JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MARCH 20, 2009

 

 

Members Present:   Representatives Pilotte, Schmidt, Gottling, Millham, Casey*, Boyce*, Kidder*, and Sad*, and Senator Cilley.  (*)  Indicates alternate member.

 

(**)  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 9:00 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Gottling, Millham, Boyce, Kidder, and Sad.

 

     Rep. Pilotte appointed Reps. Boyce, Sad, and Kidder as alternates, respectively, for Rep. Patten, Rep. Schmidt, and Sen. Letourneau, who were absent.

 

     Rep. Schmidt arrived in the meeting at this time.  Rep. Pilotte therefore appointed Rep. Sad as an alternate for Sen. Fuller Clark, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on March 6, 2009.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Gottling seconded.

 

     Adopted.

 

     Reps. Schmidt and Boyce abstained from voting.

 

3.  The Committee discussed whether to postpone items to another meeting.

 

     No postponement was made at this time.

 

4.  The Committee discussed the following final proposals and expedited repeal from the agencies indicated (Consent Agenda – Final Proposals and Expedited Repeal.)

 

FP 2008-243

BOARD OF CHIROPRACTIC EXAMINERS

Fee Schedule

 

 

FP 2008-244

BOARD OF CHIROPRACTIC EXAMINERS

Obligation to Advertise Truthfully and Clearly; Prohibited Advertising; Advertising the Cost of Services

 

 

FP 2008-255

HEALTH SERVICES PLANNING AND REVIEW BOARD

Acute Care Facilities

 

 

FP 2008-262

BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS

Definition, Shop Application and Sanitation, School and Shop Additional
Requirements, Licensee Additional Requirements, and Renewal

 

 

FP 2009-11

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Emergency Assistance Program

 

 

FP 2009-12

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Expiring Rules Related to Criteria for Requesting an Extension to the 60-Month
Lifetime Limit on Receipt of FANF Financial Assistance

 

 

EXP 2009-1

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Hazardous Waste Procedural Rules Applicability - REPEAL

 

     Sen. Cilley arrived during the discussion at this time.

 

     Rep. Schmidt moved that the final proposals and expedited repeal be approved.

 

     Rep Boyce seconded.

 

     Adopted. 

 

5.  The Committee discussed the withdrawal of the following final proposal in response to the Committee’s preliminary objection of February 20, 2009:

 

FP  2008-250

CURRENT USE BOARD

Conduct of a Forum

 

     No further action was taken by the Committee.

 

6.  The Committee discussed Final Proposal 2008-259 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide (CO2) Budget Trading Program).  Gretchen Hamel and Joanne Morin testified for the Department.

 

     The Department had requested a conditional approval in a letter and amended rules dated March 19, 2009.

 

     Rep. Schmidt moved that the Committee accept the request and conditionally approve the rule based on the request, with the recommendation that the Department seek legislation to amend RSA 125-O to clarify authority to incorporate by reference documents from other state governments as indicated in Committee staff comments to Env-A 4609.20.

 

     Rep. Boyce seconded.

 

     Adopted. 

 

7.  The Committee discussed Final Proposal 2008-260 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide (CO2) Offset Projects).  Gretchen Hamel and Joanne Morin testified for the Department.

 

     Gretchen Hamel requested, on behalf of the Department, a preliminary objection to address Committee staff comments to the Final Proposal.

 

     Rep. Boyce moved that the Committee make a preliminary objection to Final Proposal 2008-260 on the grounds as outlined in the annotations to the Final Proposal by Committee staff.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

8.   The Committee discussed Final Proposal 2008-261 from the Department of Environmental Services (Air Related Programs, Carbon Dioxide (CO2) Allowance Auction Program).  Gretchen Hamel, Joanne Morin, and Joseph Fontaine testified for the Department.

 

      Rep. Casey arrived during the discussion of this item.  Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Merrill, who was absent.

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2008-261 on the grounds that Env-A 4804.01(b) be amended by inserting the words “evidence suggests” after the word “that” , and deleting the second “that”, so that the operative phrase reads “that evidence suggests there has been or a significant potential exists…”

 

      Rep. Gottling seconded.

 

      Adopted.

 

9.   After a break, with Rep. Pilotte, Schmidt, Gottling, Millham, Casey, Boyce, and Kidder present, the Committee discussed Final Proposal 2008-173 from the Board of Education (Career and Technical Education).  Sarah Browning and Susan McKevitt testified for the Board.

 

      Sen. Cilley returned to the meeting as the discussion on this item began.

 

      Sarah Browning requested a conditional approval to insert “Pinkerton Academy Fall 1984” in Table 1404-2 in Ed 1404.11(a) and to amend Ed 1404.03(a)(6) to read:  “A statement whether there is gender imbalance, and a plan for addressing said imbalance”.

 

      Rep. Millham moved that the Committee conditionally approve Final Proposal 2008-173 as requested.

 

      Rep. Casey seconded.

 

      Adopted.

 

      Rep. Casey and Sen. Cilley left the meeting at this time.

 

10.  The Committee discussed Final Proposal 2008-176 from the Department of Transportation (Prequalification of Contractors).  Kathleen Mulcahey-Hampson and William Cass testified for the Department.

 

      Rep. Casey and Sen. Cilley returned to the meeting during the discussion on this item.

 

      The Department requested a conditional approval on the ground that Tra 401.01(a) be amended to replace “consequences” with “sanctions”, and that Tra 401.05(d) be amended to insert “member, manager” after “partner”.

 

      Rep. Gottling moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2008-176 based on the request. 

 

      Rep. Millham seconded.

 

      Adopted. 

 

11.  The Committee discussed Final Proposal 2008-184 from the Public Employee Labor Relations Board (Organizational Rules; Practice and Procedures; Public Employee Labor Relations (Certifications, Unfair Labor Practices, Impasse Resolution)).  Douglas Ingersoll testified for the Board.

 

      The Board submitted a request for conditional approval with an amended rule dated March 20, 2009.

 

      Rep. Casey moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2008-184 based on the request.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2008-248 from the Department of Revenue Administration (Land and Community Heritage Investment Program Recording Surcharge).  John Hayes testified for the Department.

 

      Rep. Sad returned to the meeting during the discussion of this item.

 

      Leo Lessard, Strafford County Registrar, also testified.

 

      Written testimony dated February 20, 2009 from the Merrimack County Registrar of Deeds had already been submitted.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2008-248.

 

      Rep. Gottling seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2009-5 from the Department of Revenue Administration (Electricity Consumption Tax).  John Hayes testified for the Department.

 

      John Hayes, on behalf of the Department, requested a conditional approval to remove Rev 2607.02(h).

 

      Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2009-5 on condition that Rev 2607.02(h) be deleted.

 

      Rep. Casey seconded.

 

      Adopted.

 

      Sen. Cilley left the meeting at this time.

 

14.  The Committee discussed Final Proposal 2008-256 from the Pharmacy Board (Control Prescription Processing).

 

      The Board had requested a conditional approval with an amended rule dated March 18, 2009.

 

      Rep. Casey moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2008-156 based on the request.

 

      Rep. Boyce seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2009-8 from the Department of Health and Human Services (Commissioner, Child Care Assistance Wait List).

 

      Rep Casey moved that the Committee approve Final Proposal 2009-8.

 

      Rep. Boyce seconded.

 

      Adopted.

 

      Rep. Millham had left the meting by this time.

 

16.  The Committee discussed Final Proposal 2009-9 from the Department of Health and Human Services (Commissioner, Data Submission and Release of Health Care Facility Discharge Data).  Michael Holt and Andrew Chalsma testified for the Department.

 

      The Committee also received written testimony from the N.H. Hospital Association dated March 20, 2009.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2009-9.

 

      Rep. Boyce seconded.

 

      Adopted.

 

17.  The Committee discussed the response by the Board of Veterinary Medicine to the Committee’s revised objection to Final Proposal 2008-163 (Administrative Rules Vet 200-700).  Dr. Stephen K. Crawford, State Veterinarian and Board Member, testified for the Board.

 

      Rep. Boyce moved that the Committee accept the response to the revised objection and approve the rules.

 

      Rep. Kidder seconded.

 

      Adopted.

 

18.  The Committee discussed Final Proposal 2008-219 from the Public Utilities Commission (Rules for Telecommunications).  Anne Ross and Kate Bailey testified for the Commission.

 

      The following members of the public testified:

            Christopher Hodgdon, representing Comcast.

            Stacey Parker, representing Comcast.

            Teresa Rosenberger of Devine Millimet, representing N.H. Telephone Association, who provided written testimony from Frederick Coolbroth.

            Pat McHugh of Devine Millimet, representing N.H. Telephone Association.

            Kathleen Mullholand, representing SegTEL, Inc.

 

      Rep. Casey left the meeting during the discussion of this item.

 

      Rep. Schmidt moved that the Committee postpone consideration of this item to the Committee meeting on April 17 and seek input from the policy committees of the House and Senate.

 

      Rep. Boyce seconded.

 

      Adopted.

 

      It was the consensus of the Committee that the continued meeting scheduled for April 3 be cancelled.

 

19.  The Committee discussed rescheduling the Committee’s continued meeting of May 29.

 

      It was the consensus of the Committee that the continued meeting date be changed to June 5.

 

20.  The Committee discussed a proposed amendment to SB 39 to address rule suspensions or alternative rules to implement the federal stimulus.

 

      No further action was taken at this time.

 

22.  Rep. Schmidt move that the Committee adjourn.

 

      Rep. Gottling seconded.

 

      Adopted.

 

      The Committee adjourned at 1:17 p.m., effectively postponing consideration of the following item to the Committee meeting on April 17:

 

16. Response to Preliminary Objection Made in March 6, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

OR 2008-221

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Rules for the Job Training Program

(JLCAR Deadline June 9, 2009.)