JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MAY 4, 2012
Members Present: Representatives Patten, Pilotte,
Schmidt, McGuire, Kidder*, and Bowers*, and Sen. 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 9:12 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
McGuire, Kidder, and Bowers, and Sen. Merrill.
Rep.
Patten designated Rep. Kidder and Rep. Bowers as alternates, respectively, for
Sen. Lambert and Rep. Manuse, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on April 20, 2012.
Rep.
Schmidt moved that the minutes be approved.
Rep.
McGuire seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
Rep.
McGuire moved that the following Final Proposal be postponed to the Committee
meeting on May 18, 2012:
11. 9:15 a.m. DEPARTMENT
OF SAFETY |
|
|
|
(b)
FP 2012-17 |
Various Carnival-Amusement Rules (JLCAR
Deadline May 21, 2012.) |
Rep. Schmidt seconded.
Adopted.
4. The Committee discussed the response by the
Fish and Game Department to the Committee’s preliminary objection to Final
Proposal 2012-22 (OHRV and Snowmobile Event Permits; Wheeled Vehicle
Reciprocity with VT). Sandra Falicon
testified for the Department.
Rep. Pilotte moved that the Committee
accept the response and approve the rules.
Sen. Merrill seconded.
Adopted.
5. The Committee discussed the response by the
Building Code Review Board to the Committee’s preliminary objection to Final
Proposal 2012-18 (Various Practice and Procedure Rules). Sheri Kelloway, representing the Department
of Safety, testified for the Board.
Rep. McGuire moved that the Committee make
a final objection to the objection response for Final Proposal 2012-18 on the
grounds as outlined in the annotations by Committee staff, in lieu of a vote to
sponsor a joint resolution, and with the understanding that the final objection
would be eliminated when HB 137 went into effect.
Sen. Merrill seconded.
After further discussion, Rep. McGuire
withdrew her motion and Sen. Merrill her second.
It was the consensus of the Committee that
action be postponed on this item to the Committee meeting on May 18, 2012.
6. The Committee discussed amending the
“Rulemaking Notice Form” relative to clarifying the applicability of new
requirements in RSA 541-A:10, I on agency notice to policy committees.
Rep. McGuire moved that the Committee
approve, as an amendment to the Drafting and Procedure Manual, the
Appendix II-C “Rulemaking Notice Form” as amended by Committee staff on May 1,
2012.
Rep. Schmidt seconded.
Adopted.
It was the consensus of the Committee that
agencies should not have to replace the existing form for 6 months.
7. The Committee discussed amending RSA
541-A:14-a and/or RSA 541-A:6, I on extension of rules to include public
notification.
It was the consensus of the Committee that
Committee staff further amend, for the May 18, 2012 Committee meeting, the
“Rulemaking Notice Form” to include a notification about the applicability of
RSA 541-A:14-a.
8. After a break, with Reps. Patten, Pilotte,
Schmidt, McGuire, Kidder, and Bowers, and Sen. Merrill present, the Committee
discussed Proposed Expedited Revisions to Forms EXRF 2012-1 from the Department
of Health and Human Services (Form 3720 “Request for Certification of Other Qualified
Agency”). Michele Beasley testified for
the Department.
Rep. McGuire moved that the Department
request the Department to withdraw Proposed Expedited Revisions to Forms EXRF
2012-1 as it is not necessary to go through rulemaking to conform Form 3720 to
the existing rules, on the grounds (1) that page 4 of Form 3720 was not a
“form” as defined in RSA 541-A:1, VII-a, (2) the changes proposed to pages 1-3
of Form 3720 were editorial, and (3) an amendment to He-P 601.05(a) to change
the reference from the “2/2/2009” edition to the “5/2012” edition could be made
as an editorial change.
Rep. Pilotte seconded.
Adopted.
9. The Committee discussed information on
copyright law and incorporation by reference provided by Micah Ascano, a law
student at the UNH School of Law.
It was the consensus of the Committee for
Committee staff to communicate a thank you to Mr. Ascano.
No further action was taken.
10. The Committee discussed the status of waivers
of deadlines in RSA 541-A since 2004.
No further action was taken.
11. Rep. Pilotte moved that the Committee
adjourn.
Rep. Schmidt seconded.
Adopted.
The Committee adjourned at 11:15 a.m.