JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
MAY 7, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Millham, Boyce*,
(**) Indicates where Part 1, Article 28-a of the
N.H. Constitution was an issue in the Committee’s discussions or decisions in
this meeting. (See Item #5. Objection Response 2009-108 in Item #5 was
postponed, and Objection Response 2009-109 in Item #5 was approved.)
1. The meeting
was convened at 9:06 a.m. by Rep. Pilotte as Vice-Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Patten, Schmidt,
Taylor, Kidder, and Boyce.
Sen.
Carson arrived immediately after the Committee convened.
Rep.
Pilotte appointed Rep. Boyce, Rep. Taylor, and Rep. Kidder, as alternates,
respectively, for Rep. Millham, Rep. Gottling, and Sen. Letourneau.
2. The
Committee discussed the minutes of the Committee meeting on April 16, 2010.
Rep.
Patten moved that the minutes be approved.
Rep.
Boyce seconded.
Adopted.
It
was noted for the record that Rep. Schmidt abstained from voting.
3. The
Committee discussed whether to postpone action on certain items to another
meeting.
Rep.
Millham arrived as the discussion began on this item.
Rep.
Pilotte appointed Rep. Boyce as an alternate for Sen. Merrill, who was absent.
Rep.
Schmidt moved that the Committee postpone action on the following items to the next
Committee meeting on May 21, 2010.
14.(c) OR
2009-176 |
LIQUOR COMMISSION (JLCAR
Deadline June 8, 2010.) |
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13. Responses to Preliminary Objections Made in November
19, 2009 Meeting But Not Yet Received by Committee Staff: |
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|
|
(a)
OR 2008-165 |
BOARD OF MENTAL HEALTH PRACTICE Practice and Procedure Rules (No
JLCAR deadline, because agency's objection response deadline was waived.) |
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(b) OR 2008-166 |
BOARD OF
MENTAL HEALTH PRACTICE Licensing
Requirements, Ethical and Professional Standards, Investigating Allegations,
Disciplinary Sanctions, Continuing Education Requirements for Licensees (No JLCAR deadline, because agency's
objection response deadline was waived.) |
Sen.
Carson seconded.
Adopted.
4, The
Committee discussed Final Proposal 2009-130 from the Department of Health and
Human Services (Former Division of Mental Health and Developmental Services, Eligibility
Determination and Service Planning for Individuals with An Acquired Brain
Disorder). Kenneth Nielsen testified for
the Department. Matthew Ertas also
represented the Department.
The
Department had earlier submitted a conditional approval request in a letter and
amended rules dated March 3, 2010.
Richard
Cohen, who represented the
Rep.
Patten moved that the Committee make a preliminary objection to Final Proposal
2009-130 on the ground that the inclusion of a waitlist was contrary to
legislative intent by conflicting with RSA 171-A:1-a, and also contrary to the
public interest.
Rep.
Boyce seconded.
Adopted.
5. The
Committee discussed the following responses by the Department of Environmental
Services to preliminary objections made by the Committee on March 5, 2010:
OR
2009-108 Wetlands Programs
Amendments
Relative to Stream Crossings
OR
2009-109 Wetlands Programs
Streams
Crossings
Gretchen
Hamel and Rene Pelletier testified for the Department.
Written
testimony had been received from the following persons prior to the meeting:
Chris
Gamache, representing the N.H. Department of Resources and Economic
Development, Division of Parks and Recreation, Bureau of Trails, in a letter
dated April 9, 2010.
Frank
Delgiudice, representing the U.S. Department of the Army, Corps of Engineers,
in a letter dated April 9, 2010.
George
N. Campbell, Jr., Commissioner of the N.H. Department of Transportation, in a
letter dated April 13, 2010.
Glenn
English, Haverhill Town Manager, in a letter dated April 21, 2010.
Paul
G. Sanderson, representing the N.H. Municipal Association, in a letter and
attached comments dated May 6, 2010.
Rep.
Candace C. W. Bouchard, Chair of the House Committee on Public Works and
Highways, in a letter dated May 5, 2010.
Rep.
Judith Sprang, Chair of the House Resources, Recreation and Development
Committee, in a letter dated May 7, 2010.
The
following persons testified in the meeting:
Jason
A. Stack, representing the N.H. Timberland Owners Association.
Gary
Abbott, representing the Associated General Contractors of New Hampshire, Inc.,
who also provided written testimony.
Richard
Roach, representing the U.S. Department of the Army, Corps of Engineers.
Paul
G. Sanderson, representing the N.H. Municipal Association.
Kevin
Nyhan, representing the N.H. Department of Transportation.
Kenneth
Roberts, representing the Town of
Glenn
Normandeau, Executive Director of the N.H. Fish and Game Department,
representing the Department.
Christopher
Albert, representing the N.H. Association of Natural Resource Scientists.
Rep.
Schmidt moved that the Committee accept the response and approve the rules in
Objection Response 2009-108.
Rep.
Taylor seconded.
A
roll call vote was called. The vote was
as follows:
|
Yes |
No |
|
|
|
Rep. Patten |
|
X |
Rep. Millham |
X |
|
Rep. Boyce |
|
X |
Rep. Taylor |
X |
|
Rep. Kidder |
|
X |
Rep. Schmidt |
X |
|
Rep. Pilotte |
X |
|
|
|
|
Sen. Carson |
|
X |
|
|
|
Total |
4 |
4 |
The
vote was 4 “yes” and 4 “no”. The motion
was not adopted.
No further
motions were made, affectively postponing consideration of Objection Response
2009-108 to the next Committee meeting.
It
was the consensus of the Committee that Objection Response 2009-108 would be
the first item on the regular agenda for the Committee meeting on May 21, 2010.
Representative
Schmidt moved that the Committee accept the response and approve the rules in
Objection Response 2009-109.
Rep.
Boyce seconded.
A
roll call vote was called. The vote was
as follows:
|
Yes |
No |
|
|
|
Rep. Schmidt |
X |
|
Rep. Patten |
|
X |
Rep. Millham |
X |
|
Rep. Boyce |
X |
|
Rep. Taylor |
X |
|
Rep. Kidder |
|
X |
Rep. Pilotte |
X |
|
|
|
|
Sen. Carson |
|
X |
|
|
|
Total |
5 |
3 |
The
vote was 5 “yes” and 3 “no”. The motion
was adopted.
6. After
a break, with Reps. Pilotte, Schmidt, Millham, Boyce, Taylor, and Kidder
present, the Committee discussed amendments to the Drafting and Procedure
Manual.
Michael
Holt, representing the Department of Health and Human Services, and Sandra
Falicon, representing the Fish and Game Department, testified.
The
Committee took no action at this time.
7. Rep.
Taylor moved that the Committee adjourn.
Rep.
Schmidt seconded.
Adopted.
The
Committee adjourned at 12:25 p.m., effectively postponing consideration of the
following item to the next Committee meeting:
OTHER BUSINESS |
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16. Other |
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