Joint Legislative Committee on Administrative Rules
Action Minutes
FEBRUARY 3, 2006
Members Present: Representatives
Patten, Allan,
(*)
Indicates alternate member.
(**)
Part 1, Article 28-a was not an issue in
the Committee’s discussions or decisions in this meeting.
1. The meeting recessed from January 20 was
convened at 9:04 a.m. by Rep. Patten as Vice-Chair.
Members present at this
time, aside from Rep. Patten, were Reps. Allan, Bicknell, Carson, and Pilotte,
and Sen. Flanders.
2. The Committee discussed the minutes of the
regular Committee meeting on January 20, 2006.
Rep. Bicknell moved that the minutes be
approved.
Sen. Flanders seconded.
Rep. Patten appointed Rep.
Carson and Rep. Pilotte as alternates, respectively, for Sen. Clegg and
Rep. Wall, who were absent.
The motion was adopted.
3. The Committee discussed whether to postpone
action on any items.
No action to postpone was taken at this
time.
4. The
Committee discussed the following final proposals from the Executive Director
of the Postsecondary Education Commission:
FP 2005-183 |
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FP 2005-184 |
Workforce Incentive Program |
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FP 2005-185 |
Leveraged Incentive Grant Program |
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FP 2005-186 |
Scholarship for Orphans of
Veterans |
The
deadline for Committee action on these final proposals pursuant to RSA
541-A:13, II(e) was February 6, 2006.
The Executive Director of the Commission had requested in a letter dated
January 26, 2006 to the Director of the Office of Legislative Services that the
Committee consider extending the deadline through a waiver from the Director
pursuant to RSA 541-A:40, IV.
Rep. Carson moved that the Committee request a waiver from the Director of the Committee deadline for these proposals to extend to February 17.
Rep. Bicknell seconded.
Adopted.
Rep. Wall and Sen. Letourneau arrived at this time.
Since Rep. Wall was now present, Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was absent.
5. The Committee discussed the response of the
Department of Environmental Services to the Committee’s preliminary objection
to Final Proposal 2005-162 (Water Quality and Quantity Programs, Selection of
Consulting Engineering Firms). Gretchen
Hamel testified for the agency.
Rep.
Pilotte moved that the Committee accept the response and approve the rules.
Rep. Carson seconded.
Adopted.
6. The
Committee discussed Final Proposal 2005-194 from the Pesticide Control Board
(Examination Grades and Retakes, Conditions for Granting Special Permits and
Restricted Use Materials).
The
Commissioner of the Department of Agriculture had requested, on behalf of the
Board, a conditional approval in a letter dated January 18, 2006 and attached
rule dated January 13, 2006.
Rep.
Bicknell moved that the Committee conditionally approve Final Proposal 2005-194
as requested.
Rep.
Carson seconded.
Adopted.
7. The
Committee discussed Final Proposal 2005-176 from the Insurance Department
(Automobile Insurance). Deborah
O’Loughlin and Denise Lamy testified for the agency.
Rep.
Taylor, Rep. Millham, and Sen. Clark arrived in the meeting during the
discussion of this item.
Rep.
Taylor moved that the Committee approve Final Proposal 2005-176 with the recommendation
that the agency address the editorial annotations by Administrative Rules
Director Eaton in a future rulemaking proceeding.
Rep.
Carson seconded.
Adopted.
Rep.
Millham was not voting yet as she had not been appointed for an absent regular
member.
8. The
Committee discussed Final Proposal 2005-203 from the Department of Revenue
Administration (Conservation Restriction Assessments).
The Department had requested a conditional
approval in a letter dated January 30, 2006 and attached rule dated January 20,
2006 from Gail Bartlett.
Rep.
Carson moved that the Committee conditionally approve Final Proposal 2005-203 as
requested.
Rep.
Bicknell seconded.
Adopted.
9. The Committee discussed Final Proposal
2005-210 from the Department of Health and Human Services (Former Division of
Public Health Services, WIC Nutrition Program).
The agency had requested postponement of the
item.
Sen.
Flanders moved that the Committee postpone action on this item to the next
Committee meeting on February 17, 2006.
Rep.
Carson seconded.
Adopted.
10.The Committee discussed Final Proposal
2005-205 from the Department of Health and Human Services (Commissioner, New Hampshire
Residential Child Care Licensing Rules).
Mary Castelli and Wendy Kessler testified for the agency.
Rep. Dokmo and Sen. Larsen arrived during the
discussion of this item.
The
Department submitted a request for conditional approval in a letter and
attached rule dated February 6, 2006.
The
following persons testified from the public:
Karen
Gincott, representing NFI North, Inc. and N.H. Partners in Service.
Michael
Adamkowsky, representing Eckers Youth Alternatives.
Brian
Cross, representing Easter Seals N.H., Inc.
Written testimony was also submitted earlier
by the following persons:
Lewis
Catano, representing Webster House.
David
Villiotti, representing Nashua Children’s Home.
Sen. Clark moved that the Committee
conditionally approve Final Proposal 2005-205 as requested by the agency in its
submission dated February 2, 2006, with the following changes: (1) Amend He-C 4001.09(a)(2) by changing the
phrase “poses a risk” to read “may pose a risk”; (2) As requested by Mary
Castelli, amend He-C 4001.10(O)(3) in the conditional approval request to read
“If the information identified in (2) a.-f. above regarding any of the persons
specified in (1) above is learned after the individual is initially approved
for contact with the residents, the director or designee shall submit the
information to the department immediately upon discovery”; and (3) Amend He-C
4001.23 (e) to change the word “parents” to read “parent(s)”.
Rep. Wall seconded.
Rep. Patten appointed Sen. Larsen, in place
of Rep. Pilotte, as an alternate for Sen. Estabrook, who was absent.
The motion was adopted.
At this time, Rep. Pilotte, Rep. Millham, and
Rep. Dokmo were not voting, as they had not been appointed as alternates for
absent regular members.
11. The
Committee discussed Final Proposal 2005-117 from the Department of Health and
Human Services (Commissioner, Maximum Reimbursement for Child Care Rate
Setting). Byry Kennedy testified for the
agency.
The
following persons testified orally and included written submissions:
Karen
Lamoureux, representing N.H. Partners in Service.
Karen
Gincott, representing NFI North, Inc.
Eric
Johannessen, representing Odyssey House of Dover, N.H.
Randy
Walker, representing Hannah House, Inc. of
Cynthia
Herman, representing Child and Family Services.
John Tear, representing Spaulding Youth
Center of Tilton, N.H., submitted written testimony but did not speak.
The following persons registered their
opposition to Final Proposal 2005-117 on testimony cards but did not speak:
John
B. Vital, representing Pine Haven Boys Center of Allenstown, N.H.
Charles
J. Mitchell representing Pine Haven Boys Center of Allenstown, N.H.
Joyce
Pollinger, representing Pine Haven Boys Center of Allenstown, N.H.
John
L. Meehan, representing Pine Haven Boys Center of Allenstown, N.H.
Susan
Lavallee, representing Our House for Girls of Dover, N.H.
Eric
Graumont, representing Orion House, Inc. of
Kathleen
McDermott, representing
Don
Bazzell, representing Becket Family Services of Campton, N.H. and N.H. Partners
in Service.
Rep. Allan and Sen. Letourneau left during
the discussion of this item. Rep. Patten
appointed Rep. Millham as an alternate for Rep. Allan, and Rep. Dokmo as an
alternate for Sen. Letourneau.
No action was taken at this time. Rep. Patten noted for the record that the
waiver of the Committee’s deadline to act under RSA 541-A:13, II(e) on the
Final Proposal, as granted by the Director of the Office of Legislative
Services pursuant to RSA 541-A:40, IV, had no end date.
12. Lunch
break at 1:10 p.m.
13. Reconvening
at 1:50 p.m. with Reps. Patten, Wall,
Byry
Kennedy testified further for the agency.
Sen.
Flanders moved that the Committee postpone action on Final Proposal 2005-117 to
the next Committee meeting on February 17, 2006 and that it be the first on the
agenda.
Rep.
Bicknell seconded.
Rep.
Taylor left the meeting at this time.
The
motion was adopted. Rep. Patten noted
for the record that there were 3 votes in opposition to the motion.
Rep.
Pilotte noted that he had not voted as he had not been appointed as an
alternate for an absent regular member.
Rep. Patten then appointed Rep. Pilotte as an alternate for Rep. Taylor,
who was now absent.
Sen.
Larsen left the meeting at this time.
14.The Committee discussed Final Proposal
2005-206 of the Department of Health and Human Human Services (Former Division
of Human Services, Radiological Services).
Jonathan Gallo and Jane Hybsch testified for the agency.
Sen. Clark and Rep. Dokmo returned to the
meeting during the discussion of this item.
Sen. Flanders moved that the Committee
approve Final Proposal 2006-206.
Rep.
Carson seconded.
Adopted.
15.The Committee discussed Final Proposal
2005-207 from the Department of Health and Human Services (Former Division of Human
Services, Wheelchair Van Services). Jonathan
Gallo and Sheri Bozoian testified for the agency.
Sen. Flanders moved that the Committee
approve Final Proposal 2005-207.
Rep. Wall seconded.
Adopted.
16.The Committee discussed Final Proposal
2005-208 from the Department of Health and Human Services (Former Division of
Human Services, Laboratory Services).
Jonathan Gallo and Jane Hybsch testified for the agency.
Sen. Clark moved that the Committee approve
Final Proposal 2005-205.
Rep. Wall seconded.
Adopted.
17.The Committee discussed the response of the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2005-152 (Former Division of Public Health
Services, Electrologists). Michele
Beasley testified for the agency.
Rep. Wall moved that the Committee postpone
action on this item to the Committee meeting on February 17, after Final
Proposal 2005-117.
Sen. Clark seconded.
Adopted.
18.The Committee discussed the response of the
Board of Dental Examiners to the Committee’s preliminary objection to Final
Proposal 2005-115 (Housekeeping, Licensure Processes, Fee Changes, Expanded
Duties, Dental Assistant Duty Clarification, Changes to Ethical Duties). Dr. Raymond Jarvis testified for the agency.
Rep. Pilotte left during the discussion of this
item.
Rep. Bicknell moved that the Committee accept
the response and approve the rules.
Sen. Clark seconded.
Adopted.
19.The Committee discussed the response of the
Board of Education to the Committee’s preliminary objection to Final Proposal
2005-104 (Administration in Public Schools).
Rep. Carson moved that the Committee postpone
action on this item to the next Committee meeting.
Rep. Wall seconded.
Adopted.
20.The
Committee adjourned at 2:45 p.m.