REGULAR MEETING
TENTATIVE AGENDA

AUGUST 19, 2004 - 9:00 a.m.
ROOMS 306/308 - LEGISLATIVE OFFICE BUILDING

Senate Members of JLCAR

House Members of JLCAR

Clifton C. Below, Vice-Chair

Betsey L. Patten, Chair

Iris W. Estabrook

Michael O'Neil

Robert B. Flanders

Robert S. Mercer

Theodore L. Gatsas

Kathleen N. Taylor

Sylvia B. Larsen

Janet G. Wall

Lou D'Allesandro (Alt.)

MaryAnn N. Blanchard (Alt.)

Robert K. Boyce (Alt.)

Larry A. Emerton, Sr. (Alt.)

Burton J. Cohen (Alt.)

Elbert I. Bicknell (Alt.)

Andre Martel (Alt.)

Dennis P. Vachon (Alt.)

Jane O'Hearn (Alt.)

Nelson S. Allan (Alt.)

The times and order specified for the agenda and items listed below are only tentative. The Committee may change the order or may change the amount of time allotted for such items.

1. 9:00 am        Convene and Review Minutes

9. 12:45 pm      FP 2004-77 Ins

Consent Agenda

10. 1:00 pm      LUNCH BREAK

2. 9:05 am        Final Proposals

11. 2:00 pm      FP's 2004-30, 87 & 95 Saf-C

3. 9:10 am        Objection Responses

12. 3:00 pm      Disc. on HB 230

4. 9:15 am        Preliminary Objections

13. 3:45 pm      OR's from 7-14-04 Meeting

 

 

Regular Agenda

Other Business

5. 9:20 am        Postpone Items

14. 4:00 pm      Other

6. 9:25 am        OR's 2004-36 & 38 & FP 2004-53 He-W, FP 2004-83 He-C, INT 2004-18 He-M, OR 2003-170 He-W

 

 

7. 11:00 am      FP 2004-34 Ch

 

8. 11:45 am      FP's 2004-6 Env-Ws, 2004-26 Wt, FP 2004-60 Env-Wm

 

FP - Final Proposal
OR - Preliminary Objection Response
ROR - Revised Objection Response
ER - Emergency Rule
INT - Interim Rule


1.         Convene and Review Minutes

JLCAR Deadlines Noted Below:

For OR's and ROR's:

Deadline is for sponsoring a joint resolution.

For FP's:

Deadline is for approval, conditional approval, or preliminary objection. Otherwise, rule is automatically approved.

For INT's:

Deadline is for approval or conditional approval.
Otherwise, agency cannot adopt the interim rule.

 

CONSENT AGENDA

2.         Committee Approval of Final Proposals and Proposed Interim Rules:

(a) FP 2004-32
Approved

BOARD OF CHIROPRACTIC EXAMINERS
Practice and Procedures
(JLCAR Deadline September 6, 2004)

 

 

(b) FP 2004-33
Approved

BOARD OF CHIROPRACTIC EXAMINERS
Investigations and Explanation of Adopted Rules
(JLCAR Deadline September 6, 2004)

 

 

(c) FP 2004-61
Approved

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS
Organizational Rules
(JLCAR Deadline September 6, 2004)

 

 

(d) FP 2004-62
Approved

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS
Procedural Rules
(JLCAR Deadline September 6, 2004)

 

 

(e) FP 2004-63
Approved

GOVERNING BOARD OF RESPIRATORY CARE PRACTITIONERS
Procedures for the Receipt of Misconduct Complaints and the Conduct of Disciplinary Hearings; Settlements; Explanation of Adopted Rules & Voluntary Surrender of License
(JLCAR Deadline September 6, 2004)

 

 

(f) FP 2004-70
Postponed to September 1st Continued Meeting

LOTTERY COMMISSION
Rules of Carryover Coverall Bingo Games
(JLCAR Deadline September 20, 2004)

 

 

(g) FP 2004-72
Approved

DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD
Livestock Dealer Licensing
(JLCAR Deadline August 20, 2004)

 

 

(h) FP 2004-84
Approved

DEPARTMENT OF EMPLOYMENT SECURITY
Mailing Address
(JLCAR Deadline September 20, 2004)

 

 

(i) FP 2004-85
Approved

DEPARTMENT OF EMPLOYMENT SECURITY
Time and Place for Filing Continued Claims
(JLCAR Deadline September 20, 2004)

 

 

(j) FP 2004-86
Approved

DEPARTMENT OF EMPLOYMENT SECURITY
Bi-Weekly Filing and Voluntary Leaving of Incidental Employment
(JLCAR Deadline September 20, 2004)

 

 

(k) FP 2004-88
Approved

DEPARTMENT OF SAFETY
Oil Discharge and Pollution Control Report Form
(JLCAR Deadline August 26, 2004)

 

 

(l) FP 2004-89
Approved

DEPARTMENT OF SAFETY
Automobile Oil Fee Fund
(JLCAR Deadline August 26, 2004)

 

 

(m) FP 2004-92
Approved

FIRE STANDARDS AND TRAINING COMMISSION
Physical Ability Tests Requirements
(JLCAR Deadline September 10, 2004)

 

 

(n) FP 2004-97
Postponed to September 1st Continued Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services
Provision of New Hampshire Employment Program Services to Temporary Assistance to Needy Families Recipients
(JLCAR Deadline September 13, 2004)

 

 

(o) INT 2004-19
Approved

FISH AND GAME DEPARTMENT
Fish and Game Guides
(JLCAR Deadline October 14, 2004)

 

 

(p) INT 2004-20
Approved

DEPARTMENT OF SAFETY
Various Interim Carnival Amusement Ride Rules
(JLCAR Deadline November 4, 2004)

 

 

(q) INT 2004-21
Postponed to September 20th Regular Meeting

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services
Home Care for Children with Severe Disabilities
(JLCAR Deadline November 4, 2004)

 

 

Note: The following final proposal would have been a consent item but was automatically approved after August 16, 2004 due to absense of Committee action within 45 days of filing. It was filed on July 2, 2004, two days after the deadline for the July 14, 2004 meeting.

FP 2004-69
Automatically Approved

LOTTERY COMMISSION
Rules of New Hampshire Powerball
(JLCAR Deadline August 16, 2004)

3.         Committee Acceptance of Agency Responses to Objections

(Selected items)

 

4.         Committee Issuance of Preliminary or Revised Objections to Final Proposals:

(Selected items)

REGULAR AGENDA

5.         Consider postponing action on certain items to another meeting.

6.         DEPARTMENT OF HEALTH & HUMAN SERVICES

(a) OR 2004-38
Final Objection
Vote to Sponsor Joint Resolution Postponed to September 1st Continued Meeting

Former Division of Human Services
Expanded Health Care Coverage for Certain Low-Income Children
(JLCAR Deadline September 7, 2004)
(Formerly Item 4(e) on 8-5-04 agenda. This item was tabled on 8-5-04 and must be taken off the table to be considered.)

 

 

(b) OR 2004-36
Tabled until September 1st Continued Meeting

Former Division of Human Services
Outpatient Hospital Emergency Department Co-payments
(JLCAR Deadline September 7, 2004)
(Formerly Item 19(a) on 7-14-04 agenda and Item 4(d) on 8-5-04 agenda.
This item was tabled on 8-5-04 and must be taken off the table to be considered.)

 

 

(c) FP 2004-53
Objection

Former Division of Human Services
Universal Engagement
(JLCAR Deadline September 17, 2004)

 

 

(d) FP 2004-83
Objection

Commissioner
Rights Protection and Appeal Procedures - He-C and He-M
(JLCAR Deadline September 20, 2004)

 

 

(e) INT 2004-18
Approved

Former Division of Mental Health and Developmental Services
Day Habilitation
(JLCAR Deadline October 7, 2004)

 

 

(f) OR 2003-170
Postponed to September 20th Regular Meeting

Former Division of Human Services
Nursing Facility Enforcement Remedies
(JLCAR Deadline September 21, 2004)

 

7.         FP 2004-34     BOARD OF CHIROPRACTIC EXAMINERS

 Conditional Approval

Licensing Requirements
(JLCAR Deadline September 6, 2004)

 

8.         DEPARTMENT OF ENVIRONMENTAL SERVICES

(a) FP 2004-6
Objection

Division of Water
Standards for Management of Mercury-Containing Amalgam
(JLCAR Deadline August 30, 2004)

 

 

(b) FP 2004-26
Approved

Division of Water
Wetlands Bureau
Wetland Application Fee Rule
(JLCAR Deadline September 10, 2004)

 

 

(c) FP 2004-60
Conditional Approval

Division of Waste Management
Stage I/II Vapor Recovery
(JLCAR Deadline September 13, 2004)

9.         FP 2004-77 Approved

INSURANCE DEPARTMENT
Valuation of Life Insurance Policies
(JLCAR Deadline September 20, 2004)

10.       LUNCH BREAK

11.       DEPARTMENT OF SAFETY

(a) FP 2004-30
Postponed to September 20th Regular Meeting

Various Criminal Record Check Rules
(JLCAR Deadline September 20, 2004)

 

 

(b) FP 2004-87
Postponed to September 20th Regular Meeting

Watercraft Safety Rules
(JLCAR Deadline September 20, 2004)

 

 

(c) FP 2004-95
Postponed to September 20th Regular Meeting

State Fire Code
(JLCAR Deadline September 20, 2004)

12.       Discussion on HB 230. Postponed to September 20th Regular Meeting
            (Formerly Item 14 on 6-18-04 agenda, Item 18 on 7-14-04 agenda, and Item 8 on 8-5-04 agenda)

 

13.       Remaining Responses to Preliminary Objections Made in July 14, 2004 Meeting But Not Yet Received by Committee Staff.

(a) OR 2004-15

BOARD OF EDUCATION
Certification Standards for Education Personnel & Approval of Professional Preparation Programs
(JLCAR Deadline October 19, 2004)

OTHER BUSINESS

14.       Other