Joint Legislative Committee on Administrative Rules

 

Action Minutes

 

JUNE 2, 2006

 

 

Members Present:   Representatives Patten, Allan, Wall, Carson*, and Pilotte*, and Senators Flanders and Letourneau.  (*) Indicates alternate member.

 

(**)  Part 1, Article 28-a was not an issue in the Committee’s discussions or decisions in this meeting.

 

1.  The meeting was convened at 9:12 a.m. by Rep. Patten as Vice Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Allan, Carson, and Pilotte, and Sens. Flanders and Letourneau.

 

     Rep. Patten appointed Reps. Carson and Pilotte as alternates, respectively, for Reps. Millham and Taylor, who were absent.

 

2.  The Committee discussed the minutes of the regular meeting on May 25, 2006.

 

     Rep. Carson moved that the minutes be approved.

 

     Rep. Allan seconded.

 

     Adopted.

 

3.  The Committee discussed the response of the Department of Revenue Administration to the Committee’s preliminary objection to Final Proposal 2006-25 (Meals and Rentals).

 

      Rep. Carson moved that the Committee accept the response and approve the rules.

 

     Rep. Allan seconded.

 

     Adopted.

 

4.  The Committee discussed an emergency rule filed by the Department of Employment Security pursuant to RSA 541-A:18, effective May 10, 2006 (Document #8629), relative to application of wages in rule Emp 502.07.  Lon Siel and Jeri Bourque testified for the Department.

 

     Rep. Wall arrived during the discussion of this item.

 

     No further action was taken by the Committee.

 

5.  The Committee discussed Finial Proposal 2005-214 from the Liquor Commission (Procedural Rules and Enforcement Policy).  Ivan Bass, Eddie Edwards, and Steve Slovenski testified for the agency.

 

     Rep. Carson moved that the Committee make a preliminary objection to Final Proposal 2005-214 on the grounds as outlined in the annotations to the Final Proposal by Committee Attorney Morrell, excluding the annotations to the following rules: Liq 601.03(v) except to amend the rule to narrow who is included as an intoxicated individual; Liq 603.02 other than (c)(2); Liq 603.03; Liq 605; Liq 205.11(g); Liq 205.12(b)(2); Liq 207.08; and Liq 208.02.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

6.  The Committee discussed Final Proposal 2006-19 from the Department of Safety (Voluntary Certification of Heating Technicians).  Marta Modigliani and Robert Farley testified for the agency.

 

      Rep. Allan moved that the Committee approve Final Proposal 2006-19.

 

     Sen. Letourneau seconded.

 

     Adopted.

 

7.  After a break, with Reps. Patten, Allan, Wall, Carson, and Pilotte, and Sens. Flanders and Letourneau present, the Committee discussed Final Proposal 2006-39 from the Department of Safety (Various Carnival Amusement Ride Rules).  Marta Modigliani and Beverly Kowalik testified for the agency.

 

      Sen. Flanders moved that the Committee approve Final Proposal 2006-39.

 

     Rep. Wall seconded.

 

     Adopted.

 

8.  The Committee discussed Final Proposal 2006-43 from the Department of Safety (Various Operation of the Central Repository Criminal Record Rules).  Marta Modigliani testified for the agency.

 

     Rep. Allan moved that the Committee approve Final Proposal 2006-43.

 

     Sen Flanders seconded.

 

     Adopted.

 

9.  The Committee discussed Final Proposal 2006-42 from the Department of Health and Human Services (Commissioner, Foster Family Care Licensing Requirements).  Michele Beasley and Gail Degoosh testified for the agency.

 

     Sen. Flanders moved that the Committee conditionally approve Final Proposal 2006-42 on the condition that all reference to “arrest records” be removed.

 

     Rep. Wall seconded.

 

     Adopted.

 

10.  The Committee discussed the response by the Board of Nursing to the Committee’s preliminary objection to Final Proposal 2005-231 (Nurse Licensure Compact Rules).

 

     The Board had withdrawn the Final Proposal in response to the objection.  No further Committee action was necessary.

 

No further action was taken.

 

11.  Sen. Flanders moved that the Committee adjourn.

 

      Sen. Letourneau seconded.

 

      Adopted.

 

      The Committee adjourned at 12:10 p.m., effectively postponing consideration of the following items to the regular Committee meeting on June 16, 2006:

 

18.    Remaining Responses to Preliminary Objections Made in March 24, 2006 Meeting But Not Yet Received by Committee Staff.

 

         (a)  OR 2005-213

POSTSECONDARY EDUCATION COMMISSION

Pos 1000 Rules Governing the Evaluation of Institutions of Higher Learning

(No JLCAR deadline since agency objection response deadline has been waived.)

 

 

19.    Remaining Responses to Preliminary Objections Made in April 21, 2006 Meeting But Not Yet Received by Committee Staff.

         (JLCAR Deadline July 25, 2006.)

 

 

         (b)  OR 2006-24

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Commissioner

Certification for Payment Standards for Residential Facilities

 

 

OTHER BUSINESS

 

20.    Other