JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

MAY 7, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Millham, Boyce*, Taylor*, and Kidder*, and Senator Carson*.  (*)  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 #5.  Objection Response 2009-108 in Item #5 was postponed, and Objection Response 2009-109 in Item #5 was approved.)

 

1.  The meeting was convened at 9:06 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Taylor, Kidder, and Boyce.

 

     Sen. Carson arrived immediately after the Committee convened.

 

     Rep. Pilotte appointed Rep. Boyce, Rep. Taylor, and Rep. Kidder, as alternates, respectively, for Rep. Millham, Rep. Gottling, and Sen. Letourneau.

 

2.  The Committee discussed the minutes of the Committee meeting on April 16, 2010.

 

     Rep. Patten moved that the minutes be approved.

 

     Rep. Boyce seconded.

 

     Adopted.

 

     It was noted for the record that Rep. Schmidt abstained from voting.

 

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

 

     Rep. Millham arrived as the discussion began on this item.

 

     Rep. Pilotte appointed Rep. Boyce as an alternate for Sen. Merrill, who was absent.

 

     Rep. Schmidt moved that the Committee postpone action on the following items to the next Committee meeting on May 21, 2010.

 

14.(c)  OR 2009-176

LIQUOR COMMISSION
Agency Store Rules

(JLCAR Deadline June 8, 2010.)

 

 

13. Responses to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet Received by Committee Staff:

 

 

(a)  OR 2008-165

BOARD OF MENTAL HEALTH PRACTICE

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(b)  OR 2008-166

BOARD OF MENTAL HEALTH PRACTICE

Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

     Sen. Carson seconded.

 

     Adopted.

 

4,  The Committee discussed Final Proposal 2009-130 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Eligibility Determination and Service Planning for Individuals with An Acquired Brain Disorder).  Kenneth Nielsen testified for the Department.  Matthew Ertas also represented the Department.

 

     The Department had earlier submitted a conditional approval request in a letter and amended rules dated March 3, 2010.

 

     Richard Cohen, who represented the Disabilities Rights Center, also testified.

 

     Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2009-130 on the ground that the inclusion of a waitlist was contrary to legislative intent by conflicting with RSA 171-A:1-a, and also contrary to the public interest.

 

     Rep. Boyce seconded.

 

     Adopted.

 

5.  The Committee discussed the following responses by the Department of Environmental Services to preliminary objections made by the Committee on March 5, 2010:

 

            OR 2009-108          Wetlands Programs

                                          Amendments Relative to Stream Crossings

 

            OR 2009-109          Wetlands Programs

                                          Streams Crossings

 

     Gretchen Hamel and Rene Pelletier testified for the Department.

 

     Written testimony had been received from the following persons prior to the meeting:

 

            Chris Gamache, representing the N.H. Department of Resources and Economic Development, Division of Parks and Recreation, Bureau of Trails, in a letter dated April 9, 2010.

            Frank Delgiudice, representing the U.S. Department of the Army, Corps of Engineers, in a letter dated April 9, 2010.

            George N. Campbell, Jr., Commissioner of the N.H. Department of Transportation, in a letter dated April 13, 2010.

            Glenn English, Haverhill Town Manager, in a letter dated April 21, 2010.

            Paul G. Sanderson, representing the N.H. Municipal Association, in a letter and attached comments dated May 6, 2010.

            Rep. Candace C. W. Bouchard, Chair of the House Committee on Public Works and Highways, in a letter dated May 5, 2010.

            Rep. Judith Sprang, Chair of the House Resources, Recreation and Development Committee, in a letter dated May 7, 2010.

 

     The following persons testified in the meeting:

 

            Jason A. Stack, representing the N.H. Timberland Owners Association.

            Gary Abbott, representing the Associated General Contractors of New Hampshire, Inc., who also provided written testimony.

            Richard Roach, representing the U.S. Department of the Army, Corps of Engineers.

            Paul G. Sanderson, representing the N.H. Municipal Association.

            Kevin Nyhan, representing the N.H. Department of Transportation.

            Kenneth Roberts, representing the Town of Alton.

            Glenn Normandeau, Executive Director of the N.H. Fish and Game Department, representing the Department.

            Christopher Albert, representing the N.H. Association of Natural Resource Scientists.

 

     Rep. Schmidt moved that the Committee accept the response and approve the rules in Objection Response 2009-108.

 

     Rep. Taylor seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

Yes

No

 

 

 

Rep. Patten

 

X

Rep. Millham

X

 

Rep. Boyce

 

X

Rep. Taylor

X

 

Rep. Kidder

 

X

Rep. Schmidt

X

 

Rep. Pilotte

X

 

 

 

 

Sen. Carson

 

X

 

 

 

Total

4

4

 

     The vote was 4 “yes” and 4 “no”.  The motion was not adopted.

 

     No further motions were made, affectively postponing consideration of Objection Response 2009-108 to the next Committee meeting.

 

     It was the consensus of the Committee that Objection Response 2009-108 would be the first item on the regular agenda for the Committee meeting on May 21, 2010.

 

     Representative Schmidt moved that the Committee accept the response and approve the rules in Objection Response 2009-109.

 

     Rep. Boyce seconded.

 

     A roll call vote was called.  The vote was as follows:

 

 

Yes

No

 

 

 

Rep. Schmidt

X

 

Rep. Patten

 

X

Rep. Millham

X

 

Rep. Boyce

X

 

Rep. Taylor

X

 

Rep. Kidder

 

X

Rep. Pilotte

X

 

 

 

 

Sen. Carson

 

X

 

 

 

Total

5

3

 

     The vote was 5 “yes” and 3 “no”.  The motion was adopted.

 

6.  After a break, with Reps. Pilotte, Schmidt, Millham, Boyce, Taylor, and Kidder present, the Committee discussed amendments to the Drafting and Procedure Manual.

 

     Michael Holt, representing the Department of Health and Human Services, and Sandra Falicon, representing the Fish and Game Department, testified.

 

     The Committee took no action at this time.

 

7.  Rep. Taylor moved that the Committee adjourn.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     The Committee adjourned at 12:25 p.m., effectively postponing consideration of the following item to the next Committee meeting:

 

OTHER BUSINESS

 

16. Other