JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 15, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, Millham,
Taylor*, and Kidder*, and Senators Fuller Clark, Cilley, Letourneau, and
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 9:05 a.m. by Rep. Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt, Millham, Taylor, and Kidder, and Sen. Carson.
Rep. Pilotte appointed Rep. Kidder and Rep. Taylor as alternates, respectively, for Sen. Letourneau and Rep. Gottling, who were absent.
2. The Committee discussed the minutes of the Committee meeting on January 8, 2010.
The Committee also discussed the mailing of minutes and sign-up sheets to Committee members.
Rep. Schmidt moved that the minutes be approved.
Rep. Kidder seconded.
Adopted.
3. The Committee discussed the following final
proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2009-168 |
GOVERNING BOARD OF PHYSICAL THERAPISTS Re-taking the National Physical Therapy Examination; The Board's Processing of Requests; Materials to Accompany License Application Form; Supporting Materials |
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FP 2009-190 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services 24-Month Food Stamp Certification Period
for Elderly or Disabled Food Stamp Households |
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FP 2009-192 |
BOARD OF BARBERING, COSMETOLOGY AND ESTHETICS Update to Rules on License Applications, Qualifications, Examinations, Renewals, Inspections, Operational Requirements, and Expiration |
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FP 2009-196 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Standards Applicable to Certain New or Modified Facilities and Sources of Hazardous Air Pollutants |
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FP 2009-197 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Durable Medical Equipment - Disposable
Incontinence Supplies |
Rep. Schmidt moved that the final proposals
be approved.
Rep. Millham seconded.
Adopted.
4. The Committee discussed whether to postpone
action on certain items to another Committee meeting.
Rep. Schmidt moved that the Committee
postpone action on the following items to the continued Committee meeting on
February 5, 2010:
12. Responses
to Preliminary Objections Made in November 19, 2009 Meeting But Not Yet
Received by Committee Staff: |
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(a) OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No JLCAR deadline, because agency's objection
response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF MENTAL HEALTH PRACTICE Licensing Requirements, Ethical and Professional Standards, Investigating Allegations, Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
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13. Response
to Preliminary Objection Made in December 3, 2009 Meeting But Not Yet Received
by Committee
Staff: |
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(a) OR 2009-116 |
INSURANCE DEPARTMENT New Hampshire Long-Term Care Partnership Program (JLCAR Deadline March 10, 2010.) |
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14. Remaining
Responses to Preliminary Objections Made in December 17, 2009 Meeting But Not
Yet Received
by Committee Staff: |
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(a) OR 2009-166 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Public Health Services Walk-In Care Centers (JLCAR Deadline March 23, 2010.) |
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Rep. Taylor seconded.
Adopted.
5. The Committee discussed Final Proposal 2009-97
from the Insurance Department (Practices and Procedures). Chiara Dolcino testified for the Department.
Sen. Letourneau, Sen. Cilley, and Rep.
Gottling arrived during the discussion of this item.
Rep. Pilotte appointed Rep. Kidder as a
alternate for Sen. Fuller Clark, and Rep. Taylor as an alternate for Sen. Merrill,
who were absent.
Attorney Dolcino orally requested a
conditional approval of Final Proposal 2009-97 in order to delete Ins 203.01(d)
and change the word “may” to “shall” in Ins 204.15(b).
Rep. Patten moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2009-97 based on the request.
Rep. Schmidt seconded.
Adopted.
6. The Committee discussed Final Proposal
2009-110 from the Insurance Department (Life Insurance Solicitations). Michael Wilkey and Deborah O’Loughlin
testified for the Department.
Rep. Patten moved that the Committee
conditionally approve Final Proposal 2009-110 on the grounds that: (1) Ins
301.06(l) be deleted, (2) the words “Appendix 1” in Ins 301.05(a) be changed to
“Ins 301.08”, and (3) “Appendix I” containing the “Buyer’s Guide” be numbered
as Ins 301.08, and the lines highlighted by Committee staff be numbered as
paragraphs (a), (b), and (c), to be followed by the verbatim text required in
the Buyer’s Guide.
Rep. Schmidt seconded.
Adopted.
7. The Committee briefly discussed Proposed
Interim Rule INT 2009-25 from the Department of Health and Human Services
(Division of Elderly and Adult Services, Home and Community-Based Care for the Elderly
and Chronically Ill (HCBC-ECI), Homemaker and Personal Care Services).
The Department had withdrawn the proposed
interim rule.
It was the consensus of the Committee to
take no further action.
8. The Committee discussed Final Proposal
2009-170 from the Postsecondary Education Commission (Tuition Repayment for
CART Providers and Sign Language Interpreters).
Judith Knapp testified for the Commission.
Rep. Schmidt moved that the Committee
approve Final Proposal 2009-170.
Sen. Carson seconded.
Adopted.
9. The Committee discussed Final Proposal
2009-171 from the Postsecondary Education Commission (Tuition Repayment for
Large Animal Veterinarians). Judith
Knapp testified for the Commission.
Sen. Carson moved that the Committee
approve Final Proposal 2009-171.
Rep. Patten seconded.
Adopted.
10. The Committee discussed Final Proposal
2009-172 from the Postsecondary Education Commission (Room and Board
Scholarship for Orphans of Police and Firefighters). Judith Knapp testified for the Commission.
Sen. Carson moved that the Committee
approve Final Proposal 2009-172.
Rep. Patten seconded.
Adopted.
11. The Committee discussed adjustments to the
Consent Agenda for future meetings.
Rep. Patten moved that the Consent Agenda
include items, such as Final Proposals 2009-171 and 2009-172, if (1) there is
no other staff comment than a potentially inadequate fiscal impact statement,
(2) the potential inadequacy was due to a decision by the Legislative Budget
Assistant (LBA) not to include information provided by the agency because the
LBA does not normally include it.
Rep. Schmidt seconded.
Adopted.
12. The Committee discussed Final Proposal
2009-163 from the Fish and Game Department (Fish and Game Rules Relative to Off
Highway Recreation Vehicles and Snowmobiles).
Sandra Falicon testified for the Department.
The Department had submitted a conditional
request in an amended rule dated January 15, 2010.
Sen. Fuller Clark arrived during the
discussion of this item. Rep. Kidder was
therefore not a voting member at this time.
It was the consensus of the Committee to
take a break in order for the Department to obtain further information.
13. After the break, with Reps. Pilotte, Patten,
Schmidt, Gottling, and Kidder, and Senators Fuller Clark, Letourneau, and
Carson present, the Committee resumed discussion of Final Proposal
2009-163. Sandra Falicon testified for
the Department.
Rep. Millham, Rep. Taylor, and Sen. Cilley
returned to the meeting during the discussion.
Rep. Kidder was still not a voting member at this time.
Sen. Fuller Clark moved to postpone Final
Proposal 2009-163 to the continued Committee meeting on February 5, 2010.
Rep. Schmidt seconded.
Adopted.
14. The Committee discussed the response of the
Department of Agriculture, Markets and Food to the Committee’s preliminary
objection to Final Proposal 2009-179 (Weights and measures). Commissioner Lorraine Merrill and Richard
Cote testified for the Department.
The following persons also testified:
Thomas J. Rymes, representing Rymes
Heating Oils, Inc.
Floyd Hayes, representing the
Independent Oil Marketers Association of N.H. (IOMA-NH).
Peter Frassica, representing Gaftek,
LLC of Epsom, N.H.
Rick Demmons, representing Gafteck,
LLC of Epsom, N.H.
Rick Belanger, representing
Ponderosa Salvage of
Tim Abbott of Tim’s Calibration
Service of
Sen. Fuller Clark moved that the Committee
approve the rules in the Objection Response.
Rep. Taylor seconded.
A roll call vote was called. The vote was as follows:
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Yes |
No |
Rep. Schmidt |
X |
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Rep. Patten |
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X |
Rep. Gottling |
X |
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Rep. Millham |
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X |
Rep. Taylor |
X |
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Rep. Pilotte |
X |
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Sen. Cilley |
X |
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Sen. Fuller Clark |
X |
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Sen. Letourneau |
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X |
Sen. Carson |
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X |
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Total |
6 |
4 |
The vote was 6 “yes” and 4 “no”. The motion was adopted.
15. Rep. Taylor moved that the Committee recess.
Rep. Schmidt seconded.
Adopted.
The Committee recessed at 12:50 p.m.,
effectively postponing consideration of the following item to the continued
Committee meeting on February 5:
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OTHER BUSINESS |
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15. Other |
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