Joint Legislative Committee on Administrative Rules
Action Minutes
DECEMBER 1, 2005
Members Present: Representatives
Patten, Taylor, Dokmo*, Millham,* Pilotte*, Mitchell*, and
(**) Indicates where Part 1, Article 28-a was an
issue in the Committee’s discussions or decisions in this meeting. (See Item #7.
However, that item was approved.)
1. The meeting was convened at 9:10 a.m. by Rep.
Patten as Vice-Chair.
Members present at this time, aside from
Rep. Patten, were Reps. Taylor, Pilotte, Mitchell, and Dokmo, and Sens.
Flanders and Letourneau.
Shortly after the meeting was convened,
Sen. Clegg and Rep. Millham also arrived.
Sen. Clegg had been appointed by the Senate President as a regular
member in place of Sen. Martel.
It was the consensus of the Committee to
schedule a continued Committee meeting on December 22, 2005.
Rep. Patten appointed Reps. Millham,
Pilotte, Dokmo, and Mitchell as alternates, respectively, for Rep. Bicknell,
Sen. Clark, Rep. Allan, and Sen. Estabrook, who were absent.
2. The Committee discussed the minutes of the
regular Committee meeting on November 17, 2005.
Rep. Taylor moved that the minutes be
approved.
Sen. Clegg seconded.
Adopted.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
No
action to postpone was taken at this time.
4. The Committee
discussed Proposed Interim Rule INT 2005-25 from the Department of Health and
Human Services (Ambulance Services).
Dawn Landry testified for the agency.
Rep. Taylor moved that the Committee approve
Proposed Interim Rule INT 2005-25.
Rep. Pilotte seconded.
Adopted.
5. The
Committee discussed Final Proposal 2005-152 from the Department of Health and
Human Services (Former Division of Public Health Services,
Electrologists). John Martin and Chris
Topham testified for the agency.
Rep. Carson and Sen. Estabrook arrived during
the discussion of this item.
Since
Sen. Estabrook was now present, Rep. Patten appointed Rep. Mitchell as an
alternate for Rep. Wall, who was absent.
Rep. Carson was not yet appointed and so was not voting.
Rep.
Taylor moved that the Committee make a preliminary objection to Final Proposal
2005-152 on the grounds as outlined in the annotations to the Final proposal by
Committee Attorney Eldridge-Banack.
Rep.
Millham seconded.
Adopted.
6. The
Committee discussed the response of the Department of Health and Human Services
to the Committee’s preliminary objection to Final Proposal 2005-150 (Former
Division of Public Health Services, Newborn Screening and Newborn Hearing
Screening). Maralyn Doyle testified for
the agency.
The
agency asked for a revised objection on the grounds as outlined in the
preliminary objection response by Committee Attorney Morrell with the
additional ground that the words “informed dissent” in He-P 3008.04(b)(1) were
unclear.
Rep.
Taylor moved that the Committee make a revised objection as requested.
Sen.
Letourneau seconded.
Adopted.
*7. The
Committee discussed Final Proposal 2005-168 from the Department of Revenue Administration
(Form PA-42, Applications for Exemption at a Residence in a Commercial
Industrial Zone). Michael Williams
testified for the agency.
Rep.
Wall arrived during the discussion of this item. Therefore, Rep. Mitchell was not voting.
Sen.
Clegg moved that the Committee approve Final Proposal 2005-168.
Sen.
Flanders seconded.
Adopted
8. The
Committee discussed Final Proposal 2005-102 from the Department of Safety
(Display, Consumer and Permissible Fireworks Rules). Marta Modigliani and Sgt. Patrick Poirier of
the State Police testified for the Department.
Shawn
Cross and Richard Bouley, representing Atlas Fireworks, also testified.
Sen.
Letourneau moved that the Committee approve Final Proposal 2005-102 and recommend
that the agency seek legislation to address Committee staff’s annotations to
Saf-C 2602.06, 2602.09, 2602.10, and 2602.13 and ask the agency for
clarification regarding consumer, display, and
Rep.
Dokmo seconded.
Adopted.
9. After a break, with Reps. Patten, Taylor,
Wall, Millham, Pilotte, and Dokmo, and Sens. Flanders and Clegg present, the
Committee discussed the response of the Wetlands Council to the Committee’s
preliminary objection to Final Proposal 2005-136 (Wetlands Council Practice and
Procedure).
Sen. Estabrook, Rep. Carson, and Sen.
Letourneau returned during the discussion of this item.
Sen. Clegg moved that the Committee table
this item.
Sen. Letourneau seconded.
Adopted.
10. The Committee discussed the response of the
Board for the Licensing and Regulation of Plumbers to the Committee’s preliminary
objection to Final Proposal 2005-88 (Licensing Requirements). Trudy Mott-Smith of the Department of
Administrative Services and Tedd Evans, Board Vice-Chair, testified for the
Board.
Rep. Carson and Sen. Estabrook left during
the discussion of this item.
The following persons also testified:
Diane
Swain, representing the N.H. Plumbing and Mechanical Contractors Association.
Nancy
Allan, Plumbing Inspector.
John
Pendleton, Board member.
Sen. Clegg moved that the Committee make a
final objection.
Sen. Letourneau seconded.
After further discussion, Sen. Clegg withdrew
his motion and Sen. Letourneau withdrew his second.
Trudy Mott-Smith requested a revised
objection on behalf of the Board to address the issues outlined in the annotations
by Committee Attorney Morrell on pages 4, 6, and 11 of the preliminary
objection response, and the issues outlined in public testimony to Plu 302.03
(h)(1) and (3), and requested that the agency verify that Plu 302.03 (e)(1)
does not conflict with existing employment law.
Sen. Clegg moved that the Committee make a
revised objection to Final Proposal 2005-88 as requested.
Rep. Taylor seconded.
Adopted.
11. It was the consensus of the Committee to
adjourn.
The Committee adjourned at 1:02 p.m.