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.