Joint Legislative Committee on Administrative Rules
DECEMBER 1, 2005
Members Present: Representatives
Patten, Taylor, Dokmo*, Millham,* Pilotte*, Mitchell*, and
(**) Indicates where Part 1, Article 28-a was an issue in the Committee’s discussions or decisions in this meeting. (See Item #7. However, that item was approved.)
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, Pilotte, Mitchell, and Dokmo, and Sens. Flanders and Letourneau.
Shortly after the meeting was convened, Sen. Clegg and Rep. Millham also arrived. Sen. Clegg had been appointed by the Senate President as a regular member in place of Sen. Martel.
It was the consensus of the Committee to schedule a continued Committee meeting on December 22, 2005.
Rep. Patten appointed Reps. Millham, Pilotte, Dokmo, and Mitchell as alternates, respectively, for Rep. Bicknell, Sen. Clark, Rep. Allan, and Sen. Estabrook, who were absent.
2. The Committee discussed the minutes of the regular Committee meeting on November 17, 2005.
Rep. Taylor moved that the minutes be approved.
Sen. Clegg seconded.
3. The Committee discussed whether to postpone action on certain items to another meeting.
No action to postpone was taken at this time.
4. The Committee discussed Proposed Interim Rule INT 2005-25 from the Department of Health and Human Services (Ambulance Services). Dawn Landry testified for the agency.
Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2005-25.
Rep. Pilotte seconded.
5. The Committee discussed Final Proposal 2005-152 from the Department of Health and Human Services (Former Division of Public Health Services, Electrologists). John Martin and Chris Topham testified for the agency.
Rep. Carson and Sen. Estabrook arrived during the discussion of this item.
Since Sen. Estabrook was now present, Rep. Patten appointed Rep. Mitchell as an alternate for Rep. Wall, who was absent. Rep. Carson was not yet appointed and so was not voting.
Rep. Taylor moved that the Committee make a preliminary objection to Final Proposal 2005-152 on the grounds as outlined in the annotations to the Final proposal by Committee Attorney Eldridge-Banack.
Rep. Millham seconded.
6. The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2005-150 (Former Division of Public Health Services, Newborn Screening and Newborn Hearing Screening). Maralyn Doyle testified for the agency.
The agency asked for a revised objection on the grounds as outlined in the preliminary objection response by Committee Attorney Morrell with the additional ground that the words “informed dissent” in He-P 3008.04(b)(1) were unclear.
Rep. Taylor moved that the Committee make a revised objection as requested.
Sen. Letourneau seconded.
*7. The Committee discussed Final Proposal 2005-168 from the Department of Revenue Administration (Form PA-42, Applications for Exemption at a Residence in a Commercial Industrial Zone). Michael Williams testified for the agency.
Rep. Wall arrived during the discussion of this item. Therefore, Rep. Mitchell was not voting.
Sen. Clegg moved that the Committee approve Final Proposal 2005-168.
Sen. Flanders seconded.
8. The Committee discussed Final Proposal 2005-102 from the Department of Safety (Display, Consumer and Permissible Fireworks Rules). Marta Modigliani and Sgt. Patrick Poirier of the State Police testified for the Department.
Shawn Cross and Richard Bouley, representing Atlas Fireworks, also testified.
Letourneau moved that the Committee approve Final Proposal 2005-102 and recommend
that the agency seek legislation to address Committee staff’s annotations to
Saf-C 2602.06, 2602.09, 2602.10, and 2602.13 and ask the agency for
clarification regarding consumer, display, and
Rep. Dokmo seconded.
9. After a break, with Reps. Patten, Taylor,
Wall, Millham, Pilotte, and Dokmo, and Sens. Flanders and Clegg present, the
Committee discussed the response of the Wetlands Council to the Committee’s
preliminary objection to Final Proposal 2005-136 (Wetlands Council Practice and
Sen. Estabrook, Rep. Carson, and Sen. Letourneau returned during the discussion of this item.
Sen. Clegg moved that the Committee table this item.
Sen. Letourneau seconded.
10. The Committee discussed the response of the Board for the Licensing and Regulation of Plumbers to the Committee’s preliminary objection to Final Proposal 2005-88 (Licensing Requirements). Trudy Mott-Smith of the Department of Administrative Services and Tedd Evans, Board Vice-Chair, testified for the Board.
Rep. Carson and Sen. Estabrook left during the discussion of this item.
The following persons also testified:
Diane Swain, representing the N.H. Plumbing and Mechanical Contractors Association.
Nancy Allan, Plumbing Inspector.
John Pendleton, Board member.
Sen. Clegg moved that the Committee make a final objection.
Sen. Letourneau seconded.
After further discussion, Sen. Clegg withdrew his motion and Sen. Letourneau withdrew his second.
Trudy Mott-Smith requested a revised objection on behalf of the Board to address the issues outlined in the annotations by Committee Attorney Morrell on pages 4, 6, and 11 of the preliminary objection response, and the issues outlined in public testimony to Plu 302.03 (h)(1) and (3), and requested that the agency verify that Plu 302.03 (e)(1) does not conflict with existing employment law.
Sen. Clegg moved that the Committee make a revised objection to Final Proposal 2005-88 as requested.
Rep. Taylor seconded.
11. It was the consensus of the Committee to adjourn.
The Committee adjourned at 1:02 p.m.