JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
MARCH 30, 2012
Members Present: Senator Merrill and
Representatives Pilotte, Schmidt, McGuire, Manuse, Kidder*, Tremblay*, Sad*,
and Winter*. (*) 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 Sen. Merrill, Vice-Chair as Acting Chair.
Members
present at this time, aside from Sen. Merrill, were Reps. Pilotte, Schmidt,
McGuire, Manuse, Kidder, Tremblay, Sad, and Winter.
Sen.
Merrill designated Reps. Kidder, Tremblay, Sad, and Winter as alternates,
respectively, for Sens. Groen, Lambert, Kelly, and White.
2. The
Committee discussed the minutes of the Committee meeting on February 17, 2012.
Rep.
Pilotte moved that the minutes be approved.
Rep.
McGuire seconded.
Adopted.
3. The
Committee discussed the following Final Proposals and Proposed Interim Rule
(Consent Agenda – Final Proposals and Proposed Interim Rules):
|
|
FP 2011-149 |
INSTALLATION STANDARDS BOARD Installation Standards Board Organizational
Rules |
|
|
FP 2011-150 |
INSTALLATION STANDARDS BOARD Installation Standards Board Rules of
Procedure |
|
|
FP 2011-151 |
INSTALLATION STANDARDS BOARD Installation Standards Board Rules on
Rulemaking Petitions and Copies of Recordings |
|
|
FP 2011-157 |
OFFICE OF LICENSED ALLIED HEALTH
PROFESSIONALS Procedural Rules |
|
|
FP 2011-159 |
PHARMACY BOARD Agency Organization (Composition) |
|
|
FP 2011-172 |
POLICE STANDARDS AND TRAINING COUNCIL Police, Corrections and Probation/Parole
Basic Training Programs |
|
|
|
|
FP 2011-181 |
CURRENT USE BOARD |
|
|
FP 2012-2* |
DEPARTMENT OF AGRICULTURE, MARKETS, AND
FOOD Treatment of Horses *
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 2012-3 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Human Services Deeming Parental Income for Children Under
the Age of 18 Applying for or Receiving Aid to the Needy Blind (ANB) |
|
|
FP 2012-6 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Office of Alcohol and Drug Abuse
Prevention Access to Recovery Program |
|
|
FP 2012-7 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Commissioner Payments to Non-Public Disproportionate
Share Hospitals and Uncompensated Care Fund Reporting |
|
|
FP 2012-19 |
N.H. RETIREMENT SYSTEM Contribution Adjustment, Earnable
Compensation Adjustment and Service Adjustment |
|
|
INT 2012-2 |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Former Division of Mental Health and
Developmental Services Nursing Facility Preadmission Screening and
Annual Resident Review |
Rep.
Pilotte moved that the Committee approve the Final Proposals and Proposed
Interim Rule except for Final Proposal 2012-6.
Rep.
Schmidt seconded.
Adopted.
4. The
Committee discussed Final Proposal 2012-6 from the Department of Health and
Human Services (Former Office of Alcohol and Drug Abuse Prevention, Access to
Recovery Program). Michael Holt
testified for the Department.
Rep.
Pilotte moved that the Committee approve Final Proposal 2012-6.
Rep.
Sad seconded.
Adopted.
5. The
Committee discussed the following Final Proposal for which a request from the
agency for a conditional approval had been submitted (Consent Agenda – Conditional
Approval):
FP 2011-182 |
CURRENT USE BOARD Documented Stewardship |
Rep.
Schmidt moved that the Committee accept the conditional approval request and
conditionally approve Final Proposal 2011-182 based on the request.
Rep.
Winter seconded.
Adopted.
6. The Committee discussed whether to postpone action on certain items to another meeting.
No
action to postpone was taken at this time.
7. The
Committee discussed Final Proposal 2011-152 from the Installation Standards
Board (Installation Standards Board Rules Regarding Licensing and Training
Requirements, Warranty Seals, Inspections of Manufactured Housing
Installations, Manufactured Housing Installations Standards, and Alternative
Dispute Resolutions). Louise Lavertu and
Gary Francoer, Board Chair, testified for the Board.
Rep.
McGuire moved that the Committee (1) conditionally approve Final Proposal
2011-152 on the condition that Inst 702.02(e)(3) be amended to read as
follows: “(3) Experience in performing
quasi judicial roles, including but not limited to 20 hours experience in
alternative dispute resolution or 5 years in a quasi judicial role”; and (2)
recommend that an editorial change be made to Inst 303.01(a) to insert the
words “as defined by RSA 205-D:13, II” after “upon a determination that
misconduct has occurred.”
Rep.
Manuse seconded.
Adopted.
8. The
Committee discussed Final Proposal 2012-9 from the Fish and Game Department
(Apprentice Hunting License Form).
Sandra Falicon testified for the Department.
Rep.
Manuse moved that the Committee approve Final Proposal 2012-8.
Rep.
Schmidt seconded.
Adopted.
9. After
a break, with Sen. Merrill and Reps. Pilotte, Schmidt, McGuire, Manuse,
Tremblay, Kidder, Winter, and Sad present, the Committee discussed Proposed
Interim Rule INT 2012-3 from the Department of Health and Human Services
(Former Division of Human Services, Private Duty Nursing Services). Michael Holt testified for the Department.
Rep.
McGuire moved that the Committee approve Proposed Interim Rule INT 2012-3.
Rep.
Pilotte seconded.
Adopted.
10. The Committee discussed Final Proposal 2012-8
from the Department of Health and Human Services (Former Division of Public
Health Services, Beverages and Bottled Water).
Michael Holt and Leah Keller testified for the Department.
The Department had submitted a conditional
approval request in a letter and amended rule dated March 29, 2012.
Thomas Prasol, representing the
International Bottled Water Association, also testified.
Rep. Manuse moved that the Committee
accept the conditional approval request with further amendments to He-P
2103.09(d), (e), and (f), and He-P 2105.04(1) by replacing the word “might”
with “would”, and conditionally approve Final Proposal 2012-8 based on the
request, as amended.
Rep. Tremblay seconded.
After further discussion, Rep. Manuse
amended his motion to remove the amendment to He-P 2103.09(d), and Rep.
Tremblay amended her second.
A roll call vote was called. The vote was as follows:
|
Yes |
No |
|
|
|
Rep. Manuse |
X |
|
Rep. McGuire |
X |
|
Rep. Pilotte |
|
X |
Rep. Schmidt |
|
X |
Rep. Kidder |
|
X |
Rep. Sad |
|
X |
Rep. Tremblay |
X |
|
Rep. Winter |
X |
|
|
|
|
Sen. Merrill |
|
X |
|
|
|
Total |
4 |
5 |
The motion was 4 “yes” and 5 “no”. The motion was not adopted.
Rep. Pilotte moved that the Committee accept
the conditional approval request and conditionally approve Final Proposal
2012-8 based on the request.
Rep. Sad seconded.
Adopted.
It was noted for the record that Reps. Manuse and Tremblay voted “no”,
and Rep. Winter abstained from voting.
11. The Committee discussed Final Proposal 2012-18
from the State Building Code Review Board (Various Practice and Procedure
Rules). Marta Modigliani of the
Department of Safety and Donald Bliss, Board Chair, testified for the Board.
The Board had submitted a conditional
approval request in an amended rule dated March 27, 2012.
Rep. McGuire moved that the Committee make
a preliminary objection to Final Proposal 2012-18 on the grounds as outlined in
the Committee staff annotations to the Final Proposal.
Rep. Manuse seconded.
Adopted.
Reps. McGuire, Manuse, and Kidder left the
meeting at this time.
12. The Committee discussed the status of review
by the Department of Health and Human Services whether rulemaking was necessary
to implement SB 198 which was adopted in the 2011 session. Michael Holt testified for the Department.
No further action was taken.
13. The Committee discussed distribution of
replacement pages for the Drafting and Procedure Manual for Administrative
Rules due to typographical errors.
Replacement pages were distributed by Committee staff to Rep. Pilotte
and Rep. Tremblay.
14. Rep. Pilotte moved that the Committee adjourn.
Rep. Sad seconded.
Adopted.
The Committee adjourned at 12:12 p.m.