JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

Action Minutes

 

SEPTEMBER 3, 2009

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Millham, Boyce*, Kidder*, and Sad*, and Senator Carson.  (*)  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 meeting was convened at 9:04 a.m. by Rep. Pilotte as Vice-Chair.

 

     Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Kidder, and Sad, and Sen. Carson.

 

     Rep. Pilotte appointed Rep. Sad and Rep. Kidder as alternates, respectively, for Rep. Gottling and Sen. Letourneau, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on August 20, 2009.

 

     Rep. Millham moved that the minutes be approved.

 

     Rep. Kidder seconded.

 

     Adopted.

 

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

 

     Rep. Schmidt moved that the Committee postpone action on the following item to the next Committee meeting on September 17, 2009:

 

17. OR 2009-64

BANKING DEPARTMENT

Collateralization of Public Deposits

(JLCAR Deadline October 19, 2009.  Former interim rule expired December 21, 2008.)

 

 

OTHER BUSINESS

 

18. Other

 

 

     Rep. Millham seconded.

 

     Adopted.

 

     Rep. Boyce arrived at this time.  Rep. Pilotte initially appointed Rep. Boyce as an alternate for Sen. Downing but, after discussion, appointed Rep. Boyce as an alternate for Sen. Merrill, who was absent.

 

4.  The Committee discussed Final Proposal 2009-62 from the Board of Tax and Land Appeals (Procedural Rules for Specific Types of Appeals).  Paul Franklin and Anne Stelmach testified for the Board.

 

     Rep. Patten moved that the committee approve Final Proposal 2009-62.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2009-63 from the Board of Tax and Land Appeals (Notice of Tax Date; Rules Governing Exemption Applications to Municipalities; Filing Fees).  Paul Franklin and Anne Stelmach testified for the Board.

 

     Sen. Carson moved that the Committee approve Final Proposal 2009-63.

 

     Rep. Patten seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2009-87 from the Board of Registration in Optometry (Waiver of Rules, Explanation After Adoption of Rules, Application Form, Process and Qualifications for a License as an Optometrist, Fee Schedule, Renewal and Reinstatement Process and Refractive Surgery Post Operative Care).  Tina Kelley represented the Board.

 

     Sen. Carson moved that the Committee approve Final Proposal 2009-87.

 

     Rep. Millham seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2009-17 from the College Tuition Savings Plan Advisory Commission (Practice and Procedures of the College Tuition Savings Plan Advisory Commission).  State Treasurer Catherine Provencher and Deputy State Treasurer Brad Jacobsen testified for the Commission.

 

     Rep. Patten moved that the Committee approved Final Proposal 2009-17.

 

     Rep. Sad seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2009-18 from the College Tuition Savings Plan Advisory Commission (Establishment, Operation and Administrative Rules for the College Tuition Savings Plan Advisory Commission).  State Treasurer Catherine Provencher and Deputy State Treasurer Brad Jacobsen testified for the Commission.

 

     Rep. Patten moved that the Committee approve Final Proposal 2009-18 with the recommendation that the State Treasurer approach the policy committees to clarify RSA 195-H relative to rulemaking issues, such as delegation of rulemaking from the Commission to the Treasurer.

 

     Rep. Boyce seconded.

 

     Adopted.

 

9.  After a break, with Reps. Pilotte, Patten, Schmidt, Millham, and Kidder, and Sen. Carson present, the Committee resumed discussion, from the meeting on August 20, 2009, about Final Proposal 2009-79 from the Public Utilities Commission (Utility Pole Attachments).  Lynn Fabrizio, Kate Bailey, and Commissioner Clifton Below testified for the Commission.

 

     Reps. Sad and Boyce returned to the meeting as the discussion began on this item.

 

     The Commission had earlier requested a conditional approval in a letter and amended rule dated August 18, 2009.

 

     The following persons also testified:

            Paul Phillips, representing the N.H. Telephone Association.

            Paul Sanderson, representing the Local Government Center.

            Susan Olson, representing the N.H. Municipal Association.

            Jeremy Katz, representing segTEL, Inc.

 

     Sarah Davis, representing FairPoint Communnications, registered her opposition to the Final Proposal but did not speak.

 

     Sen. Carson moved that the Committee make a preliminary objection to Final Proposal 2009-79 based on Committee staff comment and public testimony including issues of statutory authority, and including written and oral public testimony submitted for the August 20, 2009 meeting.

 

     Rep. Patten 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. Sad

X

 

Rep. Kidder

X

 

 

 

 

Sen. Carson

X

 

 

 

 

Total

6

1

 

 

 

 

 

 

 

     The vote was 6 “yes” and 1 “no”, with Rep. Pilotte not voting.

 

     The motion was adopted.

 

10.  After a break, with Reps. Pilotte, Patten, Schmidt, Millham, and Kidder present, the Committee discussed Proposed Interim Rule INT 2009-16 from the Fish and Game Department (Periods of Fish and Game License Revocation or Suspension for Various Violations).  Mark Ellingwood represented the Department.

 

      Because a quorum was not yet present, the Committee undertook the next item.

 

11.  The Committee discussed Final Proposal 2009-83 from the Fish and Game Department (Pheasant License Fee Increase, Sporting Club Youth Pheasant Events).  Mark Ellingwood testified for the Department.

 

      The Department had requested a conditional approval in a letter dated August 31, 2009 and amended rule dated August 20, 2009.

 

      Rep. Boyce returned to the meeting during the discussion of this item, and a quorum was now present.

 

      Suzanne Fournier also testified.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-83 based on the request.

 

      Rep. Boyce seconded.

 

      Adopted.

 

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

 

12.  The Committee discussed again Proposed Interim Rule INT 2009-16 from the Fish and Game Department (Periods of Fish and Game License Revocation or Suspension for Various Violations). 

 

      Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2009-16. 

 

      Rep. Millham seconded.

 

      Adopted.

 

13.  The Committee discussed Final Proposal 2009-82 from the Department of Safety (Various Watercraft Safety Rules).  Marta Modigliani testified for the Department.

 

      The Department had requested a conditional approval with an amended rule Saf-C 402.351 dated August 19, 2009.

 

      Alan Moody, representing the Fish and Game Department, also testified.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2009-82 based on the request.

 

      Rep. Millham seconded.

 

      Adopted. 

 

14.  The Committee discussed Final Proposal 2009-86 from the Department of Safety (Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules).  Sheri Kelloway and Jeffrey Cyr testified for the Department.

 

      Rep. Millham moved that the Committee approve Final Proposal 2009-86 with the understanding that the recommendations for legislation in the Committee’s letter of July 20, 2007 will be implemented by the Department as soon as possible.

 

      Rep. Schmidt seconded.

 

      Adopted.

 

15.  The Committee discussed Final Proposal 2008-185 from the Department of Justice (Victims’ Compensation).  Glenn Perlow testified for the Department.

 

      The Department had submitted a request for conditional approval with a letter dated August 26, 2009 and an amended rule dated (incorrectly) as March 6, 2009.

 

      Rep. Patten moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2008-185 based on the request, and highly recommend that the Department bring the issue of rulemaking in RSA 21-M:8-d to the policy committees to determine whether the rape protocols should continue to be subject to rulemaking.

 

      Rep. Boyce seconded.

 

      Adopted.

 

16.  Rep. Patten moved that the Committee postpone action on the following items to the next Committee meeting:

 

     

12. DEPARTMENT OF SAFETY

 

 

(b)  FP 2009-77

Driver Education Rules

(JLCAR Deadline September 21, 2009.)

 

 

17. OR 2009-64

BANKING DEPARTMENT

Collateralization of Public Deposits

(JLCAR Deadline October 19, 2009.  Former interim rule expired December 21, 2008.)

 

      Rep. Kidder seconded.

 

      Adopted.

 

17.  Rep. Patten moved that the Committee adjourn.

 

      Rep. Boyce seconded.

 

      Adopted.

 

      The Committee adjourned at 2:45 p.m.