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

Assessment Ranges

 

 

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.