Joint Legislative Committee on Administrative Rules

 

 

Action Minutes

 

JUNE 3, 2005

 

 

Members Present: Representatives Patten, Taylor, Bicknell, Carson*, Pilotte* and Millham*, and Senator Clark.  (*) 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 was convened at 9:09 a.m. by Rep. Patten as Vice-Chair.

 

     Members present at this time, aside from Rep. Patten, were Reps. Taylor, Pilotte, Millham, and Bicknell, and Sen. Clark.

 

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

 

2.  The Committee discussed the minutes of the regular Committee meeting of May 20, 2005.

 

     Rep. Taylor moved that the minutes be approved.

 

     Sen. Clark seconded.

 

     Adopted.

 

3.  The Committee discussed whether to postpone action on certain items to another Committee meeting.

 

     It was the consensus of the Committee that the following item would be on the agenda for the next Committee meeting on June 17, 2005.

 

7.      Remaining Responses to Preliminary Objections Made in April 15, 2005 Meeting But Not Yet Reviewed by Committee Staff.

         (JLCAR Deadline July 20, 2005)

 

(a)  OR 2004-213

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Former Division of Mental Health and Development Services

Establishment and Operation of Area Agencies

 

     Rep. Carson arrived at the meeting at this time, Rep. Patten appointed Rep. Carson as an alternate for Sen. Letourneau, who was absent.

 

4.  The Committee discussed Final Proposal 2005-27 from the Department Revenue Administration (Nursing Facility Quality Assessment).  Kathleen Sher testified for the agency.

 

     Rep. Bicknell moved that the Committee approve Final Proposal 2005-27 as it appeared in the Final Proposal - Annotated.

 

     Rep. Carson seconded.

 

     Adopted.

 

5.  The Committee discussed Final Proposal 2005-28 from the Department of Revenue Administration (General Provisions Relating to Administration, Returns and Taxpayer Records).  John Hayes testified for the agency.

 

     The Department had requested a conditional approval with an amended rule dated June 2, 2005.

 

     Sen. Clark moved that the Committee conditionally approve Final Proposal 2005-28 as requested.

 

     Rep. Bicknell seconded.

 

     Adopted.

 

6.  The Committee discussed a Committee rulemaking petition of October 28, 2004 to the Department of Environmental Services relative to Env-Ws 905 concerning standards for management of mercury-containing amalgam.  The Department had responded in a letter dated December 10, 2004.  The Committee had approved the subsequent Final Proposal 2005-38 on May 20, 2005.

 

     It was the consensus of the Committee to take no further action.

 

7.  The Committee discussed a Committee rulemaking petition of November 19, 2004 to the Board of Education to undertake a new rulemaking proceeding relative to standards for education personnel and approval of professional preparation programs in order to conform with federal law regarding the use of Social Security numbers.  The Board responded in a letter dated December 16, 2004.

 

     It was the consensus of the Committee to take no further action.

 

8.  The Committee discussed an emergency rule filed by the Department of Resources and Economic Development on April 4, 2005 (Document #8318, Rules for Forest Fire Service and Administrative Fines).

 

     It was the consensus of the Committee that the Committee staff prepare (1) a draft Committee motion to petition the agency to repeal the provisions relative to administrative fines, and (2) a timeline for the Committee indicating the filing history of regular, interim, and emergency rules of the agency in this area.

 

9.  The Committee discussed an emergency rule filed by the Department of Safety on April 5, 2005 (Document #8319, Electrical Requirements for Carnival Amusement Rules).

 

     It was the consensus of the Committee that it contact the Department on the status of regular rulemaking in this area.

 

10.  The Committee discussed an emergency rule filed by the Department of Agriculture, Markets and Food on May 10, 2005 (Document #8350, Emergency Vesicular Stomatitis Rule).

 

        It was the consensus of the Committee to take no further action.

 

11.  The Committee discussed a proposed rulemaking petition for the Department of Safety relative to amending Saf-C 5203.04 on maximum rates for hazardous materials incident response to include the rates in the rules pursuant to RSA 154:8-a, II-a(g).

 

      It was the consensus of the Committee that it would take no further action, but that Rep. Bicknell would look into the matter legislatively.

 

12.  The Committee discussed the proposal dated March 30, 2005 from the Department of Environmental Services to the Director of the Office of Legislative Services relative to reorganization of its rules.

 

      No further action was taken.

 

13.  The Committee adjourned at 11:10 a.m.