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 |
|
|
|
|
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 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.) |
|
|
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.