JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
NOVEMBER 3, 2011
Members Present: Representatives Patten,
Pilotte, Schmidt, McGuire, Manuse, Kidder*, and Winter*, and Senators Merrill
and Groen. (*) Indicates alternate members.
(**)
Part 1, Article 28-a of the N.H.
Constitution was not an issue in the Committee’s discussions or decisions in this
meeting.
1. The
meeting was convened at 9:05 a.m. by Rep. Patten as Chair.
Members
present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt,
McGuire, Kidder, and Winter, and Sens. Merrill and Groen.
Rep.
Patten designated Rep. Kidder and Rep. Winter as alternatives, respectively,
for Sen. Lambert and Sen. White, who were absent.
2. The
Committee discussed the minutes of the Committee meeting on October 20, 2011.
Rep.
McGuire moved that the Committee approve the minutes with the following
amendment to the motion in Item #11 of the minutes to approve Final Proposal
2011-115, so that the motion reads:
Rep. Schmidt moved that the Committee
approve Final Proposal 2011-115 with the recommendation that the Department
seek legislative clarification, through the assistance of the House Executive
Departments and Administration Committee, of (1) the extent to which the
words “business entity” in the definition of “home healthcare provider” in RSA
151:2-b, I may include individuals in the Department’s licensing of home care
service providers, and (2) the statutory authority to provide different
classes of licenses for home care service providers.
Sen.
Groen seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
Committee meeting.
No
action to postpone was taken at this time.
4. The
Committee discussed Final Proposal 2011-89 from the Board of Licensing for
Interpreters for the Deaf and Hard of Hearing (Organization and Practice and
Procedure Rules for the Deaf and Hard of Hearing Interpreters). Sarah Browning of the Department of Education
testified for the Board.
Laurie
Meyer served as a sign language interpreter and Michelle McGirr as a CART
reporter for this item.
The
Board had submitted a conditional approval request with amended rules received
on November 2, 2011.
Rep.
Schmidt moved that the Committee accept the conditional approval request with
the further amendment to Int 209.02(a)(l) by changing “one year” to “3 months”
and conditionally approve Final Proposal 2011-89 based on the request, as
amended.
Sen.
Merrill seconded.
Adopted.
5. The
Committee discussed Final Proposal 2011-90 from the Board of Licensing for
Interpreters for the Deaf and Hard of Hearing (Licensing Rules for the Deaf and
Hard of Hearing Interpreters). Sarah
Browning of the Department of Education testified for the Board.
Laurie
Meyer served as a sign language interpreter and Michelle McGirr as a CART
reporter for this item.
The
Board had submitted a conditional approval request with amended rules received
on November 2, 2011.
Rep.
Pilotte moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2011-90 based on the request.
Rep.
Schmidt seconded.
Adopted.
6. The
Committee discussed the response by the Insurance Department to the Committee’s
revised objection to the preliminary objection response to Final Proposal
2011-42 (Coverage for Individuals Under the Age of 19). Jennifer Patterson testified for the
Department.
Rep.
Schmidt moved that the Committee accept the response and approve the rules.
Rep.
Winter seconded.
Adopted.
7. The
Committee discussed the response by the Insurance Department to the Committee’s
preliminary objection to Final Proposal 2011-75 (Antifraud Plan
Standards). Catherine Bernhard testified
for the Department.
Sen.
Merrill moved that the Committee accept the response and approve the rules.
Rep.
Pilotte seconded.
Adopted.
8. The
Committee discussed Final Proposal 2011-111 from the Department of Revenue
Administration (Interest and Dividends Tax), which had been withdrawn by the
Department.
Related
to this item, the Committee discussed further changes to the Drafting and
Procedure Manual on Administrative Rules to address RSA 541-A:10, I as
amended by HB 211, effective July 30, 2011.
The
Committee directed Committee staff to check further on the role of the policy
committees under RSA 541-A:10, I if the legislature had adjourned or is subject
to the call of the Speaker or Senate President.
No
further action was taken relative to Final Proposal 2011-111.
9. The
Committee discussed Final Proposal 2011-98 from the Department of Safety (Road
Toll Administration Rules). Sheri
Kelloway, Scott Bryer, and Eric Marshall testified for the Department.
Rep.
McGuire moved that the Committee (1) make a preliminary objection to Final
Proposal 2011-98 on the ground that Saf-C 303.04 was contrary to the public
interest by being unclear as stated in the Committee’s discussion, and (2)
recommend that the policy committees look at RSA 260:65-b and RSA 21-P:14, VI
to clarify the intent of the legislature regarding the conflict in these
statutes over the exemption from RSA 541-A for rules on the fuel tax
agreement. The motion was made with the
understanding that the Department would make an editorial change to clarify
Saf-C 309.02(b) relative to motor fuel being refunded.
Rep.
Manuse seconded.
Adopted.
Sen.
Merrill left the meeting at this time.
10. After
a break, with Reps. Patten, Pilotte, McGuire, Manuse, Kidder, and Winter, and
Sen. Groen present, the Committee discussed Final Proposal 2011-99 from the
Department of Safety (Oil Pollution Control Fund Rules). Sheri Kelloway and Scott Bryer testified for
the Department. Timothy Denison of the
Department of Environmental Services also testified for his agency.
Rep.
Schmidt returned to the meeting as the discussion on this item began.
Rep.
McGuire moved that the Committee conditionally approve Final Proposal 2011-99
on the condition that Saf-C 4203.05(b) would be replaced by the following
language: “When a licensee closes
his/her account with the bureau, upon filing the final tax return, all credit due
shall be refunded.”
Rep.
Schmidt seconded.
The
Committee also understood that the Department would make editorial changes to
definitions in Saf-C 4202.05, 4202.06, and 4202.07 by inserting the language of
the statutory definitions cited in the rules.
Adopted.
11. The
Committee discussed Final Proposal 2011-100 from the Department of Safety (Oil
Discharge and Disposal Fund Rules).
Sheri Kelloway and Scott Bryer testified for the Department. Timothy Denison of the Department of Environmental
Services also testified for his agency.
Rep.
McGuire moved that the Committee conditionally approve Final Proposal 2011-100
on the condition that Saf-C 4303.05(e) would be replaced by the following
language: “When a licensee closes his/her
account, upon filing the final tax return, all credit due shall be
refunded.”
Rep.
Winter seconded.
The
Committee also understood that the Department would make editorial changes to
definitions in Saf-C 4302.06, 4302.07, and 4302.08 by inserting the language of
the statutory definitions cited in the rules.
Adopted.
12. The Committee discussed Final Proposal 2011-101 from the Department of Safety (Fuel Oil Discharge Cleanup Fund (FOD) Rules). Sheri Kelloway and Scott Bryer testified for the Department. Timothy Denison of the Department of Environmental Services also represented his agency.
Rep.
Pilotte moved that the Committee approve Final Proposal 2011-101.
Rep.
Schmidt seconded.
It
was also understood by the Committee that the Department would make editorial
changes to the definitions in Saf-C 4402.03, 4402.04, and 4402.05 by inserting
the language of the statutory definitions cited in the rules.
Adopted.
13. The
Committee discussed Final Proposal 2011-102 from the Department of Safety
(Automotive Oil Fee Fund and Motor Oil Discharge Cleanup Fund Rules). Sherri Kelloway and Scott Bryer testified for
the Department of Safety. Timothy
Denison of the Department of Environmental Services also represented his
agency.
Rep.
McGuire moved that the Committee approve Final Proposal 2011-102.
Sen.
Groen seconded.
It
was also understood by the Committee that the Department would make editorial
changes in the definitions Saf-C 4802.03, 4802.04, and 4802.05 by inserting the
language of the statutory definitions in the rules.
Adopted.
14. The
Committee discussed again Final Proposal 2011-98 of the Department of Safety
(Road Toll Administration Rules).
Rep.
Pilotte moved that the Committee reconsider its vote to object to Final
Proposal 2011-98.
Rep.
Schmidt seconded.
Adopted.
Rep.
Pilotte then moved that the Committee make a preliminary objection to Final
Proposal 2011-98 (1) on the same grounds relative to Saf-C 303.04, and the same
recommendation as before, and (2) on the ground that Saf-C 304.04(f) was
contrary to the public interest by being unclear as stated in the Committee’s
discussion, and should be clarified in the same manner as for Saf-C 4203.05(b)
in the conditional approval of Final Proposal 2011-99.
Rep.
Manuse seconded.
Adopted.
15. It
was the consensus of the Committee to postpone action on the following
objection responses because they had not yet been 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 (JLCAR Deadline January 10, 2012.) *Response not yet filed. |
16. The
Committee discussed a request by the Department of Health and Human Services to
file an Initial Proposal for an amendment to He-P 309.05 in the format as
described in the Committee staff memo dated November 2, 2011.
It
was the consensus of the Committee that the Department not file the proposal in
the format requested.
17. The
Committee discussed an amended draft to the Drafting and Procedure Manual
for Administrative Rules and amendments to the Committee’s rules in
Appendix IV of the Manual.
It
was the consensus of the Committee that the amended Manual be on the
agenda of the continued Committee meeting on December 1, 2011 for final
discussion and approval, but that the Committee’s amended rules may be approved
at a later date.
18. Rep.
McGuire moved that the Committee adjourn.
Rep.
Schmidt seconded.
Adopted.
The
Committee adjourned at 12:25 p.m.