JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MAY 20, 2011
Members Present: Representatives Patten,
Schmidt, McGuire, Manuse, Kidder*,
(**) Indicates where Part 1, Article 28-a of the
N.H. Constitution was an issue in the Committee’s discussions or decisions in
this meeting. (See Items #5 and
#13. However, Item #5 was conditionally
approved. Item #13 received a
preliminary objection, but not on grounds relative to Part 1, Article 28-a).
1. The meeting was convened at 9:00 a.m. by Rep. Patten as Chair.
Members present at this time, aside from Rep. Patten, were Reps. Schmidt, McGuire, Kidder, Tremblay, and Winter, and Sen. Merrill.
Rep. Patten designated Rep. Kidder, Rep. Tremblay, and Rep. Winter as alternates, respectively, for Rep. Manuse, Sen. Lambert, and Sen. Groen, who were absent.
2. The Committee discussed the minutes of the Committee meeting on May 6, 2011.
Rep. McGuire moved that the minutes be approved.
Rep. Kidder seconded.
Adopted.
3. The Committee discussed the following Final Proposal and Proposed Interim Rules (Consent Agenda – Final Proposals and Proposed Interim Rules):
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FP 2011-23 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs |
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INT 2011-13 |
BOARD OF EDUCATION Library Media Specialist, Theatre, Music and Classical Languages |
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INT 2011-14 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Physical Therapy, Occupational Therapy, and Services for Individuals
With Speech, Hearing, and Language Disorders |
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INT 2011-15 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services In-Home Supports |
Rep. Schmidt moved that the Committee approve the Final Proposal and Proposed Interim Rules.
Rep. McGuire seconded.
Adopted.
Rep. Taylor arrived during the discussion of this item, but did not vote. After the motion was adopted, Rep. Patten designated Rep. Taylor as an alternate for Sen. Kelly, who was absent.
4. The Committee discussed postponing action on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee postpone the following items to the next Committee meeting:
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13. OR 2011-11* |
FISH AND GAME DEPARTMENT Moose Lottery and Bear Guide Permit
Allocation (JLCAR
Deadline July 20, 2011.) *Response not yet received. |
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OTHER BUSINESS 14. Other |
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Sen. Merrill seconded.
Adopted.
**5. The Committee discussed Final Proposal 2011-24 from the Department of Environmental Services (Water Quality and Quantity Programs, Instream Flow Rules). Peter Demas and Steven Couture testified for the Department.
The Department submitted a conditional approval request in a letter and amended rule dated May 20, 2011.
Rep Manuse arrived during the discussion of this item.
Rep. Patten designated Rep. Kidder as an alternate for Rep. Pilotte, who was absent.
Rep. McGuire moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-24 based on the request.
Rep. Manuse seconded.
Adopted.
Rep. Patten noted for the record that Rep. Tremblay voted “no”.
6. The Committee discussed Final Proposal 2011-27 from the Department of Environmental Services (Air Related Programs, Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT)). Peter Demas and Craig Wright testified for the Department.
Michael Licata, Vice President of the Business and Industry Association, had submitted written testimony dated May 20, 2011, but did not speak.
Rep. Manuse moved that the Committee approve Final Proposal 2011-27.
Rep. Taylor seconded.
Adopted.
7. After
a break, with Reps. Patten, Schmidt, McGuire, Manuse, Kidder,
Rep. Manuse moved that the Committee approve Final Proposal 2011-25.
Rep. McGuire seconded.
Adopted.
8. The Committee discussed Final Proposal 2011-20 from the Insurance Department (Requirements for Accident and Health Insurance Rate Submissions). Deborah O’Loughlin and Michael Wilkey testified for the Department.
The Department had submitted a conditional approval request in a letter dated May 9, 2011 and amended rules dated May 2, 2011, and revised conditional approval request in a letter and amended rules dated May 19, 2011.
Rep. Schmidt moved that the Committee accept the revised conditional approval request and conditionally approve Final Proposal 2011-20 based on the revised request.
Sen. Merrill seconded.
Adopted.
9. The Committee discussed Final Proposal 2011-38 from the Insurance Department (Standards for Preparing Annual Life Insurance Disclosures). Deborah O’Loughlin and Michael Wilkey testified for the Department.
The Department had requested a conditional approval in a letter dated May 9, 2011 and amended rules dated May 3, 2011.
Rep. Taylor moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-38 based on the request.
Rep. Winter seconded.
Adopted.
10. The Committee discussed Final Proposal 2011-39 from the Insurance Department (Hazardous Financial Conditions). Deborah O’Loughlin and Thomas Burke testified for the Department.
Rep. McGuire moved that the Committee approve Final Proposal 2011-39.
Rep. Schmidt seconded.
Adopted.
11. The Committee discussed Final Proposal 2011-40 from the Department of Revenue Administration (Electronic Signatures). Kathryn Skouteris testified for the Department.
Rep. Manuse moved that the Committee approve Final Proposal 2011-40.
Rep. Taylor seconded.
Adopted.
12. The Committee discussed Final Proposal 2011-44 from the Department of Health and Human Services (Former Division of Elderly and Adult Services, Alzheimer’s Respite Care Services). Maya Glover and Cathy Creapaux testified for the Department.
The Department had submitted a request for conditional approval in a letter and amended rules dated May 16, 2011.
Rep. Schmidt moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-44 based on the request.
Sen. Merrill seconded.
Adopted.
**13. The Committee discussed Final Proposal 2010-159 from the Board of Education (Alternative Education, Tuition, and Transportation). Lisa Danley at the Department of Education testified for the Board.
Rep. McGuire moved that the Committee make a preliminary objection to Final Proposal 2011-159 on the grounds as outlined in Committee staff annotations to Ed 1304.01(a)(1), Ed 1304.01(b)(6) and (7), Ed 1304.02(b)(7)b., Ed 1405.01(a)(1), Ed 1405.01(c)(2), (6) and (7), and Ed 1405.02(b)(7)a.
Rep. Manuse seconded.
Adopted.
It was the consensus of the Committee that the Board’s response to the objection would be placed on the agenda for the Committee’s regular meeting on June 17, 2011.
14. The
Committee discussed Proposed Interim Rule INT 2011-16 from the Board of
Education (High School Diploma). Edward
Murdough of the Department of Education, and Mary Ellen Hannon and Christopher
Kellan of the
Rep. Manuse moved that the Committee approve Proposed Interim Rule INT 2011-16 with the understanding that the Committee does not condone the 3 days’ public notice given by the Board for the interim rulemaking instead of the minimum 7 days’ notice required by RSA 541-A:19, V.
Rep. Schmidt seconded.
Adopted.
15. Rep. Manuse moved that the Committee adjourn.
Rep. Taylor seconded.
Adopted.
It was the consensus of the Committee that the continued Committee meeting on June 3, 2011 be cancelled.
The Committee adjourned at 11:50 a.m.