JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
DECEMBER 17, 2009
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Taylor*,
Boyce*, Kidder*, and Sad*, and Senators Cilley, Letourneau, Carson, and
Downing*. (*) Indicates alternate member.
(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committee’s discussions or decisions in this meeting. (See Items #12 and #13. However, those items were approved.)
1. The meeting was convened at 9:01 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep.
Pilotte, were Reps. Patten, Schmidt, Gottling, Kidder, and Sad.
Rep. Pilotte appointed Rep. Sad and Rep. Kidder as alternates, respectively for Sen. Cilley and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the Committee meeting on December 3, 2009.
Rep. Patten moved that the minutes be approved.
Rep. Schmidt seconded.
Adopted.
3. The Committee discussed the LEAN process
improvement project as it affected the Committee process. Rep. Pilotte noted that a work room had been
made available for agencies. Agency
personnel were also requested to sign in and out of the Committee room in order
to gain data on the time used by agencies in waiting.
Rep. Millham, Rep. Boyce, and Sen. Carson
arrived during the discussion of this item.
4. The Committee discussed a proposed schedule of
continued and regular meeting dates for 2010.
Rep. Patten moved that the schedule be
approved, with the understanding that the Committee would look at the continued
meeting date of June 25, 2010 as the date approaches, due to the possible lack
of a quorum on that date.
Rep. Millham seconded.
Adopted.
Rep. Pilotte appointed Rep. Boyce as an
alternate for Sen. Merrill, who was absent.
5. The Committee discussed the following final
proposals and proposed interim rules from the agencies indicated (Consent
Agenda – Final Proposals and Proposed Interim Rules):
FP 2009-106 |
BOARD OF ARCHITECTS Rules Regarding the Renewal Application,
Denial of Renewal and Continuing Education |
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|
FP 2009-126 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Clarification for Eligibility for Conditional License |
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FP 2009-127 |
GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS Add Requirement for Statement of Non-Practice |
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FP 2009-174 |
NATUROPATHIC BOARD OF EXAMINERS Formulary |
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FP 2009-175 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Transportation of Radioactive Material |
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FP 2009-177 |
FISH AND GAME DEPARTMENT Various Fish and Game Marine License Forms |
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FP 2009-180 |
DEPARTMENT OF
AGRICULTURE, MARKETS, AND FOOD Weekly Market Bulletin |
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FP 2009-181 |
DEPARTMENT OF
ENVIRONMENTAL SERVICES Solid Waste Programs Asbestos Disposal Sites |
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FP 2009-184 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Chiropractor Services |
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FP 2009-185 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Elderly and Adult Services Nursing Facility Reimbursement |
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FP 2009-186 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division
of Human Services State Children's Health Insurance Program
Premiums |
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INT 2009-20 |
DEPARTMENT OF EMPLOYMENT SECURITY Wages During Week Claimed |
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INT 2009-24 |
DEPARTMENT OF EMPLOYMENT SECURITY Approved Training |
Rep. Taylor arrived during the discussion
of this item. Rep. Pilotte appointed
Rep. Taylor as an alternate for Senator Fuller Clark, who was absent.
Rep. Schmidt moved that the final proposals
and proposed interim rules be approved.
Rep. Boyce seconded.
Adopted.
6.
The Committee discussed whether to
postpone action on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued Committee meeting on
January 8, 2010.
15. FP 2009-156 |
PEASE DEVELOPMENT AUTHORITY Moorings and Anchorages (JLCAR
Deadline January 18, 2010.) |
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16. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(a) FP 2009-178 |
Former Division of Human Services Emergency Assistance Program (JLCAR Deadline January 18, 2010.) |
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(b) OR 2009-95 |
Commissioner Allocation and Distribution of Incentive Fund Grants (JLCAR Deadline January 29, 2010.) |
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17. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (JLCAR Deadline February 23, 2010.) |
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (JLCAR Deadline February 23, 2010.) |
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18. Response
to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2009-116 |
INSURANCE DEPARTMENT New Hampshire Long-Term Care Partnership Program (JLCAR Deadline March 9, 2010.) |
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OTHER BUSINESS |
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19. Other |
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Rep. Patten seconded.
Adopted.
7. The Committee discussed the response by the
Department of Safety to the Committee’s revised objection to Objection Response
2009-96 (Board of Electricians Practice and Procedural Rules and Bureau of
Electrical Safety and Licensing Rules).
Rep. Schmidt moved that the Committee
accept the response and approve the rules.
Rep. Gottling seconded.
Adopted.
8. The Committee discussed Final Proposal
2009-118 from the Fish and Game Department (Various Fish and Game Rules
Relative to Practice and Procedure).
Sandra Falicon and Timothy Acerno represented the Department.
The Department submitted a conditional
approval request in an amended rule dated December 16, 2009.
Rep. Patten moved that the Committee
accept the conditional approval request and conditionally approve Final
Proposal 2009-118 based on the request.
Rep. Kidder seconded.
Adopted.
9. The Committee discussed Final Proposal
2009-117 from the Board of Dental Examiners (Board Fees, Hygienists Duties,
Renewal and Monitoring and Ethical Duties).
Dr. Raymond Jarvis, Board Chair, testified for the Board.
Sen. Cilley arrived during the discussion
of this item. Rep. Sad was therefore not
a voting member at this time.
Rep. David Borden also testified.
Rep. Patten moved that the Committee
conditionally approve Final Proposal 2009-117 on the condition that the word
“direct” be removed in the phrase “direct contact” in Den 501.01(l), and
recommend that the Board address: (1) the Committee staff annotation to Den
403.04(b)(2) by seeking an amendment to RSA 317-A:15 to replace the reference
to “administrative fine” with “a late fee”, and (2) the Committee staff
annotation to Den 501.01(l) regarding consultants by seeking legislation to
authorize consultations with persons not licensed in. N.H.
Rep. Taylor seconded.
Adopted.
Sen. Downing arrived in the meeting at
this time. Rep. Pilotte appointed Sen.
Downing as an alternate for Sen. Letourneau, who was absent. Rep. Kidder was therefore not a voting member
at this time.
10. The Committee discussed Proposed Interim Rule
INT 2009-19 from the Department of Environmental Services (Division of Water,
Public Notice Requirements for Public Water Systems). Gretchen Hamel testified for the Department.
Rep. Kidder left the meeting during the
discussion of this item.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-19.
Rep. Gottling seconded.
Adopted.
Rep. Millham left the meeting at this time.
11. The Committee discussed Final Proposal 2009-173
from the Insurance Department (Automobile Insurance). Deborah O’Loughlin and David Withers
testified for the Department.
Rep. Kidder returned to the meeting during
the discussion of this item.
Rep. Patten moved that the Committee
approve Final Proposal 2009-173 with the understanding that the editorial comments
by Committee staff to Ins 1405.02(q)(3) and (4), Ins 1406.01(c)(1)c., and d.,
and Form INS 1, paragraph (c) and paragraph (g) in the Final Proposal will not be
addressed in the adopted rule.
Sen. Carson seconded.
Adopted.
Sen. Cilley left the meeting at this time.
Rep. Pilotte appointed Rep. Kidder as an
alternate for Rep. Millham, who was absent.
Rep. Sad was appointed as an alternate for
Sen. Cilley, who was now absent.
**12. The Committee discussed Final Proposal 2009-182
from the Department of Environmental Services (Drinking Water Programs,
Disinfection Residuals, Byproducts, and Byproduct Precursers). Gretchen Hamel testified for the Department.
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-182.
Rep. Patten seconded.
Adopted.
Rep. Patten left the meeting at this
time, and Sen. Cilley returned.
**13. The Committee discussed Final Proposal 2009-183
from the Department of Environmental Services (Drinking Water Programs,
Filtration, Disinfection, and Waste Recycling).
Gretchen Hamel testified for the Department.
Rep. Pilotte appointed Rep. Sad as an
alternate for Rep. Patten, who was absent.
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-83.
Rep. Taylor seconded.
Adopted.
Rep. Patten returned to the meeting at this
time.
It was the consensus of the
Committee that the agenda of the next regular Committee meeting identify as consent
agenda items those final proposals that implement, without change, federal
requirements and for which a potential violation of Part 1, Article 28-a of the
N.H. Constitution is otherwise the only substantive issue in Committee staff
comments.
14. The Committee discussed an emergency rule
filed and effective December 1, 2009 by the Department of Environmental
Services (Division of Water, Monitoring, Reporting, and Compliance; Laboratory
Techniques). Gretchen Hamel testified
for the Department.
The Committee took no further action.
15. After a break, with Reps. Pilotte, Gottling,
Schmidt,
Rep. Pilotte appointed Rep. Sad as an
alternate for Rep. Patten, who was absent at this point.
Reps. Patten and Gottling, and Sens.
Cilley and Carson, subsequently returned to the meeting during the discussion
on this item. Rep. Sad was therefore not
a voting member at this point.
Rep. Patten moved that the Committee
conditionally approve Proposed Interim Rule INT 2009-21 on the condition that
the amendments in Emp 501.11 and Emp 501.12 be deleted.
Rep. Schmidt seconded.
Adopted.
16. The Committee discussed Proposed Interim Rule
INT 2009-22 from the Department of Employment Security (Overpayment Without
Fault; Waiting Week). Lon Siel testified
for the Department.
Lon Siel submitted, on behalf of the
Department, a request for conditional approval with an amended rule Emp
502.08(b).
Rep. Schmidt moved that the Committee
accept the conditional approval request and conditionally approve Proposed
Interim Rule INT 2009-22 based on the request.
Rep. Gottling seconded.
Adopted.
17. The Committee discussed Proposed Interim Rule
INT 2009-23 from the Department of Employment Security (Termination of
Employment). Lon Siel testified for the
Department.
Rep. Patten moved that the Committee
approve Proposed Interim Rule INT 2009-23 with the understanding that the
Department would address in the regular rulemaking process the issue as
outlined by Committee staff in the annotation to Emp 503.09(d)(1).
Rep. Taylor seconded.
Adopted.
18. The Committee discussed Final Proposal
2009-166 from the Department of Health and Human Services (Former Division of
Public Health Services,
Liz Taccetta, representing the N.H.
Hospital Association, also testified.
Rep. Boyce left the meeting during the
discussion of this item, and Rep. Millham returned. Rep. Kidder was therefore not a voting member
at this time.
Rep. Patten moved that the Committee make
a preliminary objection to Final Proposal 2009-166 on the grounds as outlined
in staff comments and public testimony.
Sen. Carson seconded.
Adopted.
Sen. Downing left the meeting at this
time.
Rep. Pilotte appointed Rep. Sad as an
alternate for Sen. Letourneau, who was absent.
19. The Committee discussed Final Proposal
2009-179 from the Department of Agriculture, Markets and Food (Weights and
Measures). Richard Cote, Division
Director for the Department’s Division of Weights and Measures, Dennis Marquis,
and Trudy Mott-Smith of the Department of Administrative Services also testified.
Sen. Letourneau arrived during the discussion of this item. Rep. Sad was therefore not a voting member at this point.
The following persons also testified:
John M. Dumais, representing the N.H. Grocers Association.
Kevin Bayley, representing Energy North Propane.
Thomas J. Rymes, representing Rymes Heating Oils, Inc.
Floyd Hayes, representing the Independent Oil Marketers Association.
Adam Schmidt, representing the Independent Oil Marketers Association.
Sen. Cilley left the meeting during the discussion of this item. Rep. Pilotte appointed Rep. Sad as an alternate for Sen. Cilley. At this time Rep. Kidder was apparently sitting for Sen. Merrill.
Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-179 on the ground that the Final Proposal had a substantial economic impact not recognized in the fiscal impact statement.
Sen. Carson seconded.
Some members also indicated a desire for
more detailed information on fiscal impact than appeared in the FIS.
A roll call vote was called. The vote was as follows:
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Yes |
No |
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Rep. Schmidt |
X |
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Rep. Patten |
X |
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Rep. Gottling |
|
X |
Rep. Millham |
X |
|
Rep. Taylor |
|
X |
Rep. Sad |
|
X |
Rep. Kidder |
X |
|
Rep. Pilotte |
|
X |
|
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Sen. Carson |
X |
|
Sen. Letourneau |
X |
|
Total |
6 |
4 |
The vote was 6 “yes” and 4 “no”. The motion was adopted.
20. Rep. Taylor moved that the Committee recess.
Rep. Sad seconded.
Adopted.
The Committee recessed at 1:50 p.m.