JOINT LEGISLATIVE COMMITTEE ON ADMINISTRATIVE RULES

 

 

Action Minutes

 

JULY 15, 2010

 

 

Members Present:   Representatives Pilotte, Patten, Schmidt, Gottling, Millham, Boyce*, Taylor*, Kidder*, and Sad*, and Senator Merrill.  (*) Indicates alternate members.

 

(**)  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, Taylor, Kidder, and Sad.

 

     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):

 

 

 

FP 2010-48

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs

Amendments Relating to Proposed Env-Dw 720 Inspections; Significant Deficiencies

 

 

**FP 2010-49

DEPARTMENT OF ENVIRONMENTAL SERVICES

Drinking Water Programs
Inspections: Significant Deficiencies

See ** below

 

 

**  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.

 

 

 

     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
Agency Store Rules

 

        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, Taylor, Kidder, and Sad present, the Committee discussed Final Proposal 2010-54 from the Banking Department (Trust and Banking Companies).  Celia Leonard testified for the Department.

 

        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

 

 

(a)  OR 2008-165

Practice and Procedure Rules

(No JLCAR deadline, because agency's objection response deadline was waived.)

 

 

(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.)

 

 

 

        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

 

14. Other