JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

Action Minutes

 

APRIL 20, 2012

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Manuse, and Bowers*. (*)  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 for discussion purposes at 9:29 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, McGuire, Manuse, and Bowers.  There was no quorum present at this time, and Rep. Patten noted that no actions could be taken.

 

2.  The Committee discussed Final Proposal 2011-155 from the Board of Education (Home Education).  Abbey Lawrence, Chairperson of the Home Education Advisory Council, and Mary Mayo of the Department of Education, testified for the Board.

 

     Rep. Michael Balboni also testified briefly.

 

3.  Rep. Schmidt arrived at the meeting, thereby creating a quorum.  Rep. Patten as Chair convened the meeting at 9:45 a.m.  Actions could now be taken.

 

     The Committee discussed Final Proposal 2011-155 again briefly.

 

     No further action was taken at this time.

 

     Rep. Patten designated Rep. Bowers as an alternate for Sen. Groen, who was absent.

 

4.  The Committee discussed the minutes of the Committee meeting on March 30, 2012.

 

     Rep. Pilotte moved that the minutes be approved, with an amendment to Item 10 relative to the Committee’s conditional approval of Final Proposal 2012-8 from the Department of Health and Human Services (Former Division of Public Health Services, Beverages and Bottled Water), where the reference to Rep. McGuire voting “no” should be Rep. Tremblay.

 

     Rep. McGuire seconded.

 

     Adopted.  It was noted for the record that Rep. Bowers voted “no”.

 

5.  The Committee discussed the following Final Proposals and Proposed Interim Rules (Consent Agenda – Final Proposals and Proposed Interim Rules):

 

FP 2011-155

BOARD OF EDUCATION

Home Education

 

 

FP 2011-179

BOARD OF BARBERING, COSMETOLOGY, AND ESTHETICS

Apprenticeship Hours, Violation Points for a School

 

 

INT 2012-4

GOVERNOR'S COMMISSION ON DISABILITY

Alternative Dispute Resolution, Explanation of Adopted Rules, and Telecommunications Equipment Assistance Program

 

 

INT 2012-5

FISH AND GAME DEPARTMENT

Groundfish Restrictions - Atlantic Cod Length and Creel Limits for Recreational Fishing

 

     Rep. Schmidt moved that the Committee approve the Final Proposals and Proposed Interim Rules.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

6.  The Committee discussed the following Final Proposal for which a request from the agency for a conditional approval had been submitted (Consent Agenda – Conditional Approval):

 

FP 2011-156

BOARD OF EDUCATION

Early Childhood Education, Classical Languages, Music and Theatre

 

     Rep. Pilotte moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-156 based on the request.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

7.  The Committee discussed whether to postpone certain items to another meeting.

 

     Rep. McGuire moved that the Committee postpone action on the following items to the continued Committee meeting on May 4, 2012:

 

11. 10:45 a.m. DEPARTMENT OF SAFETY

 

 

(a)  FP 2012-12

Registration of Criminal Offenders

(JLCAR Deadline May 21, 2012.)

 

 

(b)  FP 2012-17

Various Carnival-Amusement Rules

(JLCAR Deadline May 21, 2012.)

 

 

12. 11:30 a.m. STATE BUILDING CODE REVIEW BOARD

 

 

OR 2012-18

Various Practice and Procedure Rules

(JLCAR Deadline July 3, 2012.)

 

 

13. 12:00 p.m. Discussion on:

 

 

(a)  Amending the Rulemaking Notice Form and clarifying the applicability of new requirements in RSA 541-A:10, I on agency notice to policy committees; and

 

 

(b)  Amending RSA 541-A:14-a and/or RSA 541-A:6, I on extension of rules to include public notification.

 

 

OTHER BUSINESS

14. 12:30 p.m. Other

 

     Rep. Manuse seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2012-22 from the Fish and Game Department (OHRV and Snowmobile Event Permits; Wheeled Vehicle Reciprocity with VT).  Sandra Falicon testified for the Department.

 

     Rep. McGuire moved that the Committee make a preliminary objection to Final Proposal 2012-22 on the ground that Fis 1506.01(g) was contrary to the public interest by being unclear as worded.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2012-5 from the Board of Medicine (Board Organization, Investigations, Examination Requirements, Renewal Application, Change of Address).  Kathryn Bradley testified for the Board.

 

     Rep. Pilotte moved that the Committee approve Final Proposal 2012-5.

 

     Rep. McGuire seconded.

 

     Adopted.

 

10.  The Committee discussed briefly Final Proposal 2012-12 from the Department of Safety (Registration of Criminal Offenders), which had been postponed earlier in the meeting.

 

      No further action was taken.

 

11.  The Committee discussed Final Proposal 2011-177 from the Insurance Department (Disability Insurance).  Jennifer Patterson and Michael Wilkey testified for the Department.

 

      Rep. Schmidt moved that the Committee approve Final Proposal 2011-177.

 

      Rep. McGuire seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2012-23 form the Department of Health and Human Services (Commissioner, Employment Related Child Care Scholarship).  Michael Holt, Kristin Booth, and Dr. Ellen Wheatley testified for the Department.

 

      The Department had requested a conditional approval in an amended rule dated April 19, 2012 and also requested an amended conditional approval in a letter dated April 19, 2012 with a further amended rule dated April 19, 2012.

 

      Rep. Schmidt moved that the Committee accept the amended conditional approval request and conditionally approve Final Proposal 2012-23 based on the request.

 

      Rep. McGuire seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2012-24 from the Department of Health and Human Services (Commissioner, Employment Related Child Care Scholarship (Misc. Sections and paragraphs)).  Michael Holt, Kristin Booth, and Dr. Ellen Wheatley testified for the Department.

 

      The Department had submitted a conditional approval request in an amended rule dated April 19, 2012 and an amended conditional approval request in a letter dated April 19, 2012 with a further amended rule dated April 19, 2012.

 

      Rep. Schmidt moved that the Committee accept the amended conditional approval request and conditionally approve Final Proposal 2012-24 based on the request.

 

      Rep. Pilotte seconded.

 

      Adopted.

 

14.  Rep. Pilotte moved that the Committee reconsider its vote to postpone Final Proposal 2012-12 from the Department of Safety (Registration of Criminal Offenders).

 

      Rep. Manuse seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2012-12 from the Department of Safety (Registration of Criminal Offenders).  Marta Modigliani and Sgt. Cheryl Nadeau of the State Police testified for the Department.

 

      Rep. Pilotte moved that the Committee conditionally approve Final Proposal 2012-12 on condition that the following paragraph be inserted in Saf-C 5503.02:

 

      “(d) If necessary, the registering agency shall also complete and sign form DSSP 311A (Rev 01/11) and have the sexual offender/offender against children sign and date the form.”

 

      Rep. McGuire seconded.

 

      Adopted.

 

      It was the consensus of the Committee that the section heading for Saf-C 5503.02 could be amended as an editorial change by inserting “and DSSP 311A” after “DSSP 311.”

 

16.  The Committee recessed by consensus at 11:50 a.m.