JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 25, 2008
Members Present: Representatives Pilotte, MacKay, and Millham*, and Senators Fuller
Clark, Cilley, DeVries, and Downing.
(*) 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. MacKay and Millham, and Senators Fuller Clark, DeVries, and Downing.
Rep. Pilotte appointed Rep. Millham as an alternate for Rep. Patten, who was absent.
2. The Committee discussed the minutes of the Committee meeting on January 4, 2008.
Rep. MacKay moved that the minutes be approved.
Rep. Millham seconded.
Adopted.
3. The Committee discussed the following final proposals from the agencies indicated (Consent Agenda – Final Proposals):
FP 2007-138 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Air Related Programs Municipal Waste Combustion |
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FP 2007-193 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Institutional Residence for Medical Assistance Categories |
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FP 2007-167 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Marital Mediator Training Programs |
Rep. MacKay moved that the Committee
approve the Final Proposals.
Sen. Fuller Clark seconded.
Adopted.
4. The Committee discussed Final Proposal
2007-186 from the Office of Energy and Planning (Housing and Conservation
Planning Program). Jennifer Czysz
testified for the Office.
Sen. Cilley arrived during the discussion of
this item, and Sen. DeVries left.
Sen. Fuller Clark moved that the Committee
conditionally approve Final Proposal 2007-186 on the conditions that (1) Pln
1007.02 (a)-(j) be amended from five scoring categories, in subparagraphs (1)
through (5), to three categories, in subparagraphs (1) through (3), where the 3
categories would be “full compliance,” “partial compliance”, and
“noncompliance” with the principle established in each paragraph’s
introduction, and (2) Pln 1008.01(c) be amended by deletion of the second
sentence in that paragraph.
Sen. Downing seconded.
Adopted.
5. The Committee discussed Final Proposal
2007-168 from the Department of Environmental Services (Water Quality and
Quantity Programs, Subdivision and Individual Sewage Disposal System Design
Rules). Gretchen Hamel and James Falicon
testified for the Department.
The Department had requested a conditional
approval in a letter and attached rule amendments dated January 23, 2008.
Sen. Fuller Clark moved that the Committee
conditionally approve Final Proposal 2007-168 as requested, but with the change
that Env-Wq 1014.02 be amended to replace “shall be” with “is” in paragraphs
(a) and (b).
Sen. Downing seconded.
Adopted.
6. The Committee discussed the request of
January 22, 2008 by the Department of Labor to the Director of the Office of
Legislative Services that she accept as an editorial change to adopted rule Lab
404.01(h) (Document #9019, effective 11-1-07) the insertion of the words “but
is then reinstated”, with a related correction to a cross-reference, as noted
in the request.
Sen. Fuller Clark moved that the Committee
recommend to the Director that she accept as an editorial change the amendments
to Lab 404.01(h) as requested.
Rep. MacKay seconded.
Adopted.
7. The Committee discussed Final Proposal
2007-118 from the Department of Safety (Emergency Communications Rules). Marta Modigliani and Michael Geary testified
for the Department.
Sen. DeVries returned to the meeting
during the discussion of this item, but was not present when the motion and
second were made and the vote below was taken.
The following persons also testified:
Maura Weston, representing A.T.
& T.
Teresa Rosenberger, representing
Sprint.
Sen. Fuller Clark moved that the Committee
conditionally approve Final Proposal 2007-118 on the condition that the
following changes be made: (1) Deletion
of Saf-C 7007.08(e); (2) Changing “2008” to “2010” in Saf-C 7008.02(a); and (3)
Inserting “according to guidelines set forth by the FCC and wireless cost
recovery requirements” after the word “reasonable” in Saf-C 7008.03(b)(2); with
the recommendation that the agency seek statutory authority for different
surcharge rates, rather than a single surcharge rate, prior to establishing
different rates.
Sen. Cilley seconded.
Adopted.
8. After a break, with Reps. Pilotte, MacKay,
and Millham, and Sens. Fuller Clark, DeVries, and Downing present, the
Committee discussed postponement of certain items to the next Committee
meeting.
It was the consensus of the Committee that
the following items be postponed to the next meeting:
10. DEPARTMENT OF HEALTH AND HUMAN SERVICES |
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(b) FP 2007-182 |
Former Division of Public Health Services Assisted Living Residences-Residential Care
Licensing (JLCAR
Deadline February 18, 2008.) |
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(c) FP 2007-196 |
Former Division of Human Services Expiring Rules Related to Good Cause
Reasons for Failing to Comply with Child Support and NHEP Requirements, and
Eligibility for Assistance Following Interstate Migration (JLCAR
Deadline February 18, 2008.) |
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(d) FP 2007-197 |
Division of Elderly and Adult Services Targeted Case Management (JLCAR
Deadline February 18, 2008.) |
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11. FP 2007-166 |
BOARD OF MARITAL MEDIATOR CERTIFICATION Fees (JLCAR
Deadline February 25, 2008.) (Item
added to the agenda pursuant to RSA 541-A:12, I due to the postponement of
the regularly scheduled meeting from January 18 to January 25.) |
9. The Committee discussed Final Proposal 2007-124
from the Department of Safety (Bungee Jumping Rules). Marta Modigliani and David Barrett testified
for the Department.
Sen. Cilley returned to the meeting during
the discussion of this item.
Sen. Fuller Clark moved that the Committee
approve Final Proposal 2007-124.
Rep. Millham seconded.
Adopted.
10. The Committee discussed Final Proposal
2007-131 from the Health Services Planning and Review Board (Long Term Acute
Care Hospital (LTACH) Services). Cynthia
Carrier, from the Office of Health Services Planning and Review of the
Department of Health and Human Services, testified for the Board.
Cynthia Carrier had submitted a request
for conditional approval, on behalf of the Board, in a letter and attached,
amended rule dated January 15, 2008.
Sen. Fuller Clark moved that the Committee
conditionally approve Final Proposal 2007-131 as requested.
Sen. DeVries seconded.
Adopted.
11. The Committee discussed the response of the
Department of Health and Human Services to the Committee’s preliminary
objection to Final Proposal 2007-175 (Former Office of Alcohol and Drug Abuse
Prevention, Phase II Programs).
Lisabritt Solsky, James Shanelaris, and Michael Holt testified for the
Department.
Sen. Downing left the meeting during the
discussion of this item.
Rep. MacKay moved that the Committee accept
the response and approve the rules.
Sen. Fuller Clark seconded.
Adopted.
Rep. Pilotte noted for the record that Sen. DeVries voted “no”.
12. The Committee discussed the next Committee meeting
date.
By consensus the next meeting date was the
regularly scheduled date of February 15, 2008, not the continued meeting date
of February 1.
13. Sen Fuller Clark moved that the Committee
adjourn to February 15.
Rep. Millham seconded.
Adopted.
The Committee adjourned at 12:24 p.m.