JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MAY 18, 2012
Members Present: Representatives Patten, Schmidt,
McGuire, Kidder*, and Winter*, and Senator Merrill. (*) 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 9:22 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Schmidt, McGuire,
Kidder, and Winter, and Sen. Merrill.
Rep.
Patten designated Rep. Kidder and Rep. Winter as alternates, respectively, for
Rep. Manuse and Rep. Pilotte, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on May 4, 2012.
Sen.
Merrill moved that the minutes be approved.
Rep.
Winter seconded.
Adopted.
3. The
Committee discussed the following Final Proposals (Consent Agenda – Final
Proposals):
FP 2012-25 |
REAL ESTATE COMMISSION Commission Contact Information |
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FP 2012-26 |
REAL ESTATE COMMISSION Real Estate Examination and License Fees,
Examination Schedule, Broker Education, and Dishonored Checks |
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FP 2012-27 |
REAL ESTATE COMMISSION Copies of Written Instruments and
Advertisements by Salespersons |
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FP 2012-28 |
REAL ESTATE COMMISSION Code of Ethics for Commissioners and Commission
Employees |
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FP 2012-29 |
REAL ESTATE COMMISSION Broker Accounting of Receipts and
Disbursements |
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FP 2012-34 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Regulated Toxic Air Pollutants |
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FP 2012-40 |
DEPARTMENT OF SAFETY International Registration Plan Rules |
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FP 2012-41 |
DEPARTMENT OF SAFETY Authority to Cite Fire Safety and Licensing
Violators Rules |
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FP 2012-44 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Special Medical Services - CHIP Transition
Amendments |
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FP 2012-45 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Children's Health Insurance Program (CHIP)
Transition Rules |
Rep.
McGuire moved that the Committee approve the Final Proposals with the exception
of Final Proposal 2012-26.
Rep.
Schmidt seconded.
Adopted.
4. The
Committee discussed Final Proposal 2012-26 from the Real Estate Commission
(Real Estate Examination and License Fees, Examination Schedule, Broker
Education, and Dishonored Checks). Beth
Edes testified for the Commission.
There
was a consensus from the Committee to postpone action on Final Proposal 2012-26
to the continued meeting on June 1, 2012.
5. The
Committee discussed the following Final Proposals from the agencies indicated
and for which requests for conditional approval had been submitted (Consent
Agenda – Conditional Approvals):
FP 2012-4* |
BOARD OF EDUCATION Library Media Specialist. *The only substantive issue is that the
agency continued to operate under expired rules as noted in the fiscal impact
statement for the final proposal. |
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FP 2012-35 |
FISH AND GAME DEPARTMENT 2012 Wildlife Rules, Wildlife Control Operator
Rules, and Nongame Rules |
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FP 2012-43* |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Low-Level Radioactive Waste Management Fund *The only substantive issue is that the
agency continued to operate under expired rules as noted in the fiscal impact
statement for the final proposal. |
Rep.
McGuire moved that the Committee accept the conditional approval requests and
conditionally approve the Final Proposals based on the requests.
Rep.
Schmidt seconded.
Adopted.
6. The
Committee discussed the following item:
10. 10:45
a.m. STATE BUILDING CODE REVIEW BOARD |
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OR 2012-18 |
Various Practice and Procedure Rules (JLCAR
Deadline July 3, 2012. Most of the
existing rules will expire July 16, 2012.) (Formerly Item #12 on 4-20-12 and 5-4-12
agendas.) |
Rep.
McGuire moved that the Committee postpone action on this item to the continued
Committee meeting on June 1, 2012.
Rep.
Schmidt seconded.
Adopted.
7. The
Committee discussed the following items:
7. Discussion on: |
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(a)
Amending the “Rulemaking Notice Form”. |
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(b)
Motion to recommend amendments to RSA
541-A. |
It
was the consensus of the Committee to postpone action on these items to the
continued Committee meeting on June 1, 2012.
8. The
Committee discussed Final Proposal 2012-38 from the Department of Environmental
Services (Water Quality and Quantity Programs, Gender of Counselors; Sleeping
Areas; Privacy-Areas). Peter Demas
testified for the Department.
Rep.
Schmidt moved that the Committee approve Final Proposal 2012-38 with the
recommendation that the Committee refer the issue of Department authority over
summer camps to the study committee established pursuant to HB 363 (Chapter 47,
Laws of 2012).
Rep.
McGuire seconded.
Adopted.
9. The
Committee discussed Final Proposal 2012-14 from the Health Services Planning
and Review Board (Physical Rehabilitation Hospitals). Cynthia Carrier and Jeffery Peck of the
Office of Health Services Planning and Review testified for the Board.
Rep.
McGuire moved that the Committee approve Final Proposal 2012-14.
Rep.
Schmidt seconded.
Adopted.
10. The
Committee discussed Final Proposal 2012-15 from the Health Services Planning
and Review Board (Inpatient Psychiatric Facilities). Cynthia Carrier and Jeffery Peck of the
Office of Health Services Planning and Review represented the Board.
Rep.
McGuire moved that the Committee approve Final Proposal 2012-15.
Sen.
Merrill seconded.
Adopted.
11. After
a break, with Reps. Patten, Schmidt, McGuire, Kidder, and Winter, and Sen.
Merrill present, the Committee discussed Final Proposal 2012-39 from the
Department of Safety (Vehicle Registration Rules). Sheri Kelloway testified for the
Department. Kelly Brudniak also
represented the Department but did not speak.
Rep.
Schmidt moved that the Committee approve Final Proposal 2012-39 with a recommendation
that the Committee refer to the House and Senate policy committees the issue
relative to Saf-C 514.35 and RSA 261:92 as annotated by Committee staff.
Sen.
Merrill seconded.
It
was the consensus of the Committee that the referral to the policy committees
would be in the form of a letter signed by Rep. Patten and Sen. Merrill and
include a transcript of the Committee meeting.
The
motion was adopted.
12. The
Committee discussed Final Proposal 2012-17 from the Department of Safety
(Various Carnival – Amusement Rules).
Sen.
Merrill moved that the Committee approve Final Proposal 2012-17.
Rep.
Kidder seconded.
Adopted.
13. The
Committee discussed Final Proposal 2012-32 from the N.H. Lottery Commission
(Rules for the Employee Recognition Program).
Georges Roy, Leonard Manning, and Executive Director Charles McIntyre
testified for the Commission.
Rep.
McGuire moved that the Committee conditionally approve Final Proposal 2012-32
on the condition that Sw 705.01(h) be deleted.
Rep.
Schmidt seconded.
Adopted.
14. The
Committee discussed whether to reconsider the postponement of the following
items to the June 1, 2012 continued meeting.
7. Discussion on: |
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(a)
Amending the “Rulemaking Notice Form”. |
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(b)
Motion to recommend amendments to RSA
541-A. |
It
was the consensus of the Committee to discuss these items at the June 1, 2012
meeting.
15. Rep.
McGuire moved that the Committee recess.
Rep.
Kidder seconded.
Adopted.
The
Committee recessed at 11:07 a.m.