Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

MAY 20, 2005

 

 

Members Present: Representatives Patten, Bicknell, Dodge*, Carson*, and Millham*, and Senators Flanders, Martel, Letourneau, Estabrook, Clark, and Clegg*. (*) Indicates alternate member.

 

(**) Indicates where Part 1, Article 28-a of the N.H. Constitution was an issue in the Committees discussions or decisions in this meeting. (See Item #10. However, that item was approved.)

 

1. The meeting was convened at 9:07 a.m. by Rep. Patten as Vice-Chair.

 

Members present at this time, aside from Rep. Patten, were Reps. Bicknell, Dodge, and Carson, and Sens. Letourneau and Estabrook.

 

Rep. Patten appointed Rep. Carson and Rep. Dodge as alternates, respectively, for Rep. Allan and Sen. Martel, who were absent.

 

2. The Committee discussed the minutes of the continued Committee meeting of May 6, 2005.

 

Rep. Bicknell moved that the minutes be approved.

 

Rep. Carson seconded.

 

Adopted.

 

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

 

FP 2004-203

BOARD OF MARITAL MEDIATOR CERTIFICATION

Procedural Rules

 

 

FP 2004-204

BOARD OF MARITAL MEDIATOR CERTIFICATION

Settlements and Explanation of Adopted Rules

 

 

FP 2004-209

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Air Resources

Portable Fuel Containers

 

 

FP 2005-8

N.H. LOTTERY COMMISSION

New Hampshire Sweepstakes Race Track Purse Distribution

 

 

FP 2005-9

N.H. LOTTERY COMMISSION

Rules for Prize Claims

 

 

FP 2005-10

N.H. LOTTERY COMMISSION

Rules for All Instant Games

 

 

FP 2005-11

N.H. LOTTERY COMMISSION

Rules for New Hampshire Powerball

 

 

FP 2005-13

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Poultry

 

 

FP 2005-18

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Public Health Services

HIV/AIDS Amendments

 

 

FP 2005-37

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Water

State Surface Water Discharge Permits.

 

Rep. Millham arrived during the discussion of this item.

 

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

 

Sen. Letourneau seconded.

 

Adopted.

 

Rep. Patten appointed Rep. Millham as an alternate for Sen. Flanders, who was absent.

 

4. The Committee discussed the following final proposal (Consent Agenda - Preliminary Objections):

 

FP 2005-24

COMMUNITY DEVELOPMENT FINANCE AUTHORITY

Community Development Block Grant Rules

 

Sen. Letourneau moved that the Committee make a preliminary objection to Final Proposal 2005-24 as outlined in the annotations to the rules by Committee Attorney Eldridge-Banack.

 

Rep. Carson seconded.

 

Adopted.

 

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

 

Rep. Bicknell moved that the Committee postpone action on the following items to the continued Committee meeting on June 3, 2005:

 

11. DEPARTMENT OF REVENUE ADMINISTRATION

 

 

(a) FP 2005-27

Nursing Facility Quality Assessment

(JLCAR Deadline June 20, 2005. Existing interim rule will expire June 5, 2005.)

 

(b) FP 2005-28

General Provisions Relating to Administration, Returns and Taxpayer Records

(JLCAR Deadline June 20, 2005.)

 

 

15. Discussion on responses to petitions:

 

(a) Petition to the Department of Environmental Services relative to Env-Ws 905 concerning standards for management of mercury-containing amalgam. (Petition made October 28, 2004. See response dated December 10, 2004).

(Formerly Item 10(a) on 5-6-05 agenda.)

 

(b) Petition to the Board of Education to undertake a new rulemaking proceeding relative to standards for educational personnel and approval of professional preparation programs in order to conform with federal law regarding the use of Social Security Numbers. (Petition made November 19, 2004. See response dated December 16, 2004).

(Formerly Item 10(b) on 5-6-05 agenda.)

 

16. Discussion on emergency rules.

(Formerly Item 11 on 5-6-05 agenda.)

 

(a) Department of Resources and Economic Development

Rules for Forest Fire Service and Administrative Fines

 

(b) Department of Safety

Electrical Requirements for Carnival Amusement Ride Rules

 

17. Discussion on proposed rulemaking petition for the Department of Safety relative to amending Saf-C 5203.04 on maximum rates for hazardous materials incident response.

(Formerly Item 12 on 5-6-05 agenda.)

 

 

18. Remaining Responses to Preliminary Objections Made in April 15, 2005 Meeting But Not Yet Received by Committee Staff.

(JLCAR Deadline July 20, 2005)

 

(a) OR 2004-213

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of of Mental Health and Development Services

Establishment and Operation of Area Agencies

 

OTHER BUSINESS

19. Other

 

Rep. Carson seconded.

 

Adopted.

 

6. The Committee discussed the response of the Insurance Department to the Committee's preliminary objection to Final Proposal 2004-212 (Ins 1905 Minimum Standards for Medicare Supplement Policies). Jack Zemp and Maureen Hartsmith testified for the agency.

 

Sen. Martel arrived during the discussion on this item, and Sen. Estabrook left. Rep. Patten appointed Rep. Dodge as an alternate for Rep. Taylor, who was absent.

 

Sen. Letourneau moved that the Committee make a final objection to Final Proposal 2004-212 on the grounds as outlined in the annotations to the rules by Committee Attorney Morrell.

 

Rep. Carson seconded.

 

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

 

Yes No

Rep. Bicknell X

Rep. Patten X

Rep. Dodge X

Rep. Carson X

Rep. Millham X

 

Sen. Letourneau X

Sen. Martel X__ ____

7 0

 

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

 

7. The Committee discussed Final Proposal 2005-14 from the Governing Board of Respiratory Care Practitioners (Requirements for Licensure). Trudy Mott-Smith of the Department of Administrative Services testified for the Governing Board.

 

On behalf of the Governing Board, Trudy Mott-Smith had submitted a request for conditional approval with an amended rule dated May 20, 2005.

 

Sen. Estabrook returned to the meeting, and Sen. Flanders arrived in the meeting during the discussion of this item.

 

Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-14 as requested by the agency.

 

Rep. Millham seconded, but since Sen. Flanders was now present, and Rep. Millham could not vote, Rep. Carson seconded.

 

Rep. Patten appointed Rep. Millham as an alternate for Sen. Clark, who was absent.

 

On a show of hands, the vote was 4 "yes" and 4 "no". The motion was not adopted. Rep. Patten noted for the record that the members voting "yes" were Reps. Millham, Carson, Bicknell, and Patten, and the members voting "no" were Rep. Dodge and Sens. Martel, Letourneau, and Estabrook. Sen. Flanders was not voting.

 

After further discussion, Rep. Bicknell moved that the Committee make a preliminary objection to Final Proposal 2005-14 relative to the furnishing of an applicant's social security number in Resp 302.02(j).

 

Sen. Martel seconded.

 

Adopted.

 

8. After a break, with Reps. Patten, Bicknell, Dodge, Carson, and Millham, and Sen. Flanders present, the Committee discussed Final Proposal 2005-35 from the Fish and Game Department (Wildlife Rules - Moose, Fisher, Long Island Deer, Wild Turkey, and Opussum).

 

The agency had submitted a request for conditional approval in a letter and attached rule dated May 18, 2005.

 

Sen. Flanders moved that the Committee conditionally approve Final Proposal 2005-35 as requested by the agency.

 

Red. Dodge seconded.

 

Adopted.

 

9. The Committee discussed Final Proposal 2005-32 from the Department of Safety (Motor Carrier Safety Rules). Sheri Kelloway testified for the agency.

 

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

 

Sen. Flanders moved that the Committee make a preliminary objection to Final Proposal 2005-32 on the grounds (1) as outlined in the annotations to the Final Proposal by Committee Attorney Eldridge-Banack, and (2) as requested by the agency relative to the phrase "highway patrol and enforcement officer, state trooper or other authorized law enforcement agent of the commissioner" in rules Saf-C 903.01, 906.01, and 907.01.

 

Rep. Bicknell seconded.

 

Adopted.

 

**10. The Committee discussed Proposed Interim Rule INT 2005-7 from the Department of Environmental Services (Division of Water, New Hampshire Drinking Water Rules). Gretchen Hamel testified for the agency.

 

Sen. Martel returned to the meeting during the discussion of this item, and Sen. Letourneau left.

 

Rep. Bicknell moved that the Committee approve Proposed Interim Rule INT 2005-7.

 

Rep. Dodge seconded.

 

Adopted. Rep. Patten noted for the record that the vote was 6 "yes" and 0 "no", with Sen. Martel not voting.

 

11. The Committee discussed Final Proposal 2005-38 from the Department of Environmental Services (Division of Water, Standards for Management of Mercury-Containing Amalgam). Gretchen Hamel testified for the agency.

 

James Williamson, representing the N.H. Dental Society, also testified.

 

Rep. Bicknell moved that the Committee approve Final Proposal 2005-38.

 

Rep. Carson seconded.

 

Adopted.

 

12. The Committee discussed Final Proposal 2005-39 from the Department of Health and Human Services (Former Division of Public Health Services, N.H. Rules for the Sanitary Production and Distribution of Food). Lisabritt Solsky and Joyce Welch testified for the agency.

 

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

 

The agency had requested a conditional approval in a letter and attached rule dated May 19, 2005.

 

Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-39 as requested by the agency.

 

Sen. Martel seconded.

 

Sen. Clark arrived at the meeting at this time.

 

The motion was adopted. Rep. Millham was still voting as an alternate for Sen. Clark.

 

Rep. Patten appointed Rep. Millham as an alternate for Rep. Wall who was absent.

 

13. The Committee discussed Final Proposal 2005-34 from the Department of Health and Human Services (Former Division of Human Services, Pharmaceutical Services). Lisabritt Solsky and Dr. Doris Lotz testified for the agency.

 

Cindy Robertson, representing the Disabilities Rights Center, also testified.

 

Rep. Bicknell moved that the Committee approve Final Proposal 2005-34.

 

Sen. Martel seconded.

 

Adopted.

 

14. After a break, with Reps. Patten, Bicknell, Dodge, Carson, and Millham, and Sens. Flanders, Clegg, Letourneau, Martel, and Clark, present, the Committee discussed Final Proposal 2004-202 from the Health Services Planning and Review Board. Board members Beth-Ann Roberts and Erin Almeda, and Peg Heatley of the Department of Health and Human Services, testified for the Board.

 

Rep. Patten appointed Sen. Clegg as an alternate for Sen. Estabrook, who was absent. Rep. Patten reiterated her appointments of Reps. Carson, Dodge, and Millham as alternates, respectively, for Reps. Allan, Taylor, and Wall, who were absent.

 

Written testimony was provided on behalf of Elliot Hospital, Exeter Hospital, Southern N.H. Medical Center, Wentworth Douglas Hospital, and Lakes Region General Hospital.

 

Public testimony was also provided by the following:

 

Dr. Thomas Wharton, representing Exeter Hospital.

Paula Rogers, of Devine & Millimet, representing New England Heart Institute of Catholic Medical Center.

Dr. Robert Dewey, representing the New England Heart Institute of Catholic Medical Center.

 

Carol Ann O'Sullivan also represented the New England Heart Institute of Catholic Medical Center in opposition to the rules, but did not testify.

 

The following persons registered their support of the rules but chose not to testify orally:

 

Chris Gallagher, representing Lakes Region General Hospital and Southern N.H. Medical Center.

James Bianco and Mindy Dupre, representing Elliot Hospital.

 

Sen. Clark moved that the Committee approve Final Proposal 2004-202.

 

Sen. Flanders seconded.

 

Adopted.

 

Rep. Patten noted for the record that Sens. Letourneau and Martel voted "no", objecting on issue of public safety, and that the vote was 8 "yes" and 2 "no".

 

15. The Committee recessed at 1:20 p.m.