JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

 

 

Action Minutes

 

APRIL 15, 2011

 

 

Members Present:   Representatives Patten, Pilotte, McGuire, Manuse, Kidder*, Sad*, Tremblay*, and Winter*, and Sen. Kelly.  (*)  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 9:00 a.m. by Rep. Patten as Chair.

 

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

 

     Rep. Patten designated Rep. Kidder, Rep. Sad, Rep. Tremblay, and Rep. Winter as alternates, respectively, for Sen. Groen, Rep. Schmidt, Sen. Lambert, and Sen. Merrill.

 

2.  The Committee discussed the minutes of the Committee meeting on March 18, 2011.

 

     Rep. McGuire moved that the minutes be approved, with the amendment to Item #6 on page 3 to change the reference from “RSA 329:17, VIII” to “RSA 329:17, XIII.”

 

     Rep. Pilotte seconded.

 

     Adopted.

 

3.  The Committee discussed the following Final Proposals and Proposed Interim Rules from the agencies indicated:

 

FP 2011-1

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Prevention, Abatement, and Control of Open Source Air Pollution

 

 

FP 2011-6

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Amendments to Certification of Water Works Operators Rule

 

 

*FP 2011-9

INSURANCE DEPARTMENT

Privacy of Consumer Financial and Health Information

 

 

FP 2011-12

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Permit Fee System

 

 

 

 

FP 2011-16

DEPARTMENT OF REVENUE ADMINISTRATION

Medicaid Enhancement Tax (MET)

 

 

FP 2011-18

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Payments to Non-Public Disproportionate Share Hospitals and

Uncompensated Care Fund Reporting

 

 

FP 2011-19

DEPARTMENT OF SAFETY

Various Bureau of Electrical Safety and Licensing Rules

 

 

INT 2011-7

DEPARTMENT OF ENVIRONMENTAL SERVICES

Air Related Programs

Permit Application Forms

 

 

INT 2011-10

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Human Services

Physician Services

 

 

INT 2011-11

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Division of Elderly and Adult Services

Adult Medical Day Care Services

 

 

 

*The only substantive issue with Final Proposal 2011-9 was that the agency continued to operate under expired rules, as noted by the Committee.

 

     Rep. Pilotte moved that the Committee approve the Final Proposals and Proposed Interim Rules.

 

     Rep. Kidder seconded.

 

     Adopted.

 

4.  The Committee discussed postponing action on certain items to another Committee meeting.

 

     Rep. Manuse moved that the Committee postpone the following items to the continued Committee meeting on May 6, 2011:

 

12. FP 2011-13

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Former Division of Human Services

Child Support Disbursement Fee

(JLCAR Deadline May 16, 2011.)

 

 

13. FP 2011-15

DEPARTMENT OF REVENUE ADMINISTRATION

Excavation Tax

(JLCAR Deadline May 9, 2011.)

 

 

14. INT 2011-9

BOARD OF LICENSING FOR INTERPRETERS OF THE DEAF AND

HARD OF HEARING

Licensing Rules for the Deaf and Hard of Hearing Interpreters

(JLCAR Deadline June 30, 2011.  Many of the existing rules expired March 12, 2011.)

 

 

15. FP 2011-14

BOARD OF REGISTRATION OF FUNERAL DIRECTORS AND EMBALMERS

Practice and Procedure

(JLCAR Deadline May 16, 2011.  Former interim rules expired March 21, 2011.)

 

 

16. FP 2010-154

LIQUOR COMMISSION

Rules for Direct Shipment into NH

(JLCAR Deadline May 16, 2011.)

 

 

OTHER BUSINESS

17. Other

 

 

 

 

     Rep. McGuire seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2010-152 from the Public Utilities Commission (Affiliate Transaction Rules).  Lynn Fabrizio testified for the Commission.

 

     The Commission had requested a conditional approval in a letter and amended rule dated April 12, 2011, and submitted a further amendment in a revised conditional approval request in the Committee meeting.

 

     The Committee took no action at this time but discussed the next item.

 

6.  The Committee discussed the following proposal which had been withdrawn by the agency in response to the Committee’s preliminary objection:

 

FP 2010-153

DEPARTMENT OF SAFETY

Various Licensing of Fuel Gas Fitters and Fuel Gas Fitting Business Entities Rules

 

     No further Committee action was required, and none was taken.

 

7.  The Committee resumed discussion of Final Proposal 2010-152 from the Public Utilities Commission (Affiliate Transaction Rules).  Lynn Fabrizio testified for the Commission.

     Rep. Pilotte moved that the Committee accept the conditional approval request as amended in the revised conditional approval request and conditionally approve Final Proposal 2010-152 based on the request as amended.

 

     Rep. Winter seconded.

 

     Adopted.

 

8.  The Committee discussed Proposed Interim Rule INT 2011-12 from the Juvenile Parole Board (Juvenile Parole Board: Explanation, Parole Process, Revocation of Parole).  Michael Holt and Mary Ann Melizzi-Golja of the Department of Health and Human Services testified for the Board. 

 

     Sen. Kelly arrived during the discussion of this item.

 

     Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-12.

 

     Rep. McGuire seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2010-123 from the Oil Fund Disbursement Board (Information Management).  Timothy Denison of the Department of Environmental Services and Rep. Chris Christensen, Chairman of the Board, testified for the Board.

 

     Sen. Kelly moved that the Committee approve Final Proposal 2010-123.

 

     Rep. Kidder seconded.

 

     Adopted. 

 

10.   The Committee discussed Final Proposal 2010-124 from the Oil Fund Disbursement Board (Retention of Records; Import Fee Waivers).  Timothy Denison of the Department of Environmental Services and Rep. Chris Christensen, Chairman of the Board, testified for the Board.

 

        Rep. Manuse moved that the Committee approve Final Proposal 2010-124.

 

        Rep. McGuire seconded.

 

        Adopted.

 

        Rep. Manuse left the meeting at this time.

 

11.   The Committee discussed Final Proposal 2010-125 from the Oil Fund Disbursement Board (Rules for Reimbursement).  Timothy Denison of the Department of Environmental Services and Rep. Chris Christensen, Chairman of the Board, testified for the Board.

 

        The Board had submitted a conditional approval request in a letter dated April 15, 2011 but received on April 11, 2011.

 

        Rep. Pilotte moved that the Committee accept the conditional approval request and conditionally approve Final Proposal 2010-125 based on the request.

 

        Rep. McGuire seconded.

 

        Adopted.

 

12.   The Committee discussed Proposed Interim Rule INT 2011-6 from the Department of Environmental Services (Air Related Programs, Statewide Permit System).  Gretchen Hamel and Karla McManus testified for the Department.

 

        Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-6.

 

        Rep. McGuire seconded.

 

        Adopted.

 

13.   The Committee discussed Proposed Interim Rule INT 2011-8 from the Department of Environmental Services (Air Related Programs, Multiple Pollutant Annual Budget Trading and Banking Program).  Gretchen Hamel and Karla McManus testified for the Department.

 

        Rep. Pilotte moved that the Committee approve Proposed Interim Rule INT 2011-8.

 

        Rep. McGuire seconded.

 

        Adopted.

 

14.   The Committee discussed Final Proposal 2011-2 from the Department of Environmental Services (Water Quality and Quantity Programs, Subdivision and Individual Sewage Disposal System Design Rules – Amendments).  Gretchen Hamel testified for the Department.

 

        Rep. Manuse returned to the meeting during the discussion of this item.

 

        Rep. Pilotte moved that the Committee approve Final Proposal 2011-2.

 

        Sen. Kelly seconded.

 

        Adopted.

 

15.   After a break, with Reps. Patten, Pilotte, McGuire, Manuse, Kidder, Sad, Tremblay, and Winter, and Senator Kelly present, the Committee discussed again Final Proposal 2011-2 in order to receive public testimony.

 

        Thomas Canfield testified.

 

        Rep. Pilotte moved that the Committee, pursuant to Committee Rule 302.03, reconsider the vote to approve Final Proposal 2011-2.

 

        Rep. Manuse seconded.

 

        Adopted.

 

        The effect of the reconsideration, pursuant to Committee Rule 302.03, was to cancel the earlier vote to approve Final Proposal 2011-2 as if it had never been taken.

 

        Rep. Manuse moved that the Committee postpone further discussion of this item to the Continued meeting on May 6, 2011.

 

        Rep. McGuire seconded.

 

        Adopted.

 

        Sen. Kelly left the meeting at this time.

 

16.   The Committee discussed Final Proposal 2011-11 from the Fish and Game Department (Moose Lottery and Bear Guide Permit Application).  Executive Director Glenn Normandeau and Steve Weber testified for the Department. 

 

        The following members of the public testified:

            David Poole, representing the N.H. Guides’ Association.

            Jason Parent, representing N.H. Guide Services.

            Dustin Parent, representing N.H. Guide Services.

            Mark Edwards.

            Buck Mercier.

 

        The following persons registered their opposition to the rules but did not speak:

            Adrien Lavoie, representing Yo Adrien Charters.

            Mitchel M. Filson, representing Filson Charters/Cast and Blast Guide Service.

            David Anderson.

            Jon Guilmain.

            Rep. Kenneth Kreis, Sr.

            William F. Barrett, representing Bill Barrett’s Guide Service.

            Raymond Maurier, representing Lightning Mountain Outfitters.

            Dennis Whitehue, representing the N.H. Guides Association.

            Stephen Dubois, representing Hunting Guides.

            Steven Courchesne, representing GK&S Outdoors.

 

        Rep. Manuse moved that the Committee make a preliminary objection to Final Proposal 2011-11 on the grounds that the rules Fis 1102.06, Fis 301.06(h), and Fis 301.06(c) are contrary to the public interest.

 

        Rep. McGuire seconded.

 

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

 

 

Yes

No

 

 

 

Rep Manuse

X

 

Rep. McGuire

X

 

Rep. Pilotte

 

X

Rep. Kidder

 

X

Rep. Sad

 

X

Rep. Tremblay

X

 

Rep. Winter

X

 

Rep. Patten

X

 

 

 

 

Total

5

3

 

        The motion was 5 “yes” and 3 “no”.  The motion was adopted.

 

17.   The Committee discussed again Final Proposal 2011-2 from the Department of Environmental Services (Water Quality and Quantity Programs, Subdivision and Individual Sewage Disposal System Design Rules –Amendments).  Gretchen Hamel and Robert Tardif testified for the Department.

 

        Rep. Manuse left the meeting during the discussion of this item.

 

        Rep. Sad moved that the Committee reconsider its postponement of Final Proposal 2011-2 to the continued meeting on May 6, 2011.

 

        Rep. Tremblay seconded.

 

        Adopted.

 

        Rep. Pilotte moved that the Committee approve Final Proposal 2011-2.

 

        Rep. Sad seconded. 

 

        Adopted.

 

        Rep. Patten noted for the record that Rep. Tremblay voted “no”.

 

18.   Rep. Pilotte moved that the Committee recess.

 

        Rep. Winter seconded.

 

        Adopted.  The Committee recessed at 1:20 p.m.