JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

Action Minutes

 

FEBRUARY 17, 2012

 

 

Members Present:   Representatives Patten, Pilotte, Schmidt, McGuire, Manuse, Kidder*, Sad*, and Tremblay*, and Senator Merrill. (*)  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 Committee convened at 9:04 a.m. with Rep. Patten as Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Pilotte, Schmidt, McGuire, Sad, and Tremblay.

 

         Sen. Merrill arrived in the meeting shortly after it was convened.

 

     Rep. Patten designated Reps. Sad and Tremblay as alternates, respectively, for Sen. Kelly and Sen. White, who were absent.

 

2.  The Committee discussed the minutes of the Committee meeting on January 20, 2012.

 

     Rep. Schmidt moved that the minutes be approved with an amendment to the motion in Item #13 to conditionally approve Final Proposal 2011-164, where the reference to “He-P 309.01(c)” should be changed to “He-P 309.01(b)”.

 

     Rep. McGuire seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals and Proposed Interim Rule (Consent Agenda – Final Proposals and Proposed Interim Rule):

 

FP 2011-114

PUBLIC UTILITIES COMMISSION

Waiver of Rules.

 

 

FP 2011-168

FISH AND GAME DEPARTMENT

Wiswall Dam Fishway Closure; Groundfish Spawning Closure; and Readoption of Various Marine Rules

 

 

FP 2011-173

DEPARTMENT OF REVENUE ADMINISTRATION

Offset of Refund or Credit

 

 

 

 

FP 2011-174

STATE BUILDING CODE REVIEW BOARD

Appointment of Vice-Chair Rule

 

 

INT 2012-1

ARCHITECTURAL BARRIER-FREE DESIGN COMMITTEE

Architectural Barrier Free Design Committee Rules

 

     Rep. Schmidt moved that the Committee approve the Final Proposals and Proposed Interim Rule, except for Final Proposal 2011-173.

 

     Sen. Merrill seconded.

 

     Adopted.

 

4.  The Committee discussed Final Proposal 2011-173 from the Department of Revenue Administration (Offset of Refund or Credit).

 

     No action was taken at this time, pending information from the Department, as requested by the Committee.

 

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

 

     No action to postpone was taken at this time.

 

6.  The Committee discussed Final Proposal 2011-113 from the Public Utilities Commission (Organizational Rules and Rules of Practice and Procedure).  Alexander Speidel testified for the Commission.

 

     The Commission had requested a conditional approval in an amended rule dated February 16, 2012.

 

     Rep. Pilotte moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-113 based on the request.

 

     Rep. Sad seconded.

 

     Adopted.

 

7.  The Committee discussed Final Proposal 2011-175 from the Board of Medicine (Terms of Voluntary Surrender, Reviewing a Settlement Agreement).  Kathryn Bradley, Executive Director, testified for the Board.

 

     The Board had requested a conditional approval in an amended rule dated February 16, 2012.

 

     Rep. Manuse arrived during the discussion of this item.

 

     Rep. Pilotte moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2011-175 based on the request.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     For the record, Rep. Manuse abstained from voting because he was not present for most of the discussion.

 

8.  The Committee discussed Final Proposal 2011-180 from the Department of Health and Human Services (Commissioner, Criminal Records and Central Registry Check for License-Exempt Providers).  Roger Desrosiers and Ellen Wheatley testified for the Department.

 

     The Department had requested a conditional approval in a letter and amended rule dated February 15, 2012.

 

     Rep. Kidder arrived during the discussion of this item.  Rep. Patten designated Rep. Kidder as an alternate for Sen. Groen, who was absent.

 

     Rep. Pilotte moved that the Committee accept the conditional approval request but with an amendment to He-C 6020.03(r) by deleting the words “in child care”, and conditionally approve Final Proposal 2011-180 based on the request, as amended.

 

     Rep. Schmidt seconded.

 

     Adopted.

 

     It was noted for the record that Reps. Tremblay and Manuse vote “no”.

 

9.  The Committee resumed discussion of Final Proposal 2011-173 (Department of Revenue Administration, Offset of Refund or Credit), after Committee staff received more information from the Department.

 

     Rep. McGuire moved that the Committee conditionally approve Final Proposal 2011-173 on the ground that Rev 2903.07(a) be amended by deleting the words “has with” before “owes”.

 

     Sen. Merrill seconded.

 

     Adopted.

 

10.  The Committee discussed the response to its preliminary objection to Final Proposal 2011-163 (Former Division of Human Services, Physician Services).  Michael Holt testified for the Department.

 

      Rep. McGuire moved that the Committee make a final objection to Final Proposal 2011-163 on the same grounds as the preliminary objection concerning incorporation by reference of undated material, and that the final objection be in lieu of a vote to sponsor a joint resolution.

 

      Rep. Manuse seconded.

 

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

 

 

Yes

No

 

 

 

Rep. Manuse

X

 

Rep. McGuire

X

 

Rep. Patten

X

 

Rep. Pilotte

X

 

Rep. Schmidt

X

 

Rep. Kidder

X

 

Rep. Sad

X

 

Rep. Tremblay

X

 

 

 

 

Sen. Merrill

X

 

 

 

 

Total

9

0

 

      The vote was 9 “yes” and 0 “no”.  The motion was adopted.

 

11.  The Committee discussed Committee policy and Committee rule changes relative to incorporation by reference in agency rules.

 

      Rep. Manuse moved that the Committee amend Committee rules 201.02 and 403.01 as outlined in the memo by Administrative Rules Director Scott Eaton to Rep. Patten dated February 10, 2012, with the change that the proposed Committee rule 201.02(d) be amended by deleting the word “written” where it appears before “explanation”, and replace it in the first sentence with the words “an authorized”, and insert “authorized” before “explanation” in the second sentence.

 

      Rep. McGuire seconded.

 

      Adopted.

 

12.  Rep. Pilotte moved that the Committee adjourn.

 

      Rep. McGuire seconded.

 

      Adopted.

 

      The Committee adjourned at 10:45 a.m.