Joint Legislative Committee on Administrative Rules
Action Minutes
DECEMBER 15, 2005
Members Present: Representatives
Patten, Taylor, Allan, Carson*, Millham*, Pilotte*, Dokmo*, and Mitchell,* and
Senators Flanders, Letourneau, Clegg,
(*)
Indicates alternate member.
(**) Indicates where Part 1, Article 28-a was an
issue in the Committee’s discussions or decisions in this meeting. (See Item #7 which received a preliminary
objection. However, the basis for
objection did not include Part 1, Article 28-a.)
1. The meeting was convened at 9:02 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from Rep.
Patten, were Reps. Allan, Carson, Dokmo, and Mitchell, and Sen. Flanders.
Rep. Patten appointed Reps. Carson, Dokmo,
and Mitchell as alternates, respectively, for Reps. Bicknell,
2. The Committee discussed the minutes of the continued Committee meeting on December 1, 2005.
Rep. Allan moved that the minutes be
approved.
Rep. Carson seconded.
Adopted.
3. The Committee discussed future Committee meeting dates.
Sen. Clegg arrived during the discussion of
this item.
It was the consensus of the Committee that,
along with the continued meeting date on December 22 already decided, the
Committee will have a regular meeting on January 20, 2006, a continued meeting
on February 3, 2006, and a regular meeting on February 17, 2006.
4. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
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FP 2005-153 |
PARI-MUTUEL COMMISSION Use of Prohibited Substances and Practices in Horse Racing |
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FP 2005-154 |
BOARD OF SPEECH LANGUAGE PATHOLOGY Organizational Rules |
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FP 2005-155 |
BOARD OF SPEECH LANGUAGE PATHOLOGY Procedural Rules |
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FP
2005-156 |
BOARD OF SPEECH LANGUAGE PATHOLOGY Procedures for the Receipt of Misconduct Complaints and the Conduct of Disciplinary Hearings; Settlements; Explanation of Adopted Rules; Voluntary Surrender of License |
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FP 2005-157 |
BOARD OF SPEECH LANGUAGE PATHOLOGY Requirements for Licensure |
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FP 2005-163 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Federal Standards for New Sources and Hazardous Air Pollutants Update |
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FP 2005-169 |
POSTSECONDARY EDUCATION COMMISSION Expanding Surety Indemnification Options for Private Postsecondary Career Schools |
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FP 2005-172 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Lottery Intercept |
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FP 2005-174 |
DEPARTMENT OF REVENUE ADMINISTRATION Tobacco Tax |
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FP 2005-182 |
FISH AND GAME DEPARTMENT Moose Lottery Application) |
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FP 2005-191 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Bicycle Protective Headgear Regulations |
Rep. Pilotte and Sen. Bragdon arrived during
the discussion of this item.
Rep. Patten appointed Rep. Pilotte as an alternate
for Sen. Clark, who was absent.
Rep. Dokmo moved that the final proposals in
the consent agenda be approved.
Rep. Pilotte seconded.
Adopted.
5. The
Committee discussed the response of the Wetlands Council to the Committee’s
preliminary objection to Final Proposal 2005-136 (Wetlands Council Practice and
Procedure).
The item had been tabled at the Committee
meeting on December 1, 2005 and had to be taken off the table to be considered.
Sen.
Clegg moved that this item be taken off the table.
Sen.
Flanders seconded.
Adopted.
Gretchen
Hamel of the Department of Environmental Services testified for the Council.
The
agency had submitted an amended objection response (request for approval with
further amendment) in a letter and attached rule dated December 13, 2005, for
which a waiver of the filing deadline under RSA 541-A:13, V (d) had been
requested by the agency and had been granted by the Director of the Office of
Legislative Services under RSA 541-A:40, V.
Rep.
Millham and Rep. Taylor arrived during the discussion of this item.
Sen.
Clegg moved that the Committee accept the amended objection response and
approve the rules.
Rep.
Carson seconded.
Adopted.
At
this time, Rep. Patten appointed Rep. Dokmo and Sen. Bragdon as alternates, respectively,
for Sen. Letourneau and Sen. Estabrook, who were absent. Rep. Millham was not voting since she had not
been appointed for an absent regular member.
6. The
Committee discussed again the minutes of the continued meeting on December 1,
2005.
Rep.
Allan moved that the Committee reconsider its vote to approve the minutes.
Sen.
Bragdon seconded.
Adopted.
After
further discussion, Rep. Allan moved that the Committee approve the minutes
with an amendment in Item #1 on page 1 to include Rep. Taylor as being present
when the meeting was convened.
Rep.
Dokmo seconded.
Adopted.
**7. The
Committee discussed Final Proposal 2005-162 from the Department of
Environmental Services (Water Quality and Quantity Programs, Selection of
Consulting Engineering Firms). Gretchen
Hamel and John Bush testified for the agency.
Sen.
Clegg moved that the Committee make a preliminary objection to Final Proposal
2005-162 on the grounds that Env-Wq 604.04(c) and Env-Wq 604.05(b) prevent
political subdivisions from requesting fee estimates, or using fee estimates in
rating engineering firms.
Rep.
Taylor seconded.
Adopted.
8. The
Committee discussed Final Proposal 2005-193 from the Fish and Game Department
(Off Highway Recreational Vehicle Rules).
Sandra Falicon testified for the agency.
Rep.
Allan moved that the Committee approve Final Proposal 2005-193.
Sen.
Clegg seconded.
Adopted.
9. The Committee discussed Final Proposal
2005-192 from the Department of Health and Human Services (Division of Elderly
and Adult Services, Nursing Facility Eligibility Criteria and
Certification). Mary McGuire and Susan
Lombard testified for the agency.
The following persons also testified:
Caroline
A. Virtue, representing Heritage Case Management of Concord, N.H.
John
E. Poirier, representing the N.H. Health Care Association.
Sen.
Letourneau arrived during the discussion of this item. Therefore, Rep. Dokmo was no longer voting as
an alternate.
Rep.
Allan moved that the Committee approve Final Proposal 2005-192.
Sen.
Clegg seconded.
Adopted. Rep. Patten noted for the record that Rep.
Pilotte voted “no”.
10. The Committee discussed Final Proposal
2005-158 from the N.H. Lottery Commission (Rules for New Hampshire
Powerball). Georges Roy and Richard
Campbell testified for the agency.
Sen. Clark arrived during the discussion of
this item. Therefore, Rep. Pilotte was
no longer voting as an alternate.
Rep. Taylor moved that the Committee approve
Final Proposal 2005-158 and request that the Commission seek legislation that
will partially exempt Powerball rules from the rulemaking provisions of RSA
541-A, as necessary to implement national Powerball provisions.
Sen. Letourneau seconded.
Adopted.
11. The Committee discussed Proposed Interim Rule
INT 2005-27 from the Department of Transportation (Process for Marketing and
Sale of State-Owned Property Utilizing Real Estate Professionals). Marie-Helene Bailinson and William P. Janelle
testified for the agency.
On
behalf of the agency, Ms. Bailinson requested a conditional approval with
amended language submitted verbally.
Rep. Taylor moved that the Committee
conditionally approve Proposed Interim Rule INT 2005-27 as requested by the
agency.
Rep. Carson seconded.
Adopted.
12. After a break, with Reps. Patten, Taylor,
Allan, Carson, Millham, Pilotte, Dokmo, and Mitchell, and Sens. Flanders,
Clegg, Letourneau, Clark, and Bragdon present, the Committee discussed again
Proposed Interim Rule INT 2005-27 with Marie-Helene Bailinson testifying for
the agency.
The Committee confirmed by consensus that the
Committee conditionally approved Proposed Interim Rule INT 2005-27 on the
condition that Tra 1003.01(d) be amended to read: “The pre-qualification committee shall review
the proposals submitted to the department to determine whether the applicant
has demonstrated competence and qualifications to market and sell state-owned
property advertised by the department.
After which, they shall be placed on the pre-qualified list and assigned
to one or more regions.”
13. The
Committee discussed Proposed Interim Rule INT 2005-28 from the Liquor
Commission (Interim Procedural Rules and Enforcement Policy). Ivan Bass and Steve Slovenski testified for
the agency.
Rep. Taylor moved that the Committee approve
Proposed Interim Rule INT 2005-78 with the understanding that the legislature
should look at, and that the Commission would examine during the regular
rulemaking proceeding, the issues of apparent conflict between the proposed
rules on penalties and RSA 179:56, III and RSA 128-A:8, IV as outlined by
Committee staff in the annotations to rules Liq 603 and Liq 605.
Sen. Clark seconded.
Adopted.
14. The Committee discussed Proposed Interim Rule
INT 2005-29 from the Department of Safety (Various Motor Vehicle Inspection
Requirements Interim Rules). Sheri Kelloway
testified for the agency.
Sen. Letourneau moved that the Committee
approve Proposed Interim Rule INT 2005-29.
Sen. Clark seconded.
Adopted.
15. The Committee discussed Proposed Interim Rule
INT 2005-26 from the Department of Safety (Interim Inter-Facility Transfer
Exception Rules). Marta Modigliani
testified for the agency.
Sen. Clegg moved that the Committee approve
Proposed Interim Rule INT 2005-26.
Sen. Clark seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule
INT 2005-30 from the Department of Employment Security (New Hire). Lon Siel testified for the agency.
Rep. Dokmo left the meeting during the
discussion of this item.
Sen. Clark moved that the Committee approve
Proposed Interim Rule INT 2005-30.
Sen. Clegg seconded.
Adopted.
Rep. Patten noted for the record that Rep. Taylor voted “no”.
17. Rep. Taylor moved that the Committee recess
and continue the meeting on December 22, 2005.
Rep.
Allan seconded.
Adopted.
The Committee recessed at 12:10 p.m.,
effectively postponing consideration of the following items to the meeting on
December 22:
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16. FP 2005-104 |
BOARD OF EDUCATION Administration in Public Schools (JLCAR Deadline December 26,
2005.) |
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17. FP 2005-145 |
DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT Rules for the Division of Parks and Recreation (JLCAR Deadline January 16, 2006.
Former rules expired January 23, 2005.) |
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18. INSURANCE DEPARTMENT |
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(a) FP 2005-137 |
Ins 1902 Minimum Standards for Medicare Supplement Policies Issued Prior to Adoption of Insurance Regulation Ins 1905 (JLCAR Deadline January 16, 2006.) |
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(b) FP 2005-138 |
Ins 1903 Medicare Supplement Insurance (JLCAR Deadline January 16,
2006.) |
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19. COLLEGE TUITION SAVINGS PLAN ADVISORY
COMMISSION |
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(a) FP 2005-164 |
Unique Annual Allocation Program (JLCAR Deadline January 2,
2006.) |
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(b) FP 2005-165 |
Unique Endowment Allocation Program (JLCAR Deadline January 2, 2006.) |
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20. Remaining
Responses to Preliminary Objections Made in November 17, 2005 Meeting But Not
Yet Received 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 and Revised Objections made in December 1, 2005
Meeting But Not Yet Received by Committee Staff. (JLCAR Deadline March 7, 2006.) |
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(a) OR 2005-152 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Electrologists |
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(b) ROR 2005-150 |
DEPARTMENT OF
HEALTH AND HUMAN SERVICES Former
Division of Public Health Services Newborn Screening and Newborn Hearing Screening |
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(c) ROR 2005-88 |
BOARD FOR THE
LICENSING AND REGULATION OF PLUMBERS Licensing Requirements |
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OTHER BUSINESS |
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22. Other |
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