JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES
Action Minutes
JUNE 1, 2012
Members Present: Senators Merrill and
White, and Representatives Pilotte, Schmidt, McGuire, Manuse, Kidder*, Sad* and
Winter*. (*) Indicates alternate member.
(**)
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 began for discussion purposes at 9:02 a.m. with Rep. Pilotte as Acting
Chair.
Members
present at this time, aside from Rep. Pilotte, were Reps. Schmidt, McGuire,
Kidder, Sad, and Winter, and Sen. White.
A
quorum was not yet present, as only 4 regular members were present, and there
was no Chair or Vice-Chair with authority to designate alternate members for
absent regular members.
2. The
Committee discussed Final Proposal 2012-26 of the Real Estate Commission (Real
Estate Examination and License Fees, Examination Schedule, Broker Education,
and Dishonored Checks). Beth Edes,
Executive Director, testified for the Commission.
Sen.
Merrill and Rep. Manuse arrived during the discussion of this item. A quorum of the Committee was now present.
3. Sen.
Merrill as Vice-Chair convened the meeting at 9:21 a.m.
Sen.
Merrill designated Reps. Kidder, Sad, and Winter as alternates, respectively,
for Rep. Patten, Sen. Kelly, and Sen. Groen, who were absent.
4. The
Committee discussed the minutes of the Committee meeting on May 18, 2012.
Rep.
Sad moved that the minutes be approved.
Rep.
McGuire seconded.
Adopted.
Rep.
Pilotte, Rep. Manuse, and Sen. White noted for the record that they were not
voting because they were not present for the meeting on May 18, 2012.
5. The
Committee discussed again Final Proposal 2012-26 from the Real Estate
Commission (Real Estate Examination and License Fees, Examination Schedule, Broker
Education, and Dishonored Checks). Beth
Edes, Executive Director, testified for the Commission.
Rep.
Colette Worsman also testified.
Rep.
Pilotte moved that the Committee conditionally approve Final Proposal 2012-26
on the condition that the proposed fees in the following rules be changed as
follows: (1) The fee in Rea 301.02(a) be
reduced from $120 to $110; (2) The fee in Rea 301.02(b) be reduced from $100 to
$90; and (3) The fees in Rea 301.02(f) be reduced from $175 and $190 to $155
and $170, respectively.
Rep.
Schmidt seconded.
Rep.
White left the meeting at this time.
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. Winter |
|
X |
|
|
|
Sen. Merrill |
X |
|
|
|
|
Total |
5 |
3 |
The
vote was 5 “yes” and 3 “no”. The motion
was adopted.
6. The
Committee discussed amendments to the “Rulemaking Notice Form”, as last amended
effective May 4, 2012, in Appendix II-C of the Drafting and Procedure Manual
for Administrative Rules.
The following persons testified:
Marta
Modigliani, representing the Department of Safety.
Michael
Holt, representing the Department of Health and Human Services.
Peter
Demas, representing the Department of Environmental Services.
Rep.
McGuire moved that the Committee approve the amended notice form as attached to
the May 29, 2012 memo of Committee staff, with the understanding that agencies
would be allowed to delete the amended “Note” on page one of the form when the
form is filed.
Rep.
Schmidt seconded.
Adopted.
Rep.
Manuse left the meeting at this time.
Rep.
McGuire moved that the second “Note” originally proposed for page two of the
amended notice form be included on the cover page of the Rulemaking Register.
Rep.
Schmidt seconded.
Adopted.
7. The Committee discussed a motion to recommend amendments to RSA 541-A:14-a, I and RSA 541-A:6, I as discussed in the memo of Committee staff dated May 15, 2012.
Rep. Manuse returned to the meeting during the discussion of this item.
Rep. Pilotte moved that the Committee recommend that the legislature amend RSA 541-A:14-a, I and RSA 541-A:6, I as discussed in the memo of Committee staff dated May 15, 2012.
Rep.
McGuire seconded.
Adopted.
8. After
a break, with Sen. Merrill and Reps. Pilotte, Schmidt, McGuire, Manuse, Kidder,
Sad, and Winter present, the Committee discussed the response by the State
Building Code Review Board to the Committee’s preliminary objection to Final
Proposal 2012-18 (Various Practice and Procedure Rules). Marta Modigliani of the Department of Safety
testified for the Board.
Rep.
Kidder moved that the Committee accept the response and approve the rules, with
the understanding that the Board would not file the adopted rules until HB 137
was effective.
Rep.
Schmidt seconded.
Adopted.
Rep.
Pilotte moved that the Committee adjourn.
Rep.
Schmidt seconded.
Adopted.