JOINT LEGISLATIVE COMMITTEE ON
ADMINISTRATIVE RULES
Action Minutes
JULY 15, 2010
Members Present: Representatives Pilotte, Patten, Schmidt, Gottling, 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 FP 2010-49 in Item #3 and Item #4
below. However, FP 2010-49 was
conditionally approved.)
1. The meeting was convened at 9:00 a.m. by Rep.
Pilotte as Vice-Chair.
Members present at this time, aside from Rep. Pilotte, were
Reps. Patten, Schmidt, Gottling, Millham,
Rep. Boyce arrived shortly after the Committee convened.
Rep. Pilotte appointed Rep. Boyce, Rep. Taylor, Rep. Sad, and
Rep. Kidder as alternates, respectively, for Sen. Letourneau, Sen. Cilley, Sen.
Fuller Clark, and Sen. Carson, who were absent.
2. The Committee discussed the minutes of the
Committee meeting on June 25, 2010.
Rep. Millham moved that the minutes be approved.
Rep. Patten seconded.
Adopted.
3. The Committee discussed the following Final Proposals (Consent
Agenda – Final Proposals):
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FP 2010-48 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs Amendments Relating to Proposed
Env-Dw 720 Inspections; Significant Deficiencies |
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**FP 2010-49 |
DEPARTMENT OF ENVIRONMENTAL SERVICES Drinking Water Programs See ** below |
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**
The only issue with this final proposal is that there is a concern
regarding a potential violation of Part 1, Article 28-a of the N.H.
Constitution, but these rules appear to implement a pass-through of federal
requirements. |
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Rep. Patten moved that the Committee approve Final Proposal
2010-48.
Rep. Schmidt seconded.
Adopted.
**4. The Committee discussed Final Proposal 2010-49 from
the Department of Environmental Services (Drinking Water Programs, Inspections:
Significant Deficiencies). Gretchen
Hamel testified for the Department.
The Department had requested a conditional approval in a
letter and amended rule dated July 15, 2010.
Rep. Patten moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-49 based on the
request.
Rep. Boyce seconded.
Adopted.
5. The Committee discussed Proposed Interim
Rule INT 2010-6 from the Department of Environmental Services (Division of
Water, Lead and Copper Corrosion Control).
Gretchen Hamel testified for the Department.
Sen. Merrill arrived during the discussion of this item.
Rep. Patten moved that the Committee approve Proposed Interim
Rule INT 2010-6.
Rep. Gottling seconded.
Adopted.
6. The Committee discussed the following response, by the agency indicated, to the Committee’s revised objection (Consent Agenda – Responses to Objections):
ROR 2009-176 |
LIQUOR COMMISSION |
Rep. Schmidt moved that the Committee accept the response and
approve the rules.
Rep. Boyce seconded.
Adopted.
7. The Committee discussed Final Proposal 2010-26
from the Department of Health and Human Services (Commissioner, Submission of
Health Care Facility Financial Data).
Stephen Mosher testified for the Department.
Rep. Patten moved that the Committee make a preliminary objection
to Final Proposal 2010-26 based on the annotations to the Final Proposal by
Committee staff and on the Committee’s discussion.
Sen. Merrill seconded.
Adopted.
8. The Committee discussed Final Proposal
2010-59 from the Department of Health and Human Services (Former Division of
Human Services, Food Stamp Employment and Training Program). Lynn Wilder testified for the Department.
The Department had submitted a conditional approval request
with a letter and amended rule dated July 9, 2010.
Rep. Patten moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-59 based on the
request.
Rep. Taylor seconded.
Adopted.
9. The Committee discussed Final Proposal 2010-24
from the Board of Examiners of Nursing Home Administrators (Explanation after
Adoption of Rules, License Application Procedures, Disciplinary Matters
Including Fines, Continuing Education Standards, and Ethical Standards). Penny Taylor and Daniel A. Estee, Board
Chair, testified for the Board.
The Board had requested a conditional approval in a letter
dated July 12, 2010 and an amended rule dated June 15, 2010 [sic].
Rep. Patten moved that the Committee accept the conditional
approval request with an amendment to add subparagraph Nuh 304.03(a)(7) to
state, “Documentation of citizenship or legal resident status pursuant to Nuh
302.03”, and conditionally approve Final Proposal 2010-24 based on the request,
as amended.
Sen. Merrill seconded.
Adopted.
10. The Committee discussed Final Proposal
2010-39 from the Department of Safety (Various Voluntary Certification of Oil
Heating Technicians Rules). Sheri
Kelloway and Jeffrey Cyr testified for the Department.
Rep. Patten moved that the Committee approve Final Proposal
2010-39 with the understanding that an Incorporation by Reference Statement
would not be required for the documents cited in Saf-C 4906.02.
Rep. Taylor seconded.
Adopted.
11. The Committee discussed Proposed Interim Rule
INT 2010-7 from the Department of Safety (Interim Various DNA Database Records
Rules). Marta Modigliani and Dr. Timothy
Pifer testified for the Department.
Rep. Patten moved that the Committee approve Proposed Interim Rule INT 2010-7 with the understanding that the Department will examine, for future rulemaking in RSA 541-A, the Department’s procedure for collection and submission of DNA samples pursuant to RSA 651-C:2, III.
Rep. Schmidt seconded.
Adopted.
12. The Committee discussed Final Proposal 2010-38
from the Department of Safety (Display Fireworks Rules). Marta Modigliani testified for the
Department. Christopher Wyman and Andrew
Lubrano also represented the Department.
The Department had requested a conditional approval in an
amended rule dated July 15, 2010.
Rep. Patten moved that the Committee accept the conditional
approval request and conditionally approve Final Proposal 2010-38 based on the
request.
Rep. Schmidt seconded.
Adopted.
13. The Committee discussed an emergency rule filed
by the Department of Safety in Document #9750, effective July 1, 2010
(Emergency Distance from Audience Firework Rule).
It was the consensus of the Committee to take no further
action.
14. After a break, with Reps. Pilotte, Patten,
Gottling,
Reps. Schmidt and Millham and Sen. Merrill returned to the
meeting as the discussion on this item began.
Rep. Patten moved that the Committee approve Final Proposal
2010-54.
Rep. Taylor seconded.
Adopted.
15. The Committee discussed Final Proposal
2010-17 from the Banking Department (Fidelity Coverage Requirements). Ingrid White testified for the Department.
The Department had requested a conditional approval in a
letter and amended rule dated July 13, 2010.
Rep. Taylor moved that the Committee accept the conditional
approval request with amendments to (1) replace the words “industrially known”
with “industry” in Ban 1104.04 (d)(1) and (2) and Ban 1104.05 (f)(1); (2)
insert “August 2007” after “No. 24” in Ban 1104.04 (d)(1) and after “No. 14” in
Ban 1104.04 (d)(2); and (3) file Incorporation by Reference Statements for the
“Financial Institution Bond Standard Form No. 24”, the “Financial Institution
Bond Standard Form No. 14”, and the “Financial Institution Credit Union Blanket
Bond Standard Form No. 23”, and “National Credit Union Administration
Regulation Part 713”, and that the Committee conditionally approve Final
Proposal 2010-17 based on the request, as amended. The motion also directed Committee staff to
send a transcript of the Committee meeting and a copy of the rules with a
letter to the Chairs of the House and Senate Commerce Committees regarding RSA
383:14 and the implementation of the statute through Ban 1104.
Rep. Patten seconded.
Adopted.
16. The Committee discussed whether to postpone
action on certain items to another meeting.
Rep. Patten moved that the Committee postpone action on the
following items to the Committee’s regular meeting on August 19, 2010:
13. BOARD OF MENTAL HEALTH PRACTICE |
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(a) OR 2008-165 |
Practice and
Procedure Rules (No JLCAR deadline, because agency's objection
response deadline was waived.) |
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(b) OR 2008-166 |
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.) |
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Rep. Taylor seconded.
Adopted.
17. The Committee discussed the status of
amendments to the Drafting and Procedure Manual for Administrative Rules,
which would be subject to review at the next Committee meeting but expected to
be sent to members by the end of July.
No action was taken at this time.
It was the consensus of the Committee that the next Committee
meeting would be the regularly scheduled meeting on August 19, 2010, and that
the previously scheduled continued meeting on July 29, 2010 would be cancelled.
18. Rep. Schmidt moved that the Committee
adjourn.
Rep. Gottling seconded.
Adopted.
The Committee adjourned at 12:29 p.m., effectively postponing
consideration of the following item to the meeting on August 19, 2010:
OTHER BUSINESS |
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14. Other |
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