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.