Joint Legislative Committee on Administrative Rules
Action Minutes
FEBRUARY 4, 2005
Members Present: Representatives Patten, Allan, Taylor, Dodge*,
(**) Indicates where Part 1, Article 28-a of the
N.H. Constitution was not an issue in the Committee’s discussions or decisions
in this meeting.
1. The meeting was convened at 9:10 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Taylor, Allan, Dodge, Pilotte, and Millham and Sen. Roberge.
Sen. Roberge had been appointed by the Senate President to replace Sen. Flanders.
Rep. Patten appointed Reps. Pilotte, Dodge, and Millham as alternates, respectively, for Reps. Wall and Bicknell and Sen. Letourneau, who were absent.
Sen. Clark arrived at the meeting at this time.
2. The Committee discussed the minutes of the regular
Committee meeting on January 21, 2005.
Rep. Taylor moved that the minutes be approved.
Rep. Allan seconded.
Adopted.
3. The Committee discussed Proposed Interim Rule 2005-1 from the Department of Environmental Services (Division of Water, Dam Rules).
At its meeting on January 21, 2005, the Committee had voted to approve Proposed Interim Rule INT 2005-1. However, the second for the motion to approve the rule was made by Rep. Blanchard, who, as an alternate, had not been designated at that time by the Acting Chair pursuant to RSA 541-A:2, I to serve for an absent, regular member.
Due to the potential irregularity in the voting procedure, Rep. Taylor moved that the Committee reconsider its vote on January 21, 2005.
Sen. Clark seconded.
Adopted.
Rep. Taylor then moved that the Committee approve Proposed Interim Rule INT 2005-1.
Sen. Clark seconded.
Adopted.
4. The Committee discussed Final Proposal 2004-174 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Day Services). Ken Nielsen testified for the agency.
The following persons also testified:
Richard Cohen, representing the Disabilities Rights Center of Concord, N.H.
Richard Crocker, of the Lakes Region Community Services Council, representing Community Support Network, Inc.
Sen. Martel and Rep. Carson arrived during the discussion of this item.
Rep. Allan moved that the Committee make a preliminary objection to Final Proposal 2004-174 on the grounds as outlined in the annotations to the final proposal by Administrative Rules Director Eaton and in the public testimony.
Rep. Dodge seconded.
Adopted.
5. The Committee discussed the response by the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2004-128 (Former Division of Human Services, Medicaid for Employed Adults with Disabilities). Lisabritt Solsky testified for the agency.
The following persons also testified:
Rep. Suzanne Butcher.
Michelle Dickson, representing the National Multiple Sclerosis Society.
Clyde Terry, representing Granite State Independent Living.
Jeffrey Dickinson, representing himself.
Carol Stamatakis, representing the N.H. Developmental Disabilities Council.
Richard Cohen, representing the
Michelle Winchester,
representing the Institute for Health, Law and Ethics of the
Written testimony from Manfredo L. Torelli, representing Monadnock Developmental Services, was also provided.
Sen. Roberge left the meeting after the public testimony.
Rep. Patten appointed Rep. Carson as an alternate for Sen. Roberge, who was now absent.
Sen. Clark moved (1) that the Committee make a final objection to Final Proposal 2004-128 on the grounds, based on the testimony of Michelle Winchester, that He-W 641.03(e) was contrary to legislative intent by violating the statutory purpose clause in 2001, 67:1, III and IV, and (2) that the final objection was not in lieu of voting to sponsor a joint resolution.
Rep. Taylor seconded.
A roll call vote was called. The vote was as follows:
Yes No
Rep.
Allan X
Rep.
Patten X
Rep.
Taylor X
Rep. Dodge X
Rep. Carson X
Rep. Millham X
Rep.
Pilotte X
Sen.
Clark X
Sen.
Martel X__ ___
7 2
The
vote was 7 yes and 2 no. The motion was
adopted.
6. After a break, with Reps. Patten, Taylor, Allan, Dodge, Carson, Pilotte, and Millham and Sen. Clark present, the Committee discussed the response by the Department of Health and Human Services to the Committee's preliminary objection to Final Proposal 2004-148 (Former Division of Mental Health and Developmental Services, Case Management and Low Utilizers). Ry Perry testified for the agency. Erik Riera also represented the agency.
Rosemary Wiant, representing the
The N.H. Community Behavioral Health Association submitted written testimony only.
Rep. Taylor moved that the Committee accept the response and approve the rules.
Rep. Allan seconded.
Adopted.
Rep. Patten noted for the record that Sen. Clark was opposed.
7. Rep. Taylor moved that the Committee adjourn.
Rep. Allan seconded..
Adopted.
The Committee adjourned at 1:52 p.m., effectively postponing the following items to the regular Committee meeting on February 18, 2005:
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4. Orientation for JLCAR members. |
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5. Discussion
on proposed rulemaking petition for the Department of Safety relative to
amending Saf-C 5203.04 on maximum rates for hazardous materials incident
response. (Formerly Item 14 on 12-30-04 agenda and Item 16 on 1-21-05 agenda.) |
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6. Discussion on responses to petitions. |
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(a) Petition to the Department of Environmental Services relative to Env-Ws 905 concerning standards for management of mercury-containing amalgam. (Petition made October 28, 2004. See response dated December 10, 2004). (Formerly Item 24(a) on 12-16-04 agenda, Item 15 on 12-30-04 agenda, and Item 17(a) on 1-21-05 agenda.) |
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(b) Petition to the Board of Education to undertake a new rulemaking proceeding relative to standards for educational personnel and approval of professional preparation programs in order to conform with federal law regarding the use of Social Security Numbers. (Petition made November 19, 2004. See response dated December 16, 2004). (Formerly Item 15(b) on 12-30-04 agenda
and Item 17(b) on 1-21-05 agenda.) |
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OTHER BUSINESS |
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7. Other |
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