Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

FEBRUARY 3, 2006

 

 

Members Present:   Representatives Patten, Allan, Taylor, Wall, Bicknell, Carson*, Pilotte*, Millham*, and Dokmo*, and Senator Flanders, Letourneau, Clark, and Larsen*.

(*) 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

New Hampshire Incentive Program

 

 

FP 2005-184

Workforce Incentive Program

 

FP 2005-185

Leveraged Incentive Grant Program

 

 

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 Lebanon, N.H.

        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 Newport, N.H.

        Kathleen McDermott, representing Chase Home for Children of Portsmouth, N.H.

      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, Taylor, Bicknell, Carson, Pilotte, and Millham, and Senators Flanders and Larsen present, the Committee discussed again Final Proposal 2005-117 from the Department of Health and Human Services (Commissioner, Maximum Reimbursement for Residential Child Care Rate Setting.)

 

     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.