JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

MAY 6, 2011

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder*, Sad*, Tremblay*, and Winter*.  (*)  Indicates alternate members.

 

(**)  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 9:04 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt, McGuire, Sad, Tremblay, and Winter.

 

     Rep. Patten designated Reps. Tremblay, Sad, and Winter as alternates, respectively, for Rep. Manuse, Sen. Merrill, and Sen. Groen, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on April 15, 2011.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Rep. McGuire seconded.

 

     Adopted.

 

     Rep. Patten noted for the record that Rep. Schmidt abstained from voting.

 

3.  The Committee discussed postponing action on certain items to another meeting.

 

     No action to postpone was taken.

 

4.  The Committee discussed Final Proposal 2011-13 from the Department of Health and Human Services (Former Division of Human Services, Child Support Disbursement Fee).  Mary Weatherill, Timothy Frazier, and Michael Holt testified for the Department.

 

     Rep. Manuse arrived in the meeting during the discussion of this item.

 

     Rep. Pilotte moved that the Committee approve Final Proposal 2011-13.

 

     Rep. McGuire seconded.

 

     Adopted.

 

     Rep. Tremblay was no longer a voting member since Rep. Manuse was present.

 

5.  The Committee discussed the use in agency rules of incorporation of reference of material on Internet web sites, due to a recent request by the Department of Health and Human Services to make website updates to various rules in He-W 500 (Document #9836, effective December 18, 2010) as editorial changes.  Michael Holt testified for the Department.

 

     Rep. Patten designated Rep. Tremblay as an alternate for Sen. Lambert, who was absent.

 

     It was the consensus of the Committee to take no further action.

 

6.  The Committee discussed Final Proposal 2011-15 from the Department of Revenue Administration (Excavation Tax).  Stephen Hamilton and Kathryn Skouteris testified for the Department.

 

     Rep. Pilotte moved that the Committee approve Final Proposal 2011-15.

 

     Rep. Schmidt seconded.

 

     Adopted. 

 

7.  The Committee discussed Proposed Interim Rule INT 2011-9 from the Board of Licensing for Interpreters of the Deaf and Hard of Hearing (Licensing Rules for the Deaf and Hard of Hearing Interpreters).  Christine C. Wellington, Board member, testified for the Board.

 

     The Committee took no action at this time but discussed the next item.

 

8.  The Committee discussed the circumstance where there was not a quorum of the Pesticide Control Board present for the agency’s rulemaking hearing on Initial Proposal 2010-143 on December 14, 2010 as required by RSA 541-A:11, I.  The Committee had conditionally approved the Final Proposal on March 18, 2010.

 

     Rep. Kidder arrived during the discussion of this item.

 

     It was the consensus of the Committee that the opportunity for a Board response to the conditional approval and the confirmation by the Office of Legislative Services not be held up.

 

9.  After a break, with Reps. Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder, Sad, Tremblay, and Winter present, the Committee resumed discussion of the issue regarding the Pesticide Control Board.

 

     It was the consensus of the Committee that (1) a letter be sent to the Board with a copy of RSA 541-A:11, stating that it take action to assure the presence of a quorum at its next rulemaking hearing pursuant to RSA 541-A:11, I, and that there is the possibility pursuant to RSA 541-A:23, IV of a challenge in court to the rules on procedural grounds within one year of the effective date of the rules, and (2) a copy of the letter be sent to the Chair of the House Executive Departments and Administration Committee.

 

10.   The Committee resumed discussion of Proposed Interim Rule INT 2011-9 from the Board of Licensing for Interpreters of the Deaf and Hard of Hearing (Licensing Rules for the Deaf and Hard of Hearing Interpreters).  Christine C. Wellington testified for the Board.

 

      Rep. McGuire moved that the Committee approve Proposed Interim Rule INT 2011-9.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      It was the consensus of the Committee that a transcript of the Committee’s discussion be sent to the Board, and it was the consensus of the Committee that the Director of the Office of Legislative Services waive the deadline under RSA 541-A:19, X if necessary for the Board to adopt and file the rules.

 

11.  The Committee discussed Final Proposal 2011-14 from the Board of Registration of Funeral Directors and Embalmers (Practice and Procedure).  Randy S. Gordon, Board Member, testified for the Board.

 

      The Board had submitted a request for conditional approval with amended rules dated April 20, 2011 and received May 4, 2011.

 

      Rep. Pilotte moved that the Committee accept the conditional request and conditionally approve Final Proposal 2011-14 as requested, with amendments to (1) delete Frl 213.04(a), and renumber subsequent paragraphs editorially, and (2) insert the text of the existing rule Home 217 from the Board of Home Inspectors as Frl 215.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

12.  The Committee discussed Final Proposal 2010-154 from the Liquor Commission (Rules for Direct Shipment into N.H.).  Eddie Edwards testified for the Commission.

 

      Rep. McGuire moved that the Committee conditionally approve Final Proposal 2010-154 on the condition that Liq 1102.01(e) be amended to read: “In the event an applicant fails to comply with an application rule or statute, such applicant’s application shall not be processed and the application form and any submitted fee shall be returned to the applicant with the reasons the application is not being processed.  Notification shall be made in writing and within 10 working days”.

 

      Rep. Tremblay seconded.

 

      Adopted. 

 

13.  The Committee discussed the issue of Internet web site addresses in agency rules, as outlined in the Committee staff memo of May 5, 2011 to Rep. McGuire as Chair of the House Executive Departments and Administration Committee.

 

      No further action was taken.

 

14.  Rep. McGuire moved that the Committee adjourn.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

      The Committee adjourned at 12:11 p.m.