JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

JANUARY 9, 2009

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, Boyce*, Taylor*, and Casey*, and Senators Cilley and Denley.  (*)  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 9:06 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Schmidt, Gottling, and Boyce, and Sens. Cilley and Denley.

 

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

 

     Rep. Casey arrived and left at this point in the meeting.

 

2.  The Committee discussed the minutes of the Committee meeting on December 18, 2008.

 

     Rep. Boyce moved that the minutes be approved.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     Sen. Cilley abstained from voting.

 

3.  The Committee discussed a proposed meeting schedule of regular and continued meetings for 2009 submitted by Committee staff.

 

     Rep. Millham arrived during the discussion of this item.

 

     It was the consensus of the Committee that May 29, July 30, September 3, and October 29 be selected as the continued meeting dates for the regular meeting dates on May 15, July 16, August 20, and October 15.  Other continued meeting dates remained as proposed.

 

     Rep. Schmidt moved that the Committee approve the proposed meeting schedule with the continued meeting dates selected by consensus.

 

     Rep. Gottling seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2008-186 from the Board of Nursing (Various Provisions Related to:  Qualifications, Examinations, Renewals, On-going Requirements, Nursing and Nursing Assistant Education Programs, Nursing Education Program Fees, and LNA Medication Administration Certification).

     The Board had submitted a conditional approval request with a letter dated December 2, 2008 and attached amended rules dated November 7, 2008, and a further amended rule dated December 16, 2008 and received January 7, 2009.

 

     Rep. Gottling moved that the Committee conditionally approve Final Proposal 2008-186 as requested, including the amendment.

 

     Rep. Millham seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2008-189 from the Department of Environmental Services (Hazardous Waste Programs, Hazardous Waste – Organizations and Definitions).  Gretchen Hamel, John Duclos, and Wendy Bonner testified for the Department.

 

     Rep. Taylor arrived in the meeting during the discussion of this item.

 

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

 

     Sen. Cilley moved that the Committee approve Final Proposal 2008-189 with the understanding that an Incorporation by Reference Statement would be filed as described in RSA 541-A:12, IV for the document incorporated in Env-Hw 104.51.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2008-190 from the Department of Environmental Services (Hazardous Waste Programs – Procedural Rules).  Gretchen Hamel and John Duclos testified for the Department.

 

     Rep. Schmidt moved that the Committee approve Final Proposal 2008-190.

 

     Rep. Gottling seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2008-191 from the Department of Environmental Services (Hazardous Waste Programs, Hazardous Waste – Permits).  Gretchen Hamel and Wendy Bonner testified for the Department.

 

     Rep. Schmidt left the meeting during the discussion of this item.

 

     Sen. Cilley moved that the Committee approve Final Proposal 2008-191.

 

     Rep. Millham seconded.

 

     Adopted.

 

8.  After a break, with Reps. Pilotte, Gottling, Millham, Boyce, and Taylor, and Senators Cilley and Denley present, the Committee discussed Final Proposal 2008-124 (Suitability in Annuity Transactions).  Deborah O’Loughlin, Chiara Dolcino, Michael Wilkey, and Keith Nyhan testified for the Department.

 

     Rep. Boyce left the meeting during the discussion of this item.

 

George W. Roussos of Orr and Reno Professional Association testified for the American Council of Life Insurers.

 

     Rep. Casey arrived and left during the discussion of this item.

 

     Sen. Denley moved that the Committee conditionally approve Final Proposal 2008-124 on the condition that the words “but not limited to” be inserted after the words “including” in Ins 305.04(a).

 

     Sen. Cilley seconded.

 

     Adopted.

 

     Rep. Millham left the meeting at this time.

 

9.  The Committee discussed Final Proposal 2008-174 from the Insurance Department (Medical Malpractice Liability Insurance). Deborah O’Loughlin, Chiara Dolcino, and David Withers testified for the Department.

 

     Reps. Casey and Millham returned to the meeting during the discussion of this item.

 

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

 

     The Department had submitted a conditional approval request in a letter dated January 6, 2009 and attached rule dated January 7, 2009.

 

     Rep. Taylor moved that the Committee conditionally approve Final Proposal 2008-174 as requested but with further amendments to Ins 1703.03(e), Ins 1703.07(e), Ins 1703.08(h), and Ins 1703.15(a) as quoted in comments to these rules by Committee staff, but to change “pursuant to” to “and” in the amendment to Ins 1703.07(e) and Ins 1703.08(h).

 

     Rep. Casey seconded.

 

     Adopted.

 

10.  The Committee discussed Final Proposal 2008-163 from the Board of Veterinary Medicine (Administrative Rules Vet 200-700).

 

      Rep. Millham moved that the Committee make a preliminary objection to Final Proposal 2008-163 on the grounds as outlined in the annotations to the Final Proposal by Committee staff.

 

      Rep. Casey seconded.

 

      Adopted.

 

11.  Rep. Casey moved that the Committee adjourn.

 

      Rep. Gottling seconded.

 

      Adopted.

 

      The Committee adjourned at 11:55 a.m.