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 |
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FP 2008-244 |
BOARD OF
CHIROPRACTIC EXAMINERS Obligation to Advertise Truthfully and
Clearly; Prohibited Advertising; Advertising the Cost of Services |
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FP 2008-255 |
HEALTH
SERVICES PLANNING AND REVIEW BOARD Acute Care Facilities |
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FP 2008-262 |
BOARD OF BARBERING, COSMETOLOGY AND
ESTHETICS Definition,
Shop Application and Sanitation, School and Shop Additional |
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FP 2009-11 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Emergency Assistance Program |
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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 |
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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: |
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OR 2008-221 |
DEPARTMENT OF RESOURCES AND ECONOMIC
DEVELOPMENT Rules for the Job Training Program (JLCAR
Deadline June 9, 2009.) |