Joint Legislative Committee on Administrative Rules
Action Minutes
MARCH 18, 2005
Members Present: Representatives Patten, Allan,
(**) 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 9:05 a.m. by Rep. Patten as Vice-Chair.
Members present at this time, aside from Rep. Patten, were Reps. Taylor, Allan, Dodge, Carson, and Pilotte, and Sens. Flanders and Clark.
Rep. Millham arrived shortly
after the Committee convened.
Rep. Patten appointed Reps.
Pilotte, Carson, Dodge, and Millham as alternates, respectively, for Rep. Wall,
Sen. Martel, Rep. Bicknell, and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the continued
meeting on February 18, 2005.
Rep. Taylor moved that the minutes be approved.
Rep. Carson seconded.
Adopted.
3. The Committee discussed the following final proposals and proposed interim rules from the agencies indicated (Consent Agenda - Final Proposals and Proposed Interim Rules):
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FP 2004-137 |
DEPARTMENT OF ADMINISTRATIVE SERVICES Adm 600 - Plant
and Property Management Rules |
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FP 2004-179 |
DEPARTMENT OF AGRICULTURE, MARKETS AND FOOD Practice and Procedure Rules |
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FP 2004-185 |
PARI-MUTUEL COMMISSION Greyhound Disposition and Injury Records |
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FP 2004-195 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources Prevention, Abatement, and Control of |
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FP 2004-196 |
DEPARTMENT OF REVENUE ADMINISTRATION Financial Source
Coding for Local Education Agencies Rules |
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FP 2004-208 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Division of Air Resources NOx Emissions Reduction Fund Procedures |
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INT 2005-3 |
DEPARTMENT OF SAFETY Interim Self-Dialing Telephone Alarm System |
Rep. Wall arrived during the
discussion of this item.
Sen. Clark moved that the Committee approve the final proposals and proposed interim rules.
Rep. Taylor seconded.
Adopted.
Since Rep. Wall arrived, Rep. Pilotte was not voting.
4. The Committee discussed the response of the Board of Education to the Committee's preliminary objection to Final Proposal 2004-176 (Daily Physical Activity).
Rep. Taylor moved that the Committee accept the response and approve the rules.
Sen. Clark seconded.
Adopted.
5. The Committee discussed whether to postpone action on certain items to another Committee meeting.
Rep. Allan moved that the Committee postpone action on the following items to the continued Committee meeting on April 1, 2005.
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12. BOARD OF EDUCATION |
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(a) FP 2004-157 |
Rules of Practice and Procedure (JLCAR Deadline April 11, 2005.) |
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(b) FP 2004-184 |
Certification Standards for Educational Personnel; Approval of
Professional Preparation Programs (JLCAR Deadline April 11, 2005.) |
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13. DEPARTMENT
OF ENVIRONMENTAL SERVICES |
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(a) FP 2004-210 |
Division of Water Rivers Management and Protection Program (JLCAR Deadline April 18, 2005.) |
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(b) FP 2004-211 |
Division of Water Shoreland Protection Rules (JLCAR Deadline April 18, 2005.) |
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(c) FP 2005-1 |
Division of Water Certification of Wastewater Treatment Plant Operators (JLCAR Deadline April 18, 2005.) |
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(d) FP 2005-4 |
Division of Water Wetlands Organization and Definitions (JLCAR Deadline April 18, 2005.) |
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(e) FP 2005-5 |
Division of Water Wetlands Rules (JLCAR Deadline April 18, 2005.) |
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(f) OR 2004-181 |
Division of Water Standards for the Pretreatment of Industrial Wastewater (JLCAR Deadline April 26, 2005.) |
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14. Orientation
for JLCAR members. (Formerly Item 13 on 2-18-05 agenda.) |
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15. 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 2-18-05 agenda.) |
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16. 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 15(a) on 2-18-05 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 2-18-05 agenda.) |
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17. Remaining
Responses to Preliminary Objections Made in January 21, 2005 Meeting But Not
Yet Reviewed by Committee Staff. (JLCAR Deadline April 26, 2005) |
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(a) OR 2004-118 |
NATUROPATHIC BOARD OF EXAMINERS Licensing and Certification Requirements (These rules were conditionally
approved on January 21, 2005, but amended text in the response was different
than conditionally approved. Pursuant
to RSA 541-A:13, V(a), the conditional approval converted to a preliminary
objection effective as of January 21, 2005.) |
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18. Remaining
Responses to Preliminary Objections Made in February 4, 2005 Meeting But Not
Yet Received by Committee Staff. (JLCAR Deadline May 10, 2005) |
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(a) OR 2004-174 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of of Mental Health and Development Services Day Services |
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OTHER BUSINESS |
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19. Other |
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Rep. Wall seconded.
Adopted.
6. The Committee discussed Final Proposal 2004-205
from the Current Use Board (
This item had been tabled on February 18, 2005. It had to be taken off the table if it were to be considered.
Rep. Taylor moved that Final Proposal 2004-205 be taken off the table.
Sen. Clark seconded.
Adopted.
Since the agency representative, Chairman Philip Bryce, was not yet present, the Committee moved on to the next item.
Rep. Allan left the meeting at this time.
7. The Committee discussed Final Proposal 2004-164 from the State Building Code Review Board (Appeals Process Rules).
Since agency representatives were not yet present, the Committee moved on to the next item.
8. The Committee discussed scheduling of an orientation session for members.
It was the consensus of the Committee that an orientation session be scheduled for April 12, 2005 at 2:30 p.m.
9. The Committee resumed discussion on Final
Proposal 2004-205 from the Current Use Board (
Rep. Allan returned to the meeting during the discussion of this item, and Sen. Letourneau arrived.
Since Sen. Letourneau had arrived, and Rep. Carson indicated she would be absent periodically, Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Martel, who was still absent. Rep. Patten also indicated that Rep. Millham would be the alternate for Sen. Letourneau when he left.
Rep. Taylor moved that the Committee approve Final Proposal 2004-205.
Rep. Wall seconded.
Adopted.
Rep. Patten noted for the record that Rep. Dodge voted no.
10. The Committee resumed discussion on Final Proposal 2004-164 from the State Building Code Review Board (Appeals Process Rules). Sen. Robert E. Clegg as Board Chairman, and Marta Modigliani of the Department of Safety, testified for the Board.
Rep. Taylor left the meeting during the discussion of this item.
Sen. Letourneau moved that the Committee approve Final Proposal 2004-164.
Sen. Clark seconded.
Adopted.
11. The Committee discussed Proposed Interim Rule 2005-4 from the Department of Safety (Interim Licensing of Private Detectives and Security Guards). Marta Modigliani testified for the agency.
Rep. Carson and Sens. Flanders and Letourneau left the meeting during the discussion of this item, and Rep. Taylor returned.
Sen. Clark moved that the Committee approve Proposed Interim Rule INT 2005-4.
Rep. Taylor seconded.
Adopted.
Rep. Patten noted for the record that Rep. Dodge voted no.
12. The Committee discussed Final Proposal 2004-212 from the Insurance Department (Ins 1905 Minimum Standards for Medicare Supplement Policies). James Zemp and Maureen Hartsmith testified for the agency.
The Committee had received written testimony from Dotti Outland representing United Health Group.
Jack Zemp submitted written technical amendments to the Committee.
Sen. Bragdon arrived at the meeting during the discussion of this item, and Rep. Carson returned.
Rep. Taylor moved that Committee make a preliminary objection to Final Proposal 2004-212 on the grounds as outlined in the annotations to the final proposal by Committee Attorney Morrell, the written technical amendments submitted by the agency, and the written testimony of United Health Group.
Sen. Clark seconded.
Rep. Patten appointed Sen. Bragdon and Rep. Carson as alternates, respectively, for Sen. Flanders and Sen. Estabrook, who were absent.
The motion was adopted.
13. The Committee discussed Final Proposal 2005-2 from the Public Utilities Commission (Rules for Water Utilities). Suzanne Amidon testified for the agency.
On behalf of the agency, Suzanne Amidon had submitted a request for a conditional approval in an amended rule text dated March 17, 2005, and also submitted Incorporation by Reference Statements.
Sen. Clark moved that the Committee conditionally approve Final Proposal 2005-2 as requested by the agency.
Rep. Wall seconded.
Adopted.
14. The Committee discussed Final Proposal 2005-3 from the Public Utilities Commission (Rules for Sewer Utilities). Suzanne Amidon testified for the agency.
On behalf of the agency, Suzanne Amidon had submitted a request for a conditional approval in an amended rule text dated March 17, 2005.
Sen. Bragdon moved that the Committee conditionally approve Final Proposal 2005-3 as requested by the agency.
Rep. Carson seconded.
Adopted.
15. Rep. Allan moved that the Committee recess to April 1, 2005.
Rep. Dodge seconded.
Adopted.
The Committee recessed at 11:10 a.m.