JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

OCTOBER 6, 2011

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and Senators Merrill, Groen, and Carson*.  (*)  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 #5, which received a preliminary objection, but the issue of Part 1, Article 28-a was not one of the bases for the objection.)

 

1.  The meeting was convened at 9:00 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt, Kidder, Sad, Tremblay, and Winter, and Sens. Merrill, Groen, and Carson.

 

     Rep. McGuire arrived shortly after the Committee convened.

 

     Rep. Patten designated Rep. Kidder, Sen. Carson, Rep. Sad, and Rep. Winter as alternates, respectively, for Rep. Manuse, Sen. White, Sen. Kelly, and Sen. Lambert, who were absent.  Rep. Tremblay was therefore not a voting member.

 

     Rep. Manuse then arrived in the meeting, and therefore Rep. Kidder was no longer a voting member.

 

2.  The Committee discussed the minutes of the Committee meeting on September 15, 2011.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Rep. Winter seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone items to another meeting.

 

     No action to postpone was taken.

 

4.  The Committee discussed Final Proposal 2011-92 from the Department of Safety (Authority to Cite Fire Safety Violator Rules).  Sheri Kelloway and State Fire Marshall William Degnan testified for the Department.

 

     Rep. Schmidt moved that the Committee conditionally approve Final Proposal 2011-92 on the grounds that Saf-C 1102.02(a) be amended to replace the words “pursuant to” with the words “and shall grant authority if the applicant complies with the provisions of.”

 

     Sen. Merrill seconded.

 

     Adopted.

 

**5. The Committee discussed Final Proposal 2011-93 from the Department of Safety (State Fire Code Rules).  Sheri Kelloway and State Fire Marshal William Degnan testified for the Department.

 

        Rep. Patten noted that the Committee had received a letter dated October 6, 2011 from B.J. Branch of Backus, Meyer, and Branch, representing the Deerfield Fair Association.

 

        Rep. Manuse moved that the Committee make a preliminary objection to Final Proposal 2011-93 on the grounds that the rules violated the public interest.

 

        Rep. McGuire seconded.

 

        The following persons then testified:

            Harriet E. Cady, representing the Deerfield Fair Association.

            Rep. James Belanger.

 

        Rep. Manuse amended his motion to include that the rules were also contrary to the public interest by not being capable of uniform application and leading to oral rulemaking.

 

        Rep. McGuire amended her second.

 

        After further discussion, Rep. Patten restated Rep. Manuse’s motion that the Committee make a preliminary objection to Final Proposal 2011-93 on the grounds that the rules were contrary to the public interest under Committee Rules 403.01(d) [not being drafted in clear and understandable language], and 403.02(b)(3) [not being capable of uniform enforcement], contrary to legislative intent under Committee Rule 402.02(b)(2) [allowing for oral rulemaking], and had a substantial economic impact not recognized in the fiscal impact statement under Committee Rule 404.01(a), with a request for clarification, in a detailed breakdown, of the differences between the documents proposed to be incorporated by reference and the existing versions.

 

        Rep. McGuire confirmed her second.

 

        After a break, with Reps. Patten, Pilotte, McGuire, Manuse, Kidder, Sad, and Winter, and Sens. Merrill, Groen, and Carson present, the Committee resumed discussion.

 

        Rep. Patten designated Rep. Kidder as an alternate for Rep. Schmidt, who was now absent.

 

        A roll call vote was taken.  The vote was as follows:

 

       

 

Yes

No

 

 

 

Rep. Winter

X

 

Rep. Sad

 

X

Rep. Kidder

X

 

Rep. Manuse

X

 

Rep. McGuire

X

 

Rep. Pilotte

X

 

Rep. Patten

X

 

 

 

 

Sen. Merrill

X

 

Sen. Groen

X

 

Sen. Carson

X

 

 

 

 

Totals

9

1

 

     The vote was 9 “yes” and 1 “no”.  The motion was adopted. 

 

6.  The Committee discussed the following items from the Insurance Department:

 

 

 

FP 2011-75

Antifraud Plan Standards

(JLCAR Deadline October 13, 2011.)

 

 

OR 2011-42

Coverage for Individuals Under the Age of 19

(JLCAR Deadline November 22, 2011.)

 

     It was the consensus of the Committee to request a waiver from the Acting Director of the Office of Legislative Services from the October 13, 2011 deadline to act on Final Proposal 2011-75.

 

     Rep. Pilotte moved that the Committee postpone action on Final Proposal 2011-75 and Objection Response 2011-42 to the next Committee meeting on October 20, 2011.

 

     Rep. Sad seconded.

 

     Adopted.

 

     Rep. Manuse, Rep. Winter, and Rep. McGuire left the meeting at this time.

 

7.  The Committee discussed Final Proposal 2011-71 from the Assessing Standards Board (Certification of Assessors).

 

     Rep. Patten recused herself as Committee Chair in order to testify as the Board Chair.  Sen. Merrill as Committee Vice-Chair became Acting Chair of the Committee for discussion of this item.  Stephan Hamilton also testified for the Board.

 

     Sen. Groen moved that the Committee make a preliminary objection to Final Proposal 2011-71 based on Committee staff’s annotations.

 

     Sen. Carson seconded.

 

     Adopted.

 

     Sen. Groen left the meeting at this time.

 

8.  The Committee discussed the response by the Department of Agriculture to the Committee’s preliminary objection to Proposed Interim Rule INT 2011-20 (Certification Seal Rules).  Commissioner Lorraine Merrill and Karen Soper testified for the Department.

 

     Sen. Carson moved that the Committee accept the response and approve the rules.

 

     Rep. Kidder seconded.

 

     Adopted.

 

9.  The Committee adjourned by consensus at 11:48 a.m., thereby postponing consideration of the following item to the Committee meeting on October 20, 2011:

 

 

 

OTHER BUSINESS

17. Other