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

 

 

FP 2007-193

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Institutional Residence for Medical Assistance Categories

 

 

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

 

 

(b)  FP 2007-182

Former Division of Public Health Services

Assisted Living Residences-Residential Care Licensing

(JLCAR Deadline February 18, 2008.)

 

 

(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.)

 

 

(d)  FP 2007-197

Division of Elderly and Adult Services

Targeted Case Management

(JLCAR Deadline February 18, 2008.)

 

 

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.