Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

AUGUST 3, 2006

 

 

Members Present:   Representatives Patten, Allan, Wall, Millham, Pilotte*, and Dokmo*, and Senators Flanders, Clegg, Clark, and Bragdon*.  (*) 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 9:00 a.m. by Rep. Patten as Vice Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Pilotte, and Dokmo, and Sens. Flanders and Clegg.

 

     Rep. Patten appointed Rep. Pilotte and Rep. Dokmo as alternates, respectively, for Rep. Taylor and Rep. Millham, who were absent.

 

2.  The Committee discussed the minutes of the regular meeting on July 20, 2006.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Sen. Clegg seconded.

 

     Adopted.

 

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

 

     No action to postpone was taken.

 

4.  The Committee discussed Final Proposal 2006-52 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, Rights of Persons Receiving Developmental Services or Acquired Brain Disorder Services in the Community).  Maralyn Doyle and Ken Nielsen testified for the agency.

 

     Senator Clark and Senator Bragdon arrived during the discussion of this item.

 

     Sen. Clegg moved that the Committee approve Final Proposal 2006-52.

 

     Sen. Clark seconded.

 

     Adopted.

 

     Rep. Patten appointed Sen. Bragdon as an alternate for Sen. Letourneau, who was absent.

 

5.  The Committee discussed Final Proposal 2006-67 from the Department of Safety (Hazardous Materials Transportation Rules).  Sheri Kelloway and Sgt. John Begin testified for the agency.

 

     Rep. Millham arrived during the discussion of this item.

 

     Since Rep. Millham was now present, Rep. Patten appointed Rep. Dokmo as an alternate for Rep. Wall, who was absent.

 

     Sen. Clegg moved that the Committee approve Final Proposal 2006-67.

 

     Sen. Clark seconded.

 

     Adopted.

 

     Sen. Clegg left after the discussion of this item.

 

6.  The Committee discussed Final Proposal 2006-48 from the Department of Environmental Services (Water Quality and Quantity Programs, New Hampshire Clean Lakes Program (Currently Exotic Aquatic Weed Control)).

 

     Rep. Robert B. Drisko testified.

 

     Rep. Wall arrived during the discussion of this item.

 

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

 

     Gretchen Hamel, Jody Connor, and Amy Smagula then testified for the agency.

 

     Gretchen Hamel had requested, on behalf of the Department, a conditional approval in a letter dated August 2, 2006 and attached rule dated August 1, 2006.

 

     Sen. Clark moved that the Committee conditionally approve Final Proposal 2006-48 as requested.

 

     Rep. Wall seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2006-62 from the Department of Environmental Services (Drinking Water Programs, Drinking Water State Revolving Loan Fund Program).  Gretchen Hamel and Rick Skarinka testified for the agency.

 

     Sen. Clegg returned to the meeting during the discussion of this item.

 

     Gretchen Hamel had requested, on behalf of the Department, a conditional approval in a letter dated August 2, 2006 and attached rule dated August 1, 2006.

 

     Sen. Clark moved that the Committee conditionally approve Final Proposal 2006-62 as requested.

 

     Rep. Wall seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2006-24 (Department of Labor, Elevator Accessibility Lifts Inspection, Licensing and Reporting Procedures).  Cynthia Flynn testified for the agency.

 

     Sen. Clegg moved that the Committee approve Proposed Interim Rule INT 2006-24.

 

     Sen. Flanders seconded.

 

      Adopted.

 

9.  Sen. Flanders moved that the Committee adjourn.

 

     Sen. Bragdon seconded.

 

     Adopted.

 

     The Committee adjourned at 10:30 a.m., effectively postponing consideration of the following item to the regular Committee meeting on August 17, 2006:

 

OTHER BUSINESS

18.    Other

 

 

17.    Remaining Responses to Preliminary Objections made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)