Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

APRIL 21, 2006

 

 

Members Present:   Representatives Patten, Taylor, Allan, Millham*, Dokmo*, and Pilotte*, and Senators Clegg, Clark, and Estabrook.  (*) Indicates alternate member.

 

(**)  Indicates were Part 1, Article 28-a was an issue in the Committee’s discussions or decisions in this meeting.  (See Items 9 and 13.  Item 9 was approved, and Item 13 received a preliminary objection.)

 

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. Allan, Dokmo, Taylor, Pilotte, and Millham.

 

     Rep. Patten appointed Reps. Millham, Pilotte, and Dokmo as alternates, respectively, for Rep. Bicknell, Rep. Wall, and Sen. Flanders, who were absent.

 

2.  The Committee discussed the minutes of the continued meeting on April 7, 2006.

 

     Rep. Pilotte moved that the minutes be approved with the amendment in Item 4 on page 2 that the name of Senator Estabrook be replaced by Sen. Clark.

 

     Rep. Taylor seconded.

 

     Adopted.

 

3.  The Committee discussed the following final proposals (Consent Agenda – Final Proposals):

 

FP 2005-204

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Regulated Toxic Air Pollutants Amendments

 

 

FP 2005-217

INSURANCE DEPARTMENT

Minimum Standards for Medicare Supplement Policies

 

 

FP 2005-221

BOARD OF EDUCATION

School Building Construction

 

 

FP 2005-236

BOARD OF NATURAL SCIENTISTS

Application and Certification Requirements, Expiration and Renewal Notices and Ethical Standards

 

 

FP 2006-9

DEPARTMENT OF SAFETY

Vessel Registration Rules

 

 

FP 2006-11

DEPARTMENT OF EMPLOYMENT SECURITY

Rules Concerning Appeals of Employer Liability Determinations, Appeal Tribunal Hearings, Approval of Fees, Petitions for Adoption, Amendment or Repeal of Rules; and Declaratory Rulings

 

 

FP 2006-12

DEPARTMENT OF EMPLOYMENT SECURITY

Filing Requirements, Deduction and Withholding from Benefits, Voluntary Quit Without Good Cause, Leaving of Self-Employment or Closing Business, End of School Year

 

 

FP 2006-13

DEPARTMENT OF EMPLOYMENT SECURITY

Employer Requirements, Administration and Claimant Requirements

 

 

FP 2006-21

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Pharmaceutical Services - Non-Covered Items

 

 

FP 2006-26

DEPARTMENT OF SAFETY

2005 Watercraft Petition Rules and Repeal of Swim Raft Rule

 

     Sen. Clegg arrived during the discussion of this item.

 

     Rep. Dokmo moved that the Committee approve the final proposals.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

4.  The Committee discussed whether to postpone action on certain items to another meeting.

 

     No action to postpone was taken at this time.

 

5.  The Committee discussed the request by the Public Utilities Commission to the Office of Legislative Services to make changes to adopted rules Puc 400 (Document #8348, effective 5-10-05) as part of the rule certification process pursuant to RSA 541-A:15, I.  Thomas Getz, the Commission Chairman, and Suzanne Amidon testified for the agency.

 

     Sen. Clegg moved that it was permissible in the Committee’s view to insert the missing text in question to Puc 452.03 (f)(1)-(3) as an editorial change.

 

     Rep. Allan seconded.

 

     Adopted.

 

6.  The Committee discussed the response by the Board of Barbering, Cosmetology, and Esthetics to the Committee’s preliminary objection to Final Proposal 2005-140 (Application Procedures, Licensing Requirements, and Renewal Form).  Lynda Elliot testified for the Board.  George Copadis, Commissioner of the Department of Labor, also testified.

 

     Rep. Dokmo moved that the Committee, in lieu of voting to sponsor a joint resolution, make a final objection to Final Proposal 2005-140 on the grounds that the Board has no authority to establish apprenticeship programs in the rules because of the authority of the Department of Labor, through its Apprenticeship Council, over apprentices.

 

     Sen. Clegg seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

YES

NO

Rep. Patten

X

 

Rep. Taylor

X

 

Rep. Allan

X

 

Rep. Millham

X

 

Rep. Pilotte

X

 

Rep. Dokmo

X

 

 

 

 

Sen. Clegg

X

 

 

 

 

Total

7

0

 

     There were 7 yes and 0 no votes.  The motion was adopted.

 

     Sen. Clegg left the meeting at this time.

 

7.  The Committee discussed Final Proposal 2005-231 from the Board of Nursing (Nurse Licensure Compact Rules).  Margaret Walker testified for the agency. 

 

     Sen. Clegg returned to the meeting during the discussion of this item.

 

     Rep. Dokmo moved that the Committee make a preliminary objection to Final Proposal 2005-231 on the grounds that the incorporated model rules of the Nurse Licensure Compact  must be written in the rules so as not to conflict with RSA 541-A:12, III.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2006-16 from the Department of Safety (Alcohol and Controlled Drug Rules).  Sheri Kelloway testified for the agency.

 

     The Department had submitted a request for conditional approval in an amended rule dated April 19, 2006.

 

     Sen. Clark arrived during the discussion of this item.

 

     Rep. Taylor moved that the Committee conditionally approve Final Proposal 2006-16 as requested.

 

     Sen. Clegg seconded.

 

     Adopted.

 

**9. The Committee discussed Proposed Interim Rule INT 2006-12 from the Department of Safety (Interim Statewide Protocols and Quality Management Program Rules).  Sheri Kelloway and Susan Prentiss testified for the agency.

 

     Rep. Taylor moved that the Committee approve Proposed Interim Rule INT 2006-12.

 

     Sen. Clark seconded.

 

     Adopted.

 

10.The Committee discussed Final Proposal 2005-218 from the Insurance Department (Ins 1906 Discontinuance and Replacement of Group Accident and Health Coverage).  Deborah O’Loughliin and Maureen Hartsmith testified for the agency.

 

Sen. Clark moved that the Committee make a preliminary objection to Final Proposal 2005-218 on the grounds that Ins 1906.06 (g) was not clear and understandable.

 

Rep. Taylor seconded.

 

     Adopted.

 

11.The Committee discussed Proposed Interim Rule INT 2006-11 from the Health Services Planning and Review Board (Transfer of Ownership). 

 

Rep. Dokmo moved that the Committee approve Proposed Interim Rule INT 2006-11.

 

Rep. Millham seconded.

 

Adopted.

 

12.  After a break, with Reps. Patten, Taylor, Allan, Millham, Dokmo, and Pilotte and Sen. Clegg present, the Committee discussed Proposed Interim Rule INT 2006-14 from the Department of Health and Human Services (Former Office of Alcohol and Drug Abuse Prevention, Impaired Driver Intervention Program).  James Shanelaris testified for the agency.

 

      Sen. Clegg moved that the Committee approve Proposed Interim Rule INT 2006-14.

 

      Rep. Taylor seconded.

 

      Adopted.

 

**13. The Committee discussed Final Proposal 2006-24 from the Department of Health and Human Services (Commissioner, Certification for Payment Standards for Residential Facilities).  Byry Kennedy, Michele Beasley, Peter Carter, Robert Rodler, and Timothy McAvoy testified for the agency.

 

During the discussion of this item, Sen. Estabrook arrived in the meeting, Sen. Clark returned, and Rep. Dokmo left.

 

The following persons also testified:

 

Rep. Deanna P. Rush, although she withdrew when it was clear her testimony was to the objection response of the Department to Final Proposal 2005-117  (Maximum Reimbursement for Residential Child Care Rate Setting). 

 

Kathleen McDermott, representing Chase Home for Children of Portsmouth, N.H.

 

      Karen Gincott, representing NFI North, Inc. of Contoocook, N.H.

 

      Lou Catano, representing Webster House of Manchester, NH.

 

      Randy Walker, representing Hannah House of Lebanon, NH.

 

Erik Johannessen, representing Odyssey N.H., and Brian Cross, representing Easter Seals, registered their support of the rules but did not speak.

 

Before a motion was made, Sens. Estabrook and Clegg left the meeting.

 

Rep. Taylor moved that the Committee make a preliminary objection to Final Proposal 2006-24 on the grounds (1) as outlined in the annotations by Committee Attorney Morrell on pages 4, 19, 17, and 40 of the final proposal, (2) that the final proposal violates Part 1, Article 28-a as outlined in the annotations by Committee Attorney Morrell; (3) public testimony that the term “young adult” in
He-C 6350.02 (n) is unclear; and (4) lack of authority for He-C 6350.27(b) on transitional visits.

 

Sen. Clark seconded.

 

Adopted.

 

14.  The Committee discussed Proposed Interim Rule INT 2006-13 from the Department of Health and Human Services (Treatment of Specific Types of Income).  Lisabritt Solsky testified for the agency.

 

      Sen. Clegg returned to the meeting during the discussion of this item.

 

      Rep. Taylor moved that the Committee approve Proposed Interim Rule 2006-13.

 

      Sen. Clark seconded.

 

      Adopted.

 

15.After a break, with Reps. Patten, Allan, Taylor, Millham, and Pilotte, and Sen. Estabrook present, the Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2005-117 (Commissioner, Maximum Reimbursement for Residential Child Care Rate Setting).  Byry Kennedy and Timothy McAvoy testified for the agency.

 

Sen. Clegg and Sen. Clark returned to the meeting during the discussion of this item.

 

The following persons also testified:

 

Randy Walker, representing Hannah House of Lebanon, N.H.

 

Dan Mitchell, representing N.E. Salem Children’s Trust.

 

Karen Gineott, representing NFI North, Inc. of Contoocook, N.H.

 

John Tear, representing Spaulding Youth Center of Northfield, N.H.

 

Kathleen McDermott, representing Chase Home for Children of Portsmouth, N.H.

 

Rep. Patten read the testimony of Rep. Deanna P. Rush into the record.

 

Sen. Clegg left the meeting during the discussion of this item.

 

Sen. Estabrook moved that the Committee make a final objection to Final Proposal 2005-117 on the same ground as the preliminary objection.

 

Sen. Clark seconded.

 

A roll call vote was called.  The vote was as follows:

 

 

YES

NO

Rep. Patten

X

 

Rep. Taylor

X

 

Rep. Allan

X

 

Rep. Millham

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Estabrook

X

 

Sen. Clark

X

 

 

 

 

Total

7

0

 

The vote was 7 yes and 0 no.  The motion was adopted.

 

Sen. Estabrook moved that the Committee vote to sponsor a joint resolution relative to He-C 6422.08 on the same grounds as the final objection and recommending that the resolution put this issue to the policy committees of the House and Senate.

 

Sen. Clark seconded.

 

A roll call vote was called.  The vote was as follows:

 

 

YES

NO

Rep. Patten

X

 

Rep. Taylor

X

 

Rep. Allan

X

 

Rep. Millham

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Estabrook

X

 

Sen. Clark

X

 

 

 

 

Total

7

0

 

     The vote was 7 yes and 0 no.  The motion was adopted.

 

16.The Committee discussed postponement of other items.

 

Rep. Taylor moved that the Committee postpone action on the following items, and any objection responses received, to the continued meeting on May 5, 2006.

 

12.    DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

 

 

(e)  FP 2006-22

Former Division of Human Services

Pharmaceutical Services - Lock-In Program

(JLCAR Deadline May 22, 2006.)

 

 

(f)  FP 2006-23

Commissioner

Scheduling of Substances

(JLCAR Deadline May 22, 2006.  Existing regular rules expire

April 30, 2006.)

 

 

13.    LUNCH BREAK

 

14.    Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline June 27, 2006.)

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

 

 

OTHER BUSINESS

 

15.    Other

 

 

     Sen. Clark seconded.

 

     Adopted.

 

17.Rep. Taylor moved that the Committee recess to May 5.

 

Sen. Clark seconded.

 

Adopted.  The Committee recessd at 2:15 p.m.