JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

MAY 15, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Gottling, Millham, Boyce*, Taylor*, Kidder*, and Sad*, and Senators Cilley, Merrill, and Carson*.  (*)  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. Patten, Gottling, Boyce, Kidder, and Sad.

 

     Sen. Merrill arrived after the meeting was convened.

 

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

 

2.  The Committee discussed the minutes of the Committee meeting on April 17, 2009.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Boyce seconded.

 

     Adopted.

 

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

 

FP 2009-6

BOARD OF LICENSING FOR ALCOHOL AND OTHER DRUG USE PROFESSIONALS

Initial Certification and Licenses

 

 

FP 2009-14

BOARD OF EDUCATION

Parental Refusal of Consent: Initiation of Due Process Hearing

By Local Education Agency (LEA)

 

 

FP 2009-25

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Bureau Trail Use Rules

 

 

FP 2009-31

DEPARTMENT OF RESOURCES AND ECONOMIC DEVELOPMENT

Natural Heritage Program Rules

 

 

FP 2009-34

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Office of Alcohol & Drug Abuse Prevention

Operational Requirements for Opioid Detoxification and Methadone Maintenance,

Treatment and Rehabilitation Programs

 

 

    

     Rep. Gottling moved that Final Proposal 2009-14 be taken off consent.

 

     Rep. Patten seconded.

 

     Adopted.

 

     Rep. Patten moved that the final proposals, except for Final Proposal 2009-14, be approved.

 

     Rep. Boyce seconded.

 

     Adopted.

 

4.  The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2009-21 (Former Division of Public Health Services, Ophthalmic Dispensing Continuing Education).

 

     The Department had withdrawn the Final Proposal in response to the objection as indicated in a letter dated May 14, 2009.

 

     The Committee took no further action.

 

     Sen. Cilley arrived during the discussion of this item.

 

5.  The Committee discussed Final Proposal 2009-14 from the Board of Education (Parental Refusal of Consent:  Initiation of Due Process Hearing by Local Education Agency (LEA).)  Santina Thibodeau and Terry Brune testified for the Board.

 

     Rep. Millham arrived as the discussion of this item began.  Rep. Pilotte therefore appointed Rep. Kidder as an alternate for Sen. Fuller Clark, who was absent.

 

     Sen. Carson arrived after this appointment.  Rep. Pilotte then appointed Sen. Carson as an alternate for Sen. Fuller Clark.  Rep. Kidder at this time was a non-voting member.

 

     Gerald M. Zelin then testified.

 

     Rep. Taylor arrived during Mr. Zelin’s testimony, but at this time Rep. Taylor was a non-voting member.

 

     Assistant Superintendent Brian Balke from the Goffstown School District also testified.

 

     Rep. Patten moved that the Committee approve Final Proposal 2009-14 with the recommendation that the Board undertake new rulemaking to address the comments on public testimony, for which a transcript will be prepared.

 

     Sen. Merrill seconded.

 

     Adopted.  Rep. Pilotte noted for the record that Rep. Boyce voted “no”.

 

6.  The Committee discussed the response of the Department of Resources and Economic Development to the Committee’s preliminary objection to Final Proposal 2008-221 (Rules for the Job Training Program).  Leanne Lavoie testified for the Department.

 

     Leanne Lavoie requested, on behalf of the Department, a revised objection based on the grounds indicated in Committee staff’s annotations to the response to the preliminary objection.

 

     Rep. Patten moved that the Committee make a revised objection to Final Proposal 2008-221 as requested.

 

     Rep. Boyce seconded.

 

     Adopted.

 

7.   The Committee discussed Proposed Interim Rule INT 2009-11 from the Department of Safety (Interim Various Display Fireworks Rules).  Marta Modigliani testified for the Department.

 

      Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2009-11 with the recommendation that the Department address in the regular rulemaking proceeding the concerns raised by the Committee, which will be available in a transcript.

 

      Sen. Carson seconded.

 

      Adopted.

 

8.   The Committee discussed Final Proposal 2008-264 from the Department of Safety (Readoption of Safe Boater Education Rules).  Marta Modigliani and David Barrett testified for the Department.

 

      Rep. Patten moved that the Committee approve Final Proposal 2008-264 with the recommendation that the Department address in future rulemaking the issues of home study and internet study courses but otherwise address policy changes through legislation.

 

      Sen. Carson seconded.

 

      Adopted.

 

9.   After a break, with Reps. Pilotte, Patten, Gottling, Boyce, Kidder, and Sad, and Sens. Merrill and Carson present, the Committee discussed Proposed Interim Rule INT 2009-10 from the Department of Environmental Services (Division of Water, Monitoring, Reporting, and Compliance – Laboratory Techniques).  Gretchen Hamel testified for the Department.

 

      Rep. Millham returned to the meeting as the discussion on this item began.

 

      Rep. Pilotte appointed Rep. Kidder as an alternate for Sen. Cilley, who was absent.

 

      Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2009-10.

 

      Sen. Carson seconded.

 

      Adopted.

 

10.  The Committee discussed the response of the Department of Environmental Services to the Committee’s preliminary objection to Final Proposal 2008-260 (Air Related Programs, Carbon Dioxide (CO2) Offset Projects.).  Gretchen Hamel, Joanne Morin, and Joseph Fontaine testified for the Department.

 

      Sen. Cilley returned to the meeting during the discussion of this item.  Rep. Kidder therefore was no longer a voting member.

 

      Thereafter, Rep. Taylor returned to the meeting. Sens. Carson and Cilley left, and Rep. Kidder was a voting member again.

 

      Rep. Millham moved that the Committee accept the response and approve the rules, with (1) the recommendation to the Director of the Office of Legislative Services that she accept as an editorial change in the adopted rule the replacement of the words “guided by” in Env-A 4704.04(a)(1) with “with awareness of”, and (2) the understanding that the editorial change noted in the Committee staff comment to Env-A 4710.05(c) does not have to be made.

 

      Rep. Patten seconded.

 

      Adopted. 

 

11.  The Committee discussed Final Proposal 2009-23 from the Board of Directors, Office of Licensed Allied Health Professionals (Organizational Rules).  Tina Kelley testified for the Board.

 

      Rep. Patten left the meeting during the discussion of this item.  Rep. Pilotte then appointed Rep. Taylor as an alternate for Rep. Patten.

 

      Rep. Gottling moved that the Committee approve Final Proposal 2009-23 with the recommendation to the Director of the Office of Legislative Services that she accept as editorial changes in the adopted rule (1) the replacement of the words “public records” with “governmental records open to the public” in Ahp 103.05(a), and (2) the replacement of “board’s records” in Ahp 104.03(a), and “board records” in Ahp 104.03(b) and (c), with “board’s governmental records”. 

 

      Rep. Sad seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2009-32 from the Department of Administrative Services (Plant and Property Management Rule Revisions).  Thomas Kehr and Michael Connor testified for the Department.

 

      Rep. Taylor moved that the Committee approve Final Proposal 2009-32.

 

      Sen. Merrill seconded.

 

      Adopted. 

 

13.  The Committee discussed Final Proposal 2009-30 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Certification of Residential Services, Combined Residential and Day Services or Day Services Provided in the Family Home).  Kenneth Nielsen represented the Department. 

 

      The Committee took no action at this time but proceeded to the next item. 

 

14.  The Committee discussed Final Proposal 2009-33 from the Department of Health and Human Services (Former Division of Human Services, Hearing Aid Service).  Michael Holt and Jane Hybsch testified for the Department.

 

      Eliza Evans, representing the N.H. Academy of Audiology, also testified.

 

      Rep. Boyce moved that the Committee approve Final Proposal 2009-33.

 

      Rep. Kidder seconded.

 

      Adopted. 

 

15.  The Committee resumed discussion of Final Proposal 2009-30 of the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Certification of Residential Services, Combined Residential and Day Services or Day Services Provided in the Family Home).  Kenneth Nielsen testified for the Department.

 

      Sen. Merrill left the meeting as the discussion of this item began.

 

      Rep. Taylor moved that the Committee approve Final Proposal 2009-30.

 

      Rep. Kidder seconded.

 

      Adopted. 

 

16.  Rep. Kidder moved that the Committee adjourn.

 

      Rep. Gottling seconded.

 

      Adopted.

 

      The Committee adjourned at 12:42 p.m. with the consensus to cancel the continued meeting on June 5th.

 

      The following item was thereby affectively postponed to the next regular Committee meeting on June 19, 2009:

 

     

12. Response to Preliminary Objections Made in April 17, 2009 Meeting But Not Yet Received by
Committee Staff:

 

 

(a)  OR 2009-19

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Water Supply Land Protection Grant Program

(JLCAR Deadline July 21, 2009.)