JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

Action Minutes

JUNE 29, 2007

Members Present: Representatives Pilotte, Patten, MacKay, Schmidt, Millham*, and Powers*, and Senators DeVries and Kenney. (*) 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 9:06 a.m. by Rep. Pilotte as Chair.

Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, and Powers, and Sen. DeVries.

Rep. Pilotte appointed Rep. Millham and Rep. Powers as alternates, respectively, for Rep. MacKay and Rep. Mitchell, who were absent.

2. The Committee discussed the minutes of the Committee meeting on June 15, 2007.

Rep. Millham moved that the minutes be approved.

Rep. Patten seconded.

Adopted.

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

No action to postpone was taken.

4. The Committee discussed Final Proposal 2007-24 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Establishment and Operation of Area Agencies.) Dawn Landry and Matthew Ertas testified for the Department.

Rep. Millham moved that the Committee approve the final proposal.

Sen. DeVries seconded.

Adopted.

5. The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2007-1 (Former Division of Public Health Services, Lead Poisoning Prevention and Control). Michael Holt and Laura Ford testified for the Department.

Rep. Powers moved that the Committee accept the response and approve the rules.

Sen. DeVries seconded.

Adopted.

6. The Committee discussed the response of the Department of Health and Human Services to the Committee’s preliminary objection to Final Proposal 2007-61 (Former Division of Human Services, Service Limits, Co-Payments, and Non-Covered Services). Lisabritt Solsky, Jonathan Gallo, and Michael Holt testified for the Department.

The following persons also testified:

Michelle Winchester, representing the Institute for Health, Law and Ethics

at the Franklin Pierce Law Center.

Dan Koslofsky, representing N.H. Legal Assistance.

Sen. DeVries moved that the Committee make a final objection and vote to sponsor a joint resolution.

Rep. Schmidt seconded.

After further discussion, Sen. DeVries withdrew her motion and Rep. Schmidt withdrew his secoond.

Sen. DeVries moved that the Committee make a final objection to Final Proposal 2007-61 on the grounds that He-W 530.01 (f) was contrary to the public interest pursuant to Committee Rules 403.01 (c) and (d) and He-W 530.07 (e)(9) and (10) were contrary to the public interest pursuant to Committee Rule 403.02 (b)(1)c.

Rep. Schmidt seconded.

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

	YES	NO
Rep. Schmidt	X
Rep. Patten		X
Rep. Millham		X
Rep. Powers	X
Rep. Pilotte	X
Sen. DeVries	X
Total	4	2

The vote was 4 “yes” and 2 “no”. Since a minimum of 6 votes was needed for a final objection pursuant to RSA 541-A:13, V(f), the motion was not adopted.

Rep. Patten then moved that the Committee make a final objection to Final Proposal 2007-61 on the grounds that He-W 530.01 (f) was contrary to the public interest pursuant to Committee Rule 403.01 (c) by using broad language when a more specific requirement was needed and that He-W 530.07 (e)(10) had a substantial economic impact not recognized in the fiscal impact statement pursuant to Committee Rule 404.01 (a)(1) by imposing new requirements that may result in additional costs to the citizens affected, particularly doctors.

Sen. DeVries seconded.

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

	YES	NO
Rep. Schmidt	X
Rep. Patten	X
Rep. Millham	X
Rep. Powers	X
Rep. Pilotte	X
Sen. DeVries	X
Total	6

The vote was 6 “yes” and 0 “no”. The motion was adopted.

After further discussion, Rep. Patten moved that the Committee vote that the final objection was made in lieu of a vote to sponsor a joint resolution.

Sen. DeVries seconded.

Adopted. Rep. Pilotte noted for the record that Rep. Schmidt voted “no”.

7. After a break, with Reps. Pilotte, Patten, Schmidt, Millham and Powers, and Sen. DeVries, present, the Committee discussed Final Proposal 2006-200 from the Guardian ad Litem Board (Non-expiring Procedural Rules). Thomas Kehr from the Department of Administrative Services and Linda Griebsch, Board Chair, testified for the Board.

Rep. Patten moved that the Committee approve Final Proposal 2006-200.

Sen. DeVries seconded.

Adopted.

8. The Committee discussed Final Proposal 2006-201 from the Guardian ad Litem Board (Settlements; Explanation of Adopted Rules; Ethical Standards and Standards of Practice). Thomas Kehr from the Department of Administrative Services and Linda Griebsch, Board Chair, testified for the Board.

Sen. Kenney arrived during the discussion of this item. Rep. Pilotte appointed Sen. Kenney as an alternate for Sen. Letourneau, who was absent.

Sen. DeVries moved that the Committee approve Final Proposal 2006-201.

Sen. Patten seconded.

Adopted.

Rep. Millham left the meeting at this time.

9. The Committee discussed Final Proposal 2006-202 from the Guardian ad Litem Board (Amendments to Certification Requirements and Fees; Renewal of Certification, Sanctions, Continuing Education and Ongoing Requirements). Thomas Kehr of the Department of Administrative Services and Linda Griebsch, Board Chair, testified for the Board.

The Board had submitted a request for conditional approval in rule amendments dated June 15, 2007.

Rep. MacKay arrived during the discussion of this item.

Rep. Patten moved that the Committee conditionally approve Final Proposal 2006-202 as requested.

Sen. DeVries seconded.

Adopted.

10. The Committee discussed Final Proposal 2007-43 from the Insurance Department (Property and Casualty Rate and Supplementary Information Filings). Deborah O’Loughlin testified for the Department. Deborah Stone also represented the Department.

The Department had submitted a conditional approval in a letter and amended rule dated June 29, 2007.

Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-43 as requested.

Sen DeVries seconded.

Adopted.

11. The Committee discussed Final Proposal 2007-35 from the Insurance Department (Producers and Adjusters). Deborah O’Loughlin and Barbara Richardson testified for the Department.

The Department had submitted a request for conditional approval in a letter and amended rule dated June 29, 2007.

Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-35 as requested.

Rep. Patten seconded.

Adopted.

12. The Committee discussed Final Proposal 2007-38 from the Insurance Department (Fiduciary Obligation of Producers). Deborah O’Loughlin and Barbara Richardson represented the Department.

The Department had submitted a request for conditional approval in a letter and amended rule dated June 29, 2007.

Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2007-38 as requested.

Rep. Patten seconded.

Adopted.

13. The Committee discussed Final Proposal 2007-47 from the Fish and Game Department (Wildlife Rules for 2007/2008).

The Department had submitted a request for conditional approval in a letter and amended rule dated June 22, 2007.

Rep. Patten moved that the Committee conditionally approve Final Proposal 2007-47.

Rep. MacKay seconded.

Adopted.

19. Sen. DeVries moved that the Committee adjourn.

Rep. Patten seconded.

Adopted, effectively postponing consideration of the following items on the agenda to the Committee meeting on July 19, 2007.

20. Remaining Responses to Preliminary Objections made in June 1, 2007 Meeting But Not Yet Received by Committee Staff.
(a) OR 2007-19	BOARD OF DIRECTORS, OFFICE OF LICENSED ALLIED HEALTH PROFESSIONALS Fees Charged by the Governing Boards (JLCAR Deadline August 30, 2007.)
(b) OR 2007-29	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Birthing Center Rules (JLCAR Deadline August 30, 2007.)
(c) OR 2007-40	DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and Developmental Services Nursing Facility Preadmission Screening and Annual Resident Review (PASARR) (JLCAR Deadline August 30, 2007.)
OTHER BUSINESS
21. Other