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.