JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JANUARY 6, 2012
Members Present: Representatives Patten, Pilotte,
Schmidt, McGuire, Manuse, Tremblay*, and Winter*, and Senator Kelly. (*) Indicates
alternate members.
(**)
Indicates where Part 1, Article 28-a of
the N.H. Constitution was an issue in the Committee’s discussions or decisions
in this meeting. (See Item #4. However, that item was approved).
1. The
meeting was convened at 9:04 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
McGuire, and Tremblay, and Sen. Kelly.
Rep.
Pilotte designated Rep. Tremblay as an alternate for Sen. Groen, who was
absent.
2. The
Committee discussed the minutes of the Committee meeting on December 15, 2011.
Rep.
Pilotte moved that the minutes be approved.
Rep.
Tremblay seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
The
Committee discussed Final Proposal 2011-145 from the Department of Health and
Human Services (Former Division of Human Services, Determination of the
One-Third Reduction in the State Supplement Program (SSP) Grant), whose
deadline for Committee action pursuant to RSA 541-A:13, I was January 17,
2012. Michael Holt represented the
Department.
Rep.
Schmidt moved that the Committee request a waiver of its January 17 deadline
from the Acting Director of the Office of Legislative Services.
Sen.
Kelly seconded.
Adopted.
Sen.
Kelly moved that the Committee postpone action on Final Proposal 2011-145 to
the regular Committee meeting on January 20, 2012.
Rep.
Schmidt seconded.
Adopted.
It
was the consensus of the Committee that its recommendation to the Acting
Director would be that the new deadline on Final Proposal 2011-145 be January 20,
2012.
**4. The
Committee discussed Final Proposal 2011-148 from the Department of Health and
Human Services (Former Division of Human Services, Expiring Rule Related to
Treatment of Personal Property Resources).
Michael Holt represented the Department.
Rep.
Pilotte moved that the Committee approve Final Proposal 2011-148.
Rep.
McGuire seconded.
Adopted.
5. After
a break, with Reps. Patten, Pilotte, Schmidt, McGuire, Winter, and Tremblay,
and Sen. Kelly present, the Committee discussed the response by the Assessing
Standards Board to the Committee’s preliminary objection to Final Proposal
2011-71 (Certification of Assessors).
Rep.
Patten designated Rep. Winter as an alternate for herself, as Rep. Patten then
recused herself as Committee Chair and a voting member in order to testify as
the Chair of the Board.
Rep.
Schmidt moved that Rep. Pilotte be the Acting Chair of the Committee for this
item.
Rep.
Winter seconded.
Adopted.
Stephan
Hamilton, Board member, also testified for the Board along with Rep. Patten.
Rep.
Manuse arrived during the discussion of this item. Rep. Winter subsequently left the meeting.
Rep.
McGuire moved that the Committee accept the response and approve the rules.
Rep.
Tremblay seconded.
Adopted.
6. The Committee discussed the proposed, amended Drafting and Procedure Manual for Administrative Rules, with Rep. Patten again as Committee Chair.
No
action was taken at this time.
7. After a break, with Reps. Patten, Pilotte, Schmidt, Maguire, Manuse, and Tremblay, and Sen. Kelly present, the Committee resumed discussion on the proposed, amended Manual.
The discussion also included review of the Committee staff memo to Rep. Patten dated December 14, 2011 relative to incorporation by reference.
Rep.
Pilotte moved that the text relative to incorporation by reference of online
agency forms, as included on page 113 of the 11-28-11 draft of the Manual,
be deleted.
Rep.
McGuire seconded.
Adopted.
Rep. Pilotte moved that the Committee approve the amended Manual given in the 11-28-11 draft, as modified by amendments dated 1-4-12, which included the change to page 113 as approved by the Committee, and have an effective date of the amended Manual as February 20, 2012.
Rep. McGuire seconded.
Adopted.
It
was the consensus of the Committee that the approval of the amended Manual
did not include changes to the Committee’s own rules in Appendix IV.
8. The
Committee resumed discussion of the Committee staff memo to Rep. Patten dated
December 14, 2011 relative to incorporation by reference.
No
Committee action was taken at this time.
9. Rep.
McGuire moved that the Committee adjourn.
Rep.
Manuse seconded.
Adopted.
The
Committee adjourned at 11:54 a.m.