Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

MAY 6, 2005

 

 

Members Present: Representatives Patten, Taylor, Wall, Bicknell, Dodge*, Carson*, Millham*, and Pilotte*, and Senators Flanders, Letourneau, Martel, Clark, and Bragdon*.  (*) Indicates alternate member.

 

(**)  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 Item #6 and Items #10 through #13.  However, Items #6 and #10 through #12 were approved and Item #13 was conditionally approved.)

 

1.  The meeting was convened at 9:01 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Bicknell, Dodge, Carson, Millham, and Pilotte, and Sens. Flanders, Letourneau, and Bragdon.

 

     Rep. Patten appointed Reps. Dodge, Pilotte, and Carson, and Sen. Bragdon as alternates, respectively, for Reps. Allan, Wall, and Taylor and Sen. Martel, who were absent.

 

     At this time, Rep. Millham was not appointed as an alternate for an absent member.

 

2.  The Committee discussed the minutes of the regular meeting of April 15, 2005.

 

     Rep. Bicknell moved that the minutes be approved.

 

     Rep. Dodge seconded.

 

     Adopted.

 

3.  The Committee discussed an amendment to the minutes of the regular meeting on March 18, 2005.

 

     Sen. Flanders moved that the minutes be amended to include Sen. Clark as a member present, delete "Rep. Clark" in Item 1, and change "Sen. Flanders" in Item 1 to say "Sens. Flanders and Clark".

 

     Rep. Bicknell seconded.

 

     Adopted.

 

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

 

     No action to postpone was not taken at this time.

 

5.  The Committee discussed the response of the Public Utilities Commission to the Committee's preliminary objection to Final Proposal 2004-190 (Rules for Telephone Utility Service and Local Telecommunications Competition).  Chairman Thomas Getz and Suzanne Amidon testified for the agency.

 

     Rep. Taylor, Sen. Clark, and Sen. Martel arrived after the discussion on this item began.

 

     The following persons provided public testimony:

 

                 Fred Coolbroth, representing the N.H. Telephone Association.

                 Gregory Kennan, representing Conversent Communications of N.H.

                 Polly Brown, representing Verizon.

                 Victor Del Vecchio, representing Verizon.

                 Alan Linder, representing N.H. Legal Assistance.

                 William Leahy, representing AT&T.

                 Douglas Patch, of Orr & Reno, representing BayRing Communications.

                 Jeremy Katz, representing Segtel, Inc.

 

     Rep. Wall arrived during the public testimony, and Sen. Martel left the meeting during the public testimony, so Sen. Bragdon resumed as an alternate for him.

 

     Since Rep. Wall was now present, Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was absent, instead of for Rep. Wall.

 

     Reps. Carson and Millham were not appointed as alternates, as all other regular members were now either present or their alternates appointed.

 

     Sen. Clark moved that the Committee accept the response and approve the rules.

 

        Rep. Bicknell seconded.

 

        Sen. Martel returned to the meeting at this time but was not voting, as noted by Rep. Patten, as he was not present when the question was put to the Committee.

 

        Rep. Patten called a roll call vote. The vote was as follows:

 

                                                  Yes              No

                 Sen. Flanders                                  X

                 Sen. Letourneau          X

                 Sen. Clark                   X

                 Sen. Bragdon               X

 

                 Rep. Pilotte                 X

                 Rep. Dodge                                    X

                 Rep. Bicknell               X

                 Rep. Wall                    X

                 Rep. Taylor                 X

                 Rep. Patten                                     X__

                                                   7                   3

 

     The vote was 7 "yes" and 3 "no".  The motion was adopted.

 

**6. After a break, with Reps. Patten, Taylor, Dodge, Carson, Millham, and Pilotte, and Sens. Bragdon, Martel, Clark, Letourneau, and Flanders present, the Committee discussed Final Proposal 2004-180 from the Board of Education (Standards for School Approval).  Board members Fred Bramante, Debra Hamel, Dr. Mary McNeil, and William Walker, Commissioner Lionel Tracy, Deputy Commissioner Paul Ezen, and Sarah Browning, Special Assistant to the Commissioner, testified for the agency.

 

     Sen. Letourneau and Sen. Flanders left the meeting during the discussion of this item.

 

     The following persons provided public testimony:

 

                 Ellen J. Shemitz, Esq., representing the Children's Alliance of N.H.

                 Dr. Mark V. Joyce, representing the N.H. School Administrators Association.

 

     Sen. Bragdon moved that the Committee conditionally approve Final Proposal 2004-180 on the condition that (1) Ed 306.15(c) be amended to replace the words "shall ensure" with "shall require" and, (2) Ed 306.17(a)(1)a. and b. and Ed 306.25 be amended to delete the words "by the 2007-2008 school year".

 

     After further discussion, Sen. Bragdon withdrew his motion.

 

     Sen. Letourneau returned to the meeting at this time.

 

     After further discussion, Sen. Bragdon repeated his original motion.

 

     Rep. Wall seconded.

 

     Since Sen. Martel was present, Rep. Patten appointed Sen. Bragdon as an alternate for Sen. Flanders, who was absent.

 

     Rep. Patten appointed Rep. Pilotte as an alternate for Sen. Estabrook, who was absent.  Rep. Dodge continued as the alternate for Rep. Allan, who was absent.

 

     The motion was adopted.  Rep. Patten noted for the record that the vote was 9 yes and 1 no, with Sen. Clark voting no.

 

7.  Lunch break at 1:35 p.m.

 

8.  Reconvening at 2:05 p.m. with Reps. Patten, Taylor, Bicknell, Dodge, Carson, and Pilotte, and Sen. Letourneau present, the Committee discussed Final Proposal 2004-194 from the Governing Board of Athletic Trainers (Requirements for Licensure).  Trudy Mott-Smith and Robert Merrow testified for the agency.

 

        Rep. Wall arrived after the discussion on this item began.

 

     The agency submitted a conditional approval request with an amended rule text dated May 6, 2005.

 

     Sen. Letourneau moved that the Committee conditionally approve Final Proposal 2004-10.194 as requested.

 

     Rep. Taylor seconded.

 

     Rep. Patten appointed Rep. Carson as an alternate for Sen. Martel, who was absent.

 

     The motion was adopted.

 

9.   The Committee discussed Final Proposal 2005-216 from the Department of Safety (Road Toll Administration Rules). Marta Modigliani and Scott Bryer testified for the agency.

 

     Sen. Letourneau moved that the Committee approve Final Proposal 2005-16.

 

     Rep. Pilotte seconded.

 

     Adopted.

 

**10. The Committee discussed Final Proposal 2004-197 from the Department of Environmental Services (Division of Water, Water Conservation Rules).  Gretchen Hamel and Brandon Kernen testified for the agency.

 

        Rep. Dodge moved that the Committee approve Final Proposal 2004-197

 

        Rep. Taylor seconded.

 

        Adopted.

 

**11. The Committee discussed Final Proposal 2004-198 from the Department of Environmental Services (Division of Water, Filtration, Disinfection, Treatment Plant and Waste Recycling Rules).  Gretchen Hamel testified for the agency.

 

        Rep. Taylor moved that the Committee approve Final Proposal 2004-198.

 

        Rep. Bicknell seconded.

 

        Adopted.

 

**12. The Committee discussed Final Proposal 2004-199 from the Department of Environmental Services (Division of Water, Minor Corrections and Clarification to N.H. Drinking Water Rules).  Gretchen Hamel testified for the agency.

 

      Sen. Letourneau moved that the Committee approve Final Proposal 2004-199.

 

      Rep. Carson seconded.

 

      Adopted.

 

**13. The Committee discussed Final Proposal 2005-20 from the Department of Environmental Services (Division of Waste Management, Control of Aboveground Storage Facilities).  Gretchen Hamel testified for the agency.

 

     Gretchen Hamel had requested, on behalf of the Department, a conditional approval with a letter and attached rule dated April 13, 2005.  Gretchen Hamel submitted in the meeting an amended request with a letter and attached rule dated May 5, 2005.

 

      Rep. Bicknell moved that the Committee conditionally approve Final Proposal 2005-20 (1) as requested by the Department in the amended request, (2) on the condition that the Department file an Incorporation by Reference Statement for the document cited in Env-Wm 1402.15(e)(3)b., and (3) on the condition that the Department file an amended Incorporation by Reference Statement for the NFPA 30 Standard to include the citation to Env-Wm 1402.24(e)(2).

 

        Rep. Taylor seconded.

 

        Adopted.

 

14.  The Committee discussed the postponement of the rest of the agenda to another Committee meeting.

 

      Rep. Taylor moved that the Committee postpone action on the following items to the next regular Committee meeting on May 20, 2005.

 

9.      OR 2004-212

INSURANCE DEPARTMENT

Ins 1905 Minimum Standards for Medicare Supplement Policies

(JLCAR Deadline June 20, 2005.)

(Formerly Item 16 on 4-15-05 agenda.)

 

 

10.    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 19(a) on 4-15-05 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 19(b) on 4-15-05 agenda.)

 

11.    Discussion on emergency rules.

(Formerly Item 17 on 4-15-05 agenda.)

 

         (a)  Department of Resources and Economic Development

Rules for Forest Fire Service and Administrative Fines, Doc. #8318, eff 4-4-05

 

         (b)  Department of Safety

Electrical Requirements for Carnival Amusement Ride Rules, Doc. #8319, eff 4-5-05

 

12.    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 18 on 4-15-05 agenda.)

 

 

OTHER BUSINESS

13.    Other

 

     Rep. Bicknell seconded.

 

     Adopted.

 

15.  Rep. Bicknell moved that the Committee adjourn.

 

      Rep. Pilotte seconded.

 

      Adopted.

 

      The Committee adjourned at 3:16 p.m.