JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

NOVEMBER 17, 2011

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, Manuse, Sad*, 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 #8.  However, that item was conditionally approved).

 

1.  The meeting was convened at 9:06 a.m. by Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt, and Sad, and Senators Merrill and Groen.

 

     Rep. Patten designated Rep. Sad as an alternate for Rep. McGuire, who was absent.

 

2.  The Committee discussed the minutes of the Committee meeting on November 3, 2011.

 

     Rep. Pilotte moved that the minutes be approved.

 

     Sen. Groen seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals (Consent Agenda – Final Proposals):

 

 

 

FP 2011-76

BOARD OF EDUCATION

General and Professional Education

 

 

FP 2011-84

POLICE STANDARDS AND TRAINING COUNCIL

Rules for Legislative Security Staff

 

 

FP 2011-91

DEPARTMENT OF TRANSPORTATION

Off Premise Outdoor Advertising

 

 

FP 2011-106

DEPARTMENT OF TRANSPORTATION

Aircraft, Commercial Aviation Operator, and Aircraft Dealer Registration

 

 

FP 2011-119

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Developmental Services

Respite Services

 

 

FP 2011-121

FISH AND GAME DEPARTMENT

Shot Size for Taking Turkey and Readoption of Miscellaneous Wildlife Rules

 

 

 

 

FP 2011-122

DEPARTMENT OF ENVIRONMENTAL SERVICES

Division of Waste Management

Applicability of Stage II Vapor Recovery Requirements

 

 

FP 2011-125*

PHARMACY BOARD

Minimum Standard of Technical Equipment and Stock

*  The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

FP 2011-126*

PHARMACY BOARD

Records and Reports

*  The only substantive issue with this final proposal is that the agency continued to operate under expired rules as noted in the fiscal impact statement.

 

 

FP 2011-130

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Independent Coverage Review

 

 

 

     Rep. Winter arrived as the discussion began on this item.

 

     Rep. Schmidt moved that the Committee approve the Final Proposals except for Final Proposal 2011-122 and Final Proposal 2011-125.

 

     Sen. Merrill seconded.

 

     Adopted.

 

     Rep. Patten appointed Rep. Winter as an alternate for Sen. Lambert, who was absent.

 

4.  The Committee discussed Final Proposal 2011-122 from the Department of Environmental Services (Division of Waste Management, Applicability of Stage II Vapor Recovery Requirements).

 

     Rep. Pilotte moved that the Committee approve Final Proposal 2011-122.

 

     Sen. Merrill seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2011-125 from the Pharmacy Board (Minimum Standard of Technical Equipment and Stock).

 

     Rep. Pilotte moved that the Committee conditionally approve Final Proposal 2011-125 on the condition that the words “on” and “or” be deleted from Ph 702.07(b).

 

     Rep. Schmidt seconded.

 

     Adopted.

 

6.  The Committee discussed whether to postpone action on certain items to another Committee meeting.

 

     Rep Schmidt moved that the Committee postpone action on the following items to the continued meeting on December 1, 2011:

 

 

 

11. OR 2011-41*

PHARMACY BOARD

Unused Prescription Drug Program Rules

(JLCAR Deadline January 24, 2012.)

*Response not yet filed.

 

 

13. OR 2011-93*

DEPARTMENT OF SAFETY

State Fire Code Rules

(JLCAR Deadline January 10, 2012.)
*Response not yet filed.

 

 

14. OR 2011-71*

ASSESSING STANDARDS BOARD

Certification of Assessors

(JLCAR Deadline January 10, 2012.)

*Response not yet filed.

 

 

OTHER BUSINESS

15. Other

 

 

     Rep. Winter seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2011-59 from the Department of Labor (Workers Compensation Claims Procedures and Managed Care Injury Management Facilitator Requirements).  Martin Jenkins testified for the Department.

 

     Mr. Jenkins had submitted a conditional approval request in an amended rule dated November 16, 2011.

 

     Rep. Manuse arrived during the discussion of this item, and Sen. Groen left.

 

     Sen. Merrill moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-59 based on the request.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

**8. The Committee discussed Final Proposal 2011-88 from the Board of Education (Minimum Standards for Public School Approval).  Edward Murdough of the Department of Education testified for the Board.

 

        Mr. Murdough submitted a conditional approval request in an amended rule.

 

        Sen. Groen returned to the meeting during the discussion of this item, and Sen. Carson arrived.  Rep. Patten designated Sen. Carson as an alternate for Sen. White, who was absent. 

 

        Rep. Pilotte moved that the Committee: (a) Accept the conditional approval request, with the following amendments: (1) delete the requested change to Ed 306.07(b)(1) since it had already been made in the Final Proposal, and (2) amend Ed 306.23(d) in the request by inserting the words “online surveys” prior to the word “Initiative” and substitute the web address for the surveys in place of the words “online pursuant to RSA 193-E”; and (b) Conditionally approve Final Proposal 2011-88 based on the request, as amended. 

 

        Sen. Merrill seconded.

 

        Adopted.

 

9.     The Committee discussed Final Proposal 2011-85 from the Police Standards and Training Council (Firearms Instructor Qualifications).

 

        Rep. Schmidt moved that the Committee approve Final Proposal 2011-85.

 

        Rep. Sad seconded.

 

        Adopted.

 

10.   After a break, with Reps. Patten, Pilotte, Schmidt, Manuse, Sad, and Winter, and Sens. Carson and Groen present, the Committee discussed Proposed Interim Rule INT 2011-30 from the Department of Health and Human Services (Commissioner, Payments to Non-Public Disproportionate Share Hospitals/Uncompensated Care Fund Reporting).  Lisabritt Solsky and Marilee Nihan testified for the Department.

 

        Sen. Merrill returned to the meeting as the discussion began on this item.

 

        Paula Minnehan, representing the N.H. Hospital Association, also testified.

 

        Sen. Carson moved that the Committee approve Proposed Interim Rule INT 2011-30.

 

        Sen. Groen seconded.

 

        Adopted.

 

11.   The Committee discussed Final Proposal 2011-77 from the Department of Health and Human Services (Former Division of Human Services, Family Planning Expansion Category).  Lisabritt Solsky and Valerie Brown testified for the Department.

 

        Rep. Manuse moved that the Committee make a preliminary objection to Final Proposal 2011-77 on the ground that the rules in the proposal relative to sterilization are beyond the Department’s authority and contrary to legislative intent.

 

        Sen. Groen seconded.

 

        The Committee discussed the matter further, and Sen. Carson left the meeting at this time.

 

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

 

       

 

Yes

No

Rep. Manuse

X

 

Rep. Pilotte

X

 

Rep. Schmidt

 

X

Rep. Sad

 

X

Rep. Winter

 

X

Rep. Patten

 

X

 

 

 

Sen. Groen

X

 

Sen. Merrill

 

X

 

 

 

Totals

3

5

 

        The vote was 3 “yes” and 5 “no”.  The motion was not adopted.

 

        Sen. Merrill moved that the Committee approve Final Proposal 2011-77.

 

        Rep. Sad seconded.

 

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

 

 

Yes

No

Rep. Manuse

 

X

Rep. Pilotte

X

 

Rep. Schmidt

X

 

Rep. Sad

X

 

Rep. Winter

X

 

Rep. Patten

X

 

 

 

 

Sen. Groen

 

X

Sen. Merrill

X

 

 

 

 

Totals

6

2

 

     The vote was 6 “yes” and 2 “no”.  The motion was adopted.

 

12.   The Committee discussed Final Proposal 2011-129 from the Department of Health and Human Services (Former Division of Mental Health and Developmental Services, In-Home Supports).  Kathleen Larney and Lorene Reagan testified for the Department.

 

        Sen. Groen left the meeting during the discussion of this item.

 

        Rep. Manuse moved that the Committee approve Final Proposal 2011-129.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

13.   The Committee discussed the response by the Department of Safety to the Committee’s preliminary objection to Final Proposal 2011-98 (Road Toll Administration Rules).  Sheri Kelloway testified for the Department.

 

        Rep. Pilotte moved that the Committee accept the response and approve the rules.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

14.   The Committee discussed again its vote to conditionally approve Final Proposal 2011-125 of the Pharmacy Board (Minimum Standard of Technical Equipment and Stock).  James Queenan represented the Board. 

 

        Rep. Pilotte moved that the Committee reconsider its vote.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

        Pursuant to Committee rule 302.03(b), all motions available prior to the vote to conditionally approve Final Proposal 2011-125 were now available. 

 

        Rep. Pilotte moved that the Committee conditionally approve Final Proposal 2011-125 on the ground that Ph 702.07(b) be amended to read “An assortment of auxiliary labels or the software to produce them”.

 

        Rep. Schmidt seconded.

 

        Adopted.

 

15.   The Committee discussed a tentative meeting schedule for 2012.

 

        No motions or votes to approve a schedule were taken at this time.  However, it was the consensus of the Committee that March 30, 2012 and June 29, 2012 would be continued meeting dates instead of April 6 and July 5, respectively, and that March 2 would not be a continued meeting date.

 

16.   Rep. Schmidt moved that the Committee recess.

 

        Rep. Sad seconded.

 

        Adopted.

 

        The Committee recessed at 12:20 p.m.