JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
SEPTEMBER 3, 2009
Members Present: Representatives Pilotte, Patten, Schmidt, Millham, Boyce*,
Kidder*, and Sad*, and Senator 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 9:04 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Schmidt, Millham, Kidder, and Sad, and Sen. Carson.
Rep. Pilotte appointed Rep. Sad and Rep.
Kidder as alternates, respectively, for Rep. Gottling and Sen. Letourneau, who
were absent.
2. The Committee discussed the minutes of the Committee meeting on August 20, 2009.
Rep. Millham moved that the minutes be approved.
Rep. Kidder seconded.
Adopted.
3. The Committee discussed whether to postpone action on certain items to another meeting.
Rep. Schmidt moved that the Committee postpone action on the following item to the next Committee meeting on September 17, 2009:
17. OR 2009-64 |
BANKING DEPARTMENT Collateralization of Public Deposits (JLCAR
Deadline October 19, 2009. Former
interim rule expired December 21, 2008.) |
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OTHER BUSINESS |
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18. Other |
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Rep. Millham seconded.
Adopted.
Rep.
Boyce arrived at this time. Rep. Pilotte
initially appointed Rep. Boyce as an alternate for Sen. Downing but, after
discussion, appointed Rep. Boyce as an alternate for Sen. Merrill, who was
absent.
4. The Committee discussed Final Proposal 2009-62
from the Board of Tax and Land Appeals (Procedural Rules for Specific Types of
Appeals). Paul Franklin and Anne
Stelmach testified for the Board.
Rep. Patten moved that the committee
approve Final Proposal 2009-62.
Rep. Schmidt seconded.
Adopted.
5. The Committee discussed Final Proposal 2009-63
from the Board of Tax and Land Appeals (Notice of Tax Date; Rules Governing
Exemption Applications to Municipalities; Filing Fees). Paul Franklin and Anne Stelmach testified for
the Board.
Sen. Carson moved that the Committee
approve Final Proposal 2009-63.
Rep. Patten seconded.
Adopted.
6. The Committee discussed Final Proposal 2009-87
from the Board of Registration in Optometry (Waiver of Rules, Explanation After
Adoption of Rules, Application Form, Process and Qualifications for a License
as an Optometrist, Fee Schedule, Renewal and Reinstatement Process and
Refractive Surgery Post Operative Care).
Tina Kelley represented the Board.
Sen. Carson moved that the Committee
approve Final Proposal 2009-87.
Rep. Millham seconded.
Adopted.
7. The Committee discussed Final Proposal 2009-17
from the College Tuition Savings Plan Advisory Commission (Practice and
Procedures of the College Tuition Savings Plan Advisory Commission). State Treasurer Catherine Provencher and
Deputy State Treasurer Brad Jacobsen testified for the Commission.
Rep. Patten moved that the Committee
approved Final Proposal 2009-17.
Rep. Sad seconded.
Adopted.
8. The Committee discussed Final Proposal 2009-18
from the College Tuition Savings Plan Advisory Commission (Establishment,
Operation and Administrative Rules for the College Tuition Savings Plan
Advisory Commission). State Treasurer
Catherine Provencher and Deputy State Treasurer Brad Jacobsen testified for the
Commission.
Rep. Patten moved that the Committee
approve Final Proposal 2009-18 with the recommendation that the State Treasurer
approach the policy committees to clarify RSA 195-H relative to rulemaking
issues, such as delegation of rulemaking from the Commission to the Treasurer.
Rep. Boyce seconded.
Adopted.
9. After a break, with Reps. Pilotte, Patten,
Schmidt, Millham, and Kidder, and Sen. Carson present, the Committee resumed
discussion, from the meeting on August 20, 2009, about Final Proposal 2009-79
from the Public Utilities Commission (Utility Pole Attachments). Lynn Fabrizio, Kate Bailey, and Commissioner
Clifton Below testified for the Commission.
Reps. Sad and Boyce returned to the meeting
as the discussion began on this item.
The Commission had earlier requested a
conditional approval in a letter and amended rule dated August 18, 2009.
The following persons also testified:
Paul Phillips, representing the N.H.
Telephone Association.
Paul Sanderson, representing the
Susan Olson, representing the N.H.
Municipal Association.
Jeremy Katz, representing segTEL,
Inc.
Sarah Davis, representing FairPoint Communnications,
registered her opposition to the Final Proposal but did not speak.
Sen. Carson moved that the Committee make a
preliminary objection to Final Proposal 2009-79 based on Committee staff
comment and public testimony including issues of statutory authority, and
including written and oral public testimony submitted for the August 20, 2009
meeting.
Rep. Patten seconded.
A roll call vote was called. The vote was as follows:
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Yes |
No |
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Rep. Schmidt |
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X |
Rep. Patten |
X |
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Rep. Millham |
X |
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Rep. Boyce |
X |
|
Rep. Sad |
X |
|
Rep. Kidder |
X |
|
|
|
|
Sen. Carson |
X |
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|
|
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Total |
6 |
1 |
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|
|
|
|
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The vote was 6 “yes” and 1 “no”, with Rep.
Pilotte not voting.
The motion was adopted.
10. After a break, with Reps. Pilotte, Patten,
Schmidt, Millham, and Kidder present, the Committee discussed Proposed Interim
Rule INT 2009-16 from the Fish and Game Department (Periods of Fish and Game
License Revocation or Suspension for Various Violations). Mark Ellingwood represented the Department.
Because a quorum was not yet present, the
Committee undertook the next item.
11. The Committee discussed Final Proposal 2009-83
from the Fish and Game Department (Pheasant License Fee Increase, Sporting Club
Youth Pheasant Events). Mark Ellingwood
testified for the Department.
The Department had requested a conditional
approval in a letter dated August 31, 2009 and amended rule dated August 20,
2009.
Rep. Boyce returned to the meeting during
the discussion of this item, and a quorum was now present.
Suzanne Fournier also testified.
Rep. Patten moved that the Committee accept the conditional approval
request and conditionally approve Final Proposal 2009-83 based on the request.
Rep. Boyce seconded.
Adopted.
Rep. Pilotte noted for the record that
Rep. Schmidt voted “no”.
12. The Committee discussed again Proposed Interim
Rule INT 2009-16 from the Fish and Game Department (Periods of Fish and Game
License Revocation or Suspension for Various Violations).
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-16.
Rep. Millham seconded.
Adopted.
13. The Committee discussed Final Proposal 2009-82
from the Department of Safety (Various Watercraft Safety Rules). Marta Modigliani testified for the
Department.
The Department had requested a conditional
approval with an amended rule Saf-C 402.351 dated August 19, 2009.
Alan Moody, representing the Fish and Game
Department, also testified.
Rep. Patten moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-82 based on the request.
Rep. Millham seconded.
Adopted.
14. The Committee discussed Final Proposal 2009-86
from the Department of Safety (Various Licensing of Fuel Gas Fitters and Fuel
Gas Fitting Business Entities Rules).
Sheri Kelloway and Jeffrey Cyr testified for the Department.
Rep. Millham moved that the Committee
approve Final Proposal 2009-86 with the understanding that the recommendations
for legislation in the Committee’s letter of July 20, 2007 will be implemented by
the Department as soon as possible.
Rep. Schmidt seconded.
Adopted.
15. The Committee discussed Final Proposal
2008-185 from the Department of Justice (Victims’ Compensation). Glenn Perlow testified for the Department.
The Department had submitted a request for
conditional approval with a letter dated August 26, 2009 and an amended rule
dated (incorrectly) as March 6, 2009.
Rep. Patten moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2008-185 based on the request, and highly recommend that the
Department bring the issue of rulemaking in RSA 21-M:8-d to the policy
committees to determine whether the rape protocols should continue to be subject
to rulemaking.
Rep. Boyce seconded.
Adopted.
16. Rep. Patten moved that the Committee postpone
action on the following items to the next Committee meeting:
12. DEPARTMENT OF SAFETY |
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(b) FP 2009-77 |
Driver Education Rules (JLCAR Deadline September 21, 2009.) |
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17. OR 2009-64 |
BANKING DEPARTMENT Collateralization of Public Deposits (JLCAR
Deadline October 19, 2009. Former
interim rule expired December 21, 2008.) |
Rep. Kidder seconded.
Adopted.
17. Rep. Patten moved that the Committee adjourn.
Rep. Boyce seconded.
Adopted.
The Committee adjourned at 2:45 p.m.