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

 

 

FP 2005-181

DEPARTMENT OF SAFETY

Electronic Toll Collection Hearings

 

 

FP 2005-195

DEPARTMENT OF ADMINISTRATIVE SERVICES

Revised Organizational Rules

 

 

FP 2005-197

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Air Definition Amendment - Volatile Organic Compounds

 

 

FP 2005-198

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Day Services

 

 

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

 

(a)  FP 2005-183

New Hampshire Incentive Program

(JLCAR Deadline February 6, 2006.)

 

 

(b)  FP 2005-184

Workforce Incentive Program

(JLCAR Deadline February 6, 2006.)

 

(c)  FP 2005-185

Leveraged Incentive Grant Program

(JLCAR Deadline February 6, 2006.)

 

 

(d)  FP 2005-186

Scholarship for Orphans of Veterans

(JLCAR Deadline February 6, 2006.)

 

16.    FP 2005-194

PESTICIDE CONTROL BOARD

Examination Grades & Retakes, Conditions for Granting Special Permits & Restricted Use Materials

(JLCAR Deadline February 6, 2006.)

 

 

17.    FP 2005-176

INSURANCE DEPARTMENT

Automobile Insurance

(JLCAR Deadline February 13, 2006.)

 

 

18.    FP 2005-203

DEPARTMENT OF REVENUE ADMINISTRATION

Conservation Restriction Assessments

(JLCAR Deadline February 20, 2006.)

 

19.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2005-210

Former Division of Public Health Services

WIC Nutrition Program

(JLCAR Deadline February 20, 2006.)

 

 

(b)  FP 2005-205

Commissioner

New Hampshire Residential Child Care Licensing Rules

(JLCAR Deadline February 20, 2006.)

 

 

(c)  FP 2005-206

Former Division of Human Services

Radiological Services

(JLCAR Deadline February 20, 2006.)

 

 

(d)  FP 2005-207

Former Division of Human Services

Wheelchair Van Services

(JLCAR Deadline February 20, 2006.)

 

 

(e)  FP 2005-208

Former Division of Human Services

Laboratory Services

(JLCAR Deadline February 20, 2006.)

 

 

(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.)

 

 

(g)  OR 2005-152

Former Division of Public Health Services

Electrologists

(JLCAR Deadline March 7, 2006.)

 

 

20.    Remaining Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not Yet Reviewed by Committee Staff.

         (JLCAR Deadline February 21, 2006.)

 

 

         (a)  OR 2005-115

BOARD OF DENTAL EXAMINERS

Housekeeping, Licensure Processes, Fee Changes, Expanded Duties, Dental Assistant Duty Clarification, Changes to Ethical Duties

 

 

21.    Remaining Responses to Preliminary Objections made in December 15, 2005 Meeting But Not Yet Reviewed by Committee Staff.

         (JLCAR Deadline March 21, 2006.)

 

         (a)  OR 2005-162

DEPARTMENT OF ENVIRONMENTAL SERVICES

Water Quality and Quantity Programs

Selection of Consulting Engineering Firms

 

22.    Remaining Responses to Preliminary Objections made in December 22, 2005 Meeting But Not Yet Reviewed by Committee Staff.

         (JLCAR Deadline March 28, 2006.)

 

         (a)  OR 2005-104

BOARD OF EDUCATION

Administration in Public Schools

 

 

OTHER BUSINESS

 

23.    Other

 

 

21.               The Committee recessed at 12:07 p.m.