Joint Legislative Committee on Administrative Rules
Action Minutes
JANUARY 20, 2006
Members Present: Representatives
Patten, Taylor, Bicknell, Carson*, Millham*, and Pilotte*, and Senator
Flanders. (*) Indicates alternate
member.
(**)
Part 1, Article 28-a was not an issue in
the Committee’s discussions or decisions in this meeting.
1. The meeting was convened at 9:14 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from Rep.
Patten, were Reps. Taylor, Bicknell, Carson, Millham, and Pilotte, and Sen.
Flanders.
Rep. Patten appointed Reps. Pilotte,
Millham, and Carson as alternates, respectively, for Rep. Wall, Rep. Allan, and
Sen. Clegg, who were absent.
2. The Committee discussed the minutes of the
continued Committee meeting on December 22, 2005.
Rep. Taylor moved that the minutes be
approved.
Rep. Millham seconded.
Adopted.
3. The Committee discussed regular and continued
meeting dates for 2006 as proposed by Rep. Patten.
Rep. Carson moved that the Committee
approve the dates.
Rep. Millham seconded.
Adopted.
4. The
Committee discussed the following final proposals and proposed interim rules
from the agencies indicated (Consent Agenda – Final Proposals and Proposed
Interim Rules):
FP 2005-180 |
BOARD OF EDUCATION Renovating Regional Vocational Technical Centers |
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FP 2005-181 |
DEPARTMENT OF SAFETY Electronic Toll Collection
Hearings |
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FP 2005-195 |
DEPARTMENT OF ADMINISTRATIVE SERVICES Revised Organizational Rules |
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FP
2005-197 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Air Definition Amendment - Volatile Organic Compounds |
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FP 2005-198 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Day Services |
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INT 2005-31 |
FISH AND GAME DEPARTMENT Hunter Safety/Free Fishing Day |
Rep. Taylor moved that the final proposals
and proposed interim rules be approved.
Rep. Carson seconded.
There was apparently no vote at this
time. (See Item #11 below.)
Rep.
Patten noted for the record that the following final proposal would have been
on the Consent Agenda but was automatically approved after January 16, 2006
pursuant to RSA 541-A:13, II(e):
FP 2005-190 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Treatment of Income in the Food Stamp Program |
No
further action was taken.
5. The
Committee discussed Proposed Interim Rule INT 2006-1 from the Department of
Safety (Dealer Registration Rules).
Sheri Kelloway testified for the agency.
Rep. Taylor moved that the Committee approve
Proposed Interim Rule INT 2006-1.
Sen.
Flanders seconded.
Adopted.
6. The
Committee discussed Final Proposal 2005-175 from the Department of Safety
(Stair Configuration Amendment and Licensing of Pyrotechnician Rules).
Marta Modigliani and State Fire Marshal T. William Degnan testified for the
agency.
Sen
Flanders moved that the Committee conditionally approve Final Proposal 2005-175
on the condition that (1) Saf-C 6019.07 (a)(7) intro. and (a)(7) be amended by
replacing the word “endorsement” by, respectively, “recommendation,” and “such recommendations”,
and (2) the words “in each endorsement field” be inserted after “10 hours” in
Saf-C 6019.09 (b).
Rep.
Taylor seconded.
Adopted.
7. The
Committee discussed Final Proposal 2005-199 from the Department of Safety
(Toll-Free Hotline for Drug-Free School Zone).
Marta Modigliani testified for the agency.
Sen.
Flanders moved that the Committee conditionally approve Final Proposal 2005-199
on the condition that Saf-C 3603.04 be amended to place paragraph (c) before
(b), to indicate that if the caller does not wish to remain anonymous, then the
name, address, and telephone number of the caller could then be requested, and
to make these changes grammatical.
Rep.
Pilotte seconded.
Adopted.
8. The
Committee discussed Proposed Interim Rule 2005-32 from the Banking Department
(General Requirements: Licensees). Donna Soucy represented the agency.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2005-32.
Rep.
Carson seconded.
Adopted.
9. The Committee discussed Proposed Interim Rule
INT 2005-33 from the Banking Department (Mortgage Bankers and Brokers). Donna Soucy testified for the agency.
Rep.
Taylor moved that the Committee approve Proposed Interim Rule INT 2005-33.
Rep.
Carson seconded.
Adopted.
10.The Committee discussed Final Proposal
2005-140 from the Board of Barbering, Cosmetology, and Esthetics (Application
Procedures, Licensing Requirements, and Renewal Form). Lynda Elliott testified for the agency.
Rep. Millham moved that the Committee make a
preliminary objection to Final Proposal 2005-140 on the grounds as outlined in
the annotations to the final proposal by Committee staff.
Rep.
Carson seconded.
Adopted.
11.The Committee discussed the Consent Agenda
again.
Since approval of the Consent Agenda had been
moved and seconded (See Item 4 above), but apparently not adopted, the
Committee now voted on the motion.
The
motion was adopted.
12. The
Committee discussed Final Proposal 2005-159 from the Pharmacy Board (Amendments
to Existing Rules Regulating Pharmacists and Technicians). Paul Boisseau testified for the agency.
On
behalf of the Board, Paul Boisseau had submitted a letter dated January 19,
2006 containing proposed changes to the final proposal.
Rep.
Millham moved that the Committee conditionally approve Final Proposal 2005-159
on the condition that the Board make the changes to the final proposal
specified in items 2, 3, and 7 in Mr. Boisseau’s letter of January 19, 2006 and
delete Ph 802.01(b), Ph 803.01(e), and Ph 807.01(e)-(g).
Rep.
Bicknell seconded.
Adopted.
13. The
Committee discussed final Proposal 2005-105 from the Naturopathic Board of
Examiners (Continued Status). Trudy
Mott-Smith of the Department of Administrative Services and Christine Kuhlman,
Board member, represented the Board.
Rep.
Taylor moved that the Committee approve Final Proposal 2005-105.
Rep.
Carson seconded.
Adopted.
After
further discussion, Rep. Taylor moved that the Committee reconsider this vote
to approve.
Rep.
Carson seconded.
Adopted.
Rep.
Taylor moved that the Committee conditionally approve Final Proposal 2005-105
on the condition that Nat 402.04 (a)(4) be amended by deleting the words “and
have not received a waiver of such compliance pursuant to Nat 405.03”.
Rep.
Carson seconded.
Adopted.
14.The Committee discussed Final Proposal
2005-117 from the Department of Health and Human Services (Commissioner, Maximum
Reimbursement for Residential Child Care Rate Setting).
The Committee’s 45-day deadline to act on the
final proposal pursuant to RSA 541-A:13, II(e) was January 27, 2006. In a letter to the Director of Legislative
Services dated January 12, 2006, the agency had supported a waiver of the
deadline pursuant to RSA 541-A:40, IV by the Director so that the proposal
could be heard at the continued Committee meeting on February 3, 2006.
Rep. Millham moved that the Committee request
an extension of the 45-day period.
Rep. Pilotte seconded.
Adopted.
15.The Committee discussed Final Proposal
2005-211 from the Department of Health and Human Services (Division of Elderly
and Adult Services, Nursing Facilities Reimbursement). Maralyn Doyle and Jonathan McCosh testified
for the agency.
Rep. Taylor moved that the Committee approve
Final Proposal 2005-211.
Rep. Millham seconded.
Adopted.
John Poirier, representing the N.H. Health
Care Association, then testified.
16.The Committee discussed Final Proposal
2005-179 from the Board of Education (Dropout Prevention and Recovery
Program). Bonnie St. Jean testified for
the agency.
The Board had requested a conditional
approval in an amended rule submitted by Ms. St. Jean at the Committee meeting.
Rep. Carson moved that the Committee
conditionally approve Final Proposal 2005-179 as requested.
Rep. Bicknell seconded.
Adopted.
17.The Committee discussed Proposed Interim Rule
INT 2006-2 from the Department of Employment Security (Records to be Kept by
Each Employing Unit and Each Employee).
General Counsel Lon Siel testified for the agency.
Rep. Bicknell moved that the Committee
approve Proposed Interim Rule INT 2006-2.
Rep. Pilotte seconded.
Adopted.
18.The Committee discussed Proposed Interim Rule
INT 2006-3 from the Department of Employment Security (Payment Vouchers, Mass Layoffs,
Part-Time Work Information). General
Counsel Lon Siel testified for the agency.
The agency had requested a conditional
approval in a written submission in the meeting from Lon Siel containing an
amendment to Emp 302.13(i).
Rep. Bicknell moved that the Committee
conditionally approve Proposed Interim Rule INT 2006-3 as requested.
Rep. Carson seconded.
Adopted.
19.The Committee discussed Proposed Interim Rule
INT 2006-4 from the Department of Employment Security (Part-time Availability
and Shift Availability). General Counsel
Lon Siel testified for the agency.
Rep. Carson moved that the Committee approve
Proposed Interim Rule INT 2006-4.
Rep.
Bicknell seconded.
Adopted.
20.Rep. Taylor moved that the Committee postpone
the following items to the continued Committee meeting on February 3, 2006:
15. POSTSECONDARY EDUCATION COMMISSION |
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(a) FP 2005-183 |
(JLCAR Deadline February 6, 2006.) |
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(b) FP 2005-184 |
Workforce Incentive Program (JLCAR Deadline February 6,
2006.) |
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(c) FP 2005-185 |
Leveraged Incentive Grant Program (JLCAR Deadline February 6,
2006.) |
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(d) FP 2005-186 |
Scholarship for Orphans of
Veterans (JLCAR Deadline February 6,
2006.) |
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16. FP 2005-194 |
PESTICIDE CONTROL BOARD Examination Grades & Retakes, Conditions for Granting Special
Permits & Restricted Use Materials (JLCAR Deadline February 6,
2006.) |
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17. FP 2005-176 |
INSURANCE DEPARTMENT Automobile Insurance (JLCAR Deadline February 13, 2006.) |
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18. FP 2005-203 |
DEPARTMENT OF REVENUE ADMINISTRATION Conservation Restriction Assessments (JLCAR Deadline February 20, 2006.) |
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19. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2005-210 |
Former Division of Public Health Services WIC Nutrition Program (JLCAR Deadline February 20,
2006.) |
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(b) FP 2005-205 |
Commissioner (JLCAR Deadline February 20, 2006.) |
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(c) FP 2005-206 |
Former Division of Human Services Radiological Services (JLCAR Deadline February 20,
2006.) |
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(d) FP 2005-207 |
Former Division of Human Services Wheelchair Van Services (JLCAR Deadline February 20,
2006.) |
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(e) FP 2005-208 |
Former Division of Human Services Laboratory Services (JLCAR Deadline February 20,
2006.) |
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(f) FP 2005-117 |
Department of Health and Human Services Commissioner Maximum Reimbursement for Residential Child Care Rate Setting (JLCAR Deadline January 27, 2006
unless waived pursuant to RSA 541-A:40, IV.) |
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(g) OR 2005-152 |
Former
Division of Public Health Services Electrologists (JLCAR Deadline March 7, 2006.) |
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20. Remaining
Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not
Yet Reviewed by Committee Staff. (JLCAR Deadline February 21, 2006.) |
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(a) OR 2005-115 |
BOARD OF DENTAL EXAMINERS Housekeeping,
Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty
Clarification, Changes to Ethical Duties |
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21. Remaining
Responses to Preliminary Objections made in December 15, 2005 Meeting But Not
Yet Reviewed by Committee Staff. (JLCAR Deadline March 21, 2006.) |
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(a) OR 2005-162 |
DEPARTMENT OF ENVIRONMENTAL
SERVICES Water Quality
and Quantity Programs Selection of Consulting Engineering Firms |
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22. Remaining
Responses to Preliminary Objections made in December 22, 2005 Meeting But Not
Yet Reviewed by Committee Staff. (JLCAR Deadline March 28, 2006.) |
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(a) OR 2005-104 |
BOARD OF
EDUCATION Administration in Public Schools |
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OTHER BUSINESS |
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23. Other |
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21. The
Committee recessed at 12:07 p.m.