 2005-31 on the agenda for the regular meeting on October 20, 2005, and (3) Sending the letter to the Department of Safety relative to authority for an emergency rule on electrical requirements for carnival amusement rides.

 

      It was also the consensus of the Committee that the Committee would discuss on October 6, 2005 the re-scheduling of the regular Committee meeting on November 17, 2005.

 

23.  Rep. Allan moved that the Committee recess.

 

      Rep. Taylor seconded.

 

      Adopted.

 

      The Committee recessed at 12:08 p.m.