JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 20, 2008
Members Present: Representatives Pilotte, Patten, MacKay, Powers, Millham*, Casey,*
DeJoie*, and Boyce*, and Senator Downing.
(*) 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
Committee was convened at 9:04
a.m. by Rep. Pilotte as Chair.
Members present at this time, aside from Rep. Pilotte were Reps. Patten, MacKay, Powers, Millham, and Boyce.
Rep. Pilotte appointed Reps. Millham and Boyce as alternates, respectively, for Rep. Schmidt and Sen. Letourneau, who were absent.
2. The Committee discussed the minutes of the Committee meeting on June 6, 2008.
Rep. Patten moved that the Committee approve the minutes with an amendment to the motion to approve Final Proposal 2008-26 from the Department of Safety (Various Official Motor Vehicle Inspection Requirement Rules) so that the understanding of the Committee in the motion reads: “with the understanding that the Department had clarified in the meeting the On Board Diagnostic (OBD) System inspection in Saf-C 3222.01 regarding ‘street rods’ and ‘replicas’.”
Rep. MacKay seconded.
Adopted.
Rep. DeJoie arrived as the motion was made but did not vote. After the vote Rep. Pilotte appointed Rep. DeJoie as an alternate for Sen. Fuller Clark, who was absent.
3. The Committee discussed the following final
proposals and proposed interim rule from the agencies indicated (Consent Agenda
– Final Proposals and Proposed Interim Rules):
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FP 2007-206 |
POLICE STANDARDS AND TRAINING COUNCIL Organizational Rule Revisions |
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FP 2007-207 |
POLICE STANDARDS AND TRAINING COUNCIL Rules
of Practice and Procedure Readoption and Revision |
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FP
2007-208 |
POLICE
STANDARDS AND TRAINING COUNCIL Application
and Qualifications, Continued Status, Ethical Standards and
Training Approval |
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FP 2008-16 |
ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE Governor's Commission on Disability Definitions |
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FP 2008-17 |
ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE Governor's
Commission on Disability Code
for Barrier-Free Design |
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FP 2008-22 |
N.H.
RETIREMENT SYSTEM Contribution
Remittance Reports |
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FP 2008-44 |
N.H. RETIREMENT SYSTEM Public Request for Information/Manner of
Making Requests |
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FP 2008-46 |
PERSONNEL APPEALS BOARD Organizational Rule Amendments |
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FP 2008-47 |
PERSONNEL APPEALS BOARD Request for Explanation of Rules as Adopted |
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FP 2008-57 |
DEPARTMENT
OF HEALTH AND HUMAN SERVICES Former
Division of Human Services Financial
Assistance to Needy Families Standard of Need |
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INT 2008-17 |
BANKING
DEPARTMENT Collateralization
of Public Deposits |
Rep. Patten moved that the Committee approve the final proposals and proposed interim rule.
Rep. Powers seconded.
Adopted.
4. The Committee discussed whether to postpone action on certain items to another meeting.
Rep. Casey arrived during the discussion of this item. Rep. Pilotte appointed Rep. Casey as an alternate for Sen. Cilley, who was absent.
Rep. Patten moved that the Committee postpone action on the following items to the continued Committee meeting on June 27, 2008:
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16. FP 2007-221 |
BOARD
OF EDUCATION Modern
Language, (JLCAR
Deadline July 7, 2008) |
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17. DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD |
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(a) FP 2008-37 |
Nursery and Nursery Stock (JLCAR
Deadline July 14, 2008.) |
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(b)
FP 2008-38 |
Invasive Species (JLCAR
Deadline July 14, 2008.) |
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18. FP 2008-40 |
PHARMACY
BOARD Mail-Order
Pharmacies (JLCAR Deadline
July 21, 2008.) |
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19. FP 2008-61 |
DEPARTMENT
OF LABOR Managed
Care Rules (JLCAR
Deadline July 21, 2008.) |
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20. Discussion
on amendments to Committee rules regarding reconsideration. (Formerly item #19 on 5-16-08 agenda.) |
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OTHER BUSINESS |
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21. Other |
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Rep. Millham seconded.
Adopted.
5. The
Committee discussed Proposed Interim Rule INT 2008-19 from the Department of
Health and Human Services (Commissioner,
Rep. DeJoie moved that the Committee approve Proposed Interim Rule INT 2008-19.
Rep. Patten seconded.
Adopted.
Sen. Downing arrived at the meeting at this time.
6. The Committee discussed Proposed Interim Rule INT 2008-16 from the Department of Resources and Economic Development (Rules for the Grant-In-Aid Program). Leanne Lavoie and Brenda Drouin testified for the Department.
Rep. Eric G. Stohl also testified.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-16 with the strong suggestion that the Department act to adopt regular rules expeditiously to address the Grant-in-Aid Program.
Rep. MacKay seconded.
Adopted.
7. The Committee discussed Proposed Interim Rule INT 2008-18 from the Real Estate Commission (Practice and Procedural Rules, Licensing Requirements, Continued Status, Ethical Standards, and Conduct of Licensees.) Beth Edes testified for the Commission.
Rep. Casey moved that the Committee approve Proposed Interim Rule INT 2008-18.
Rep. Boyce seconded.
Adopted.
8. The Committee discussed Final Proposal 2008-48 from the Personnel Appeals Board (Procedural Rules). Thomas Kehr from the Department of Administrative Services, and Mary Ann Steele from the Division of Personnel in the Department, testified for the Board.
Rep. Millham left the meeting during the discussion of this item.
The Board had submitted a request for conditional approval with an amended rule dated June 20, 2008.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-48 as requested.
Sen. Downing seconded.
Adopted.
9. The Committee discussed Proposed Interim Rule INT 2008-21 from the Department of Environmental Services (Water Quality and Quantity Programs, Shoreland Protection Amendments). Gretchen Hamel and Rene Pelletier testified for the Department.
Gina Rotondi of Rath and Young, representing the N.H. Shorefront Association, also testified.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-21.
Rep. Casey seconded.
Adopted.
10. The Committee discussed Proposed Interim Rule INT 2008-20 from the Wetlands Council (Wetlands Council Rule Amendments). Gretchen Hamel of the Department of Environmental Services and Larry Morse, Council Member, testified for the Council.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-20.
Sen. Downing seconded.
Adopted.
11. After a break, with Reps. Pilotte, Patten, MacKay, Powers, and Casey, and Sen. Downing present, the Committee discussed Proposed Interim Rule INT 2008-15 from the Department of Health & Human Services (Former Division of Public Health Services, Milk Producers, Milk Plants, Producer/Distributors, and Distributors). Dawn Landry and Leah Keller testified for the Department.
Rep. Boyce returned to the meeting as the discussion on this item began.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2008-15.
Sen. Downing seconded.
Adopted.
12. The
Committee discussed Final Proposal 2008-42 from the Department of Health and
Human Services (Former Division of Mental Health and Developmental Services,
Admission to and Discharge from
Rep. MacKay moved that the Committee approve Final Proposal 2008-42.
Rep. Casey seconded.
Adopted.
13. The Committee discussed Final Proposal 2008-51 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Transfers Between Receiving Facilities). Raymond Perry testified for the Department.
Rep. Casey moved that the Committee approve Final Proposal 2008-51.
Sen. Downing seconded.
Adopted.
Sen. Downing left the meeting at this time.
14. The Committee discussed Final Proposal 2007-220 from the Liquor Commission (License Information Requirements). Eddie Edwards testified for the Commission.
Sen. Downing returned to the meeting during the discussion of this item but left before the motion was made.
Rep. Patten moved that the Committee make a preliminary objection to Final Proposal 2007-220 on the grounds as outlined in Committee staff annotations and send a transcript of the Committee’s discussion and the proposed rule to the appropriate policy committee chairs of the House and Senate asking for their input.
Rep. Boyce seconded.
Adopted.
15. The Committee Final Proposal 2008-18 from the Liquor Commission (Licensee Credit and Billing Procedures). Craig Bulkley and Cassandra Denoncourt testified for the Commission.
Rep. Patten moved that the Committee approve Final Proposal 2008-18.
Rep. Casey seconded.
Adopted.
16. The Committee discussed Final Proposal 2008-65 from the Pari-Mutuel Commission (Harness and Greyhound Racing License Fees). Sheri Eldridge testified for the Commission.
The Commission had requested a conditional approval in an amended request with an amended rule dated June 18, 2008.
Rep. Patten moved that the Committee conditionally approve Final Proposal 2008-65 as requested.
Rep. Powers seconded.
Adopted.
17. Rep. Casey moved that the Committee recess.
Rep. Patten seconded.
Adopted.
The Committee recessed at 12:25 p.m.