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

 

 

FP 2009-126

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Clarification for Eligibility for Conditional License

 

 

FP 2009-127

GOVERNING BOARD OF SPEECH LANGUAGE PATHOLOGISTS

Add Requirement for Statement of Non-Practice

 

 

FP 2009-174

NATUROPATHIC BOARD OF EXAMINERS

Formulary

 

 

FP 2009-175

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

Transportation of Radioactive Material

 

 

FP 2009-177

FISH AND GAME DEPARTMENT

Various Fish and Game Marine License Forms

 

 

FP 2009-180

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Weekly Market Bulletin

 

 

FP 2009-181

DEPARTMENT OF ENVIRONMENTAL SERVICES

Solid Waste Programs

Asbestos Disposal Sites

 

 

FP 2009-184

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Chiropractor Services

 

 

FP 2009-185

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Elderly and Adult Services

Nursing Facility Reimbursement

 

 

FP 2009-186

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

State Children's Health Insurance Program Premiums

 

 

INT 2009-20

DEPARTMENT OF EMPLOYMENT SECURITY

Wages During Week Claimed

 

 

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.)

 

 

16. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

(a)  FP 2009-178

Former Division of Human Services

Emergency Assistance Program

(JLCAR Deadline January 18, 2010.)

 

 

(b)  OR 2009-95

Commissioner

Allocation and Distribution of Incentive Fund Grants

(JLCAR Deadline January 29, 2010.)

 

 

17. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(JLCAR Deadline February 23, 2010.)

 

 

(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.)

 

 

18.   Response to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2009-116

INSURANCE DEPARTMENT

New Hampshire Long-Term Care Partnership Program

(JLCAR Deadline March 9, 2010.)

 

 

OTHER BUSINESS

 

19. Other

 

 

     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, Taylor, Boyce, Kidder, and Sad, and Sen. Downing present, the Committee discussed Proposed Interim Rule INT 2009-21 from the Department of Employment Security (Employment Services; Work Search).  Lon Siel testified for the Department.

 

      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, Walk-In Care Centers).  John Martin and Rodney Bascom testified for the Department.

 

      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:

 

 

   Yes

    No

 

 

 

Rep. Schmidt

X

 

Rep. Patten

X

 

Rep. Gottling

 

X

Rep. Millham

X

 

Rep. Taylor

 

X

Rep. Sad

 

X

Rep. Kidder

X

 

Rep. Pilotte

 

X

 

 

 

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.